Philips Respironics, the maker of CPAP sleep apnea machines, has agreed to pay at least $479 million to settle a lawsuit over alleged health risks from toxic sound-reducing foam.
Philips CPAP Settlement Terms
The settlement will go to users who bought or rented the recalled devices and those who incurred out-of-pocket costs or had to reimburse users for those costs.
As part of the agreement, Philips did not admit to any wrongdoing.
Recalled Devices and FDA Reports
In 2021, Philips recalled about 10.8 million devices, saying the silicone-based foam they used to reduce sound and vibration can break down and be breathed in by the user.
The FDA received reports alleging at least 385 deaths associated with the broken down foam since April 2021.
Learn more: Defective Medical Devices Lawsuit Attorneys
Lawyers and CPAP Manufacturer Philips Response
Philips Respironics said in a statement that since 2021, it has completed risk assessments for about 95% of devices covered by the recall, and those results show potential exposure to the foam particles or emissions “is unlikely to result in appreciable harm to health.”
Lawyers said the $479 million amount will increase as more devices are returned.
Settlements and Payments to Claimants
Philips will pay awards to users for each recalled device, which range from $55.63 to $1,552.25. They’ll also receive a device return award of $100 for each recalled device given back to the company to cover the cost of a new machine.
This is just one segment of claims facing the company. Claims made for personal injury and medical monitoring costs are not included in the settlement, though the lawyers said in the statement they will continue to pursue those claims.
The agreement is subject to approval by Judge Joy Flowers Conti in the United States District Court for the Western District of Pennsylvania.
Join the CPAP Settlement
Those who believe they are entitled to part of the settlement may file a claim once the claims period opens. They can also follow us at therussofirm.com/breaking-news to receive updates on the settlement as more information becomes available. We are actively following and working on the CPAP lawsuit.
