Philips CPAP recall $494M class action settlement

Update:

• Final approval for this class action settlement was granted April 25, 2024.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Philips Respironics agreed to a $494 million class action lawsuit settlement to resolve claims that CPAP users and payers were harmed when the company issued a recall on numerous CPAPs due to health concerns.

The settlement benefits device users who purchased, leased, rented, paid for or were prescribed a recalled Philips CPAP, Bi-Pap, ventilator or other recalled device.

The settlement also benefits insurers, self-funded employers and other third-party payers who reimbursed (whole or in part) the purchase, lease, rental or other payment for a Philips CPAP, Bi-Pap, ventilator or other device that was included in a recall.

Class members can check if they used or paid for a recalled Philips CPAP device by checking their devices’ serial numbers on the settlement website.

According to the class action lawsuit, Phillips included defective foam in its CPAP, BiPAP and other respiratory devices that it recalled in June 2021. The foam allegedly exposed patients to dangerous chemicals.

Philips Respironics is a medical device company that sells CPAP, BiPAP and other respiratory devices used both at home and in professional medical settings.

Philips Respironics hasn’t admitted any wrongdoing but agreed to pay a total of $494 million to resolve the CPAP recall class action lawsuit. The settlement includes $445 million for user payments, $15 million for device replacements and $34 million for payer awards.

Under the terms of the settlement, users can receive a device payment for each device they used that was later recalled, a $100 award for devices they already returned to Philips or a device replacement award if they purchased a replacement device with their own money.

Payers can receive a payer award depending on the number of insured lives they cover and the amount in premiums they received in the 2021 and 2022 calendar years.

The deadline for exclusion and objection is Feb. 7, 2024.

The final approval hearing for the Philips Respironics CPAP class action lawsuit settlement is scheduled for April 11, 2024.

Users who return their recalled device using a prepaid label provided by the settlement will automatically receive a settlement payment. All other class members must submit a valid claim form by Aug. 9, 2024, in order to receive a settlement payment.

Who’s Eligible

Users who purchased, leased, rented paid for or were prescribed a recalled Philips CPAP, Bi-Pap, ventilator or other recalled device AND insurers, self-funded employers and other third-party payers who reimbursed (whole or in part) the purchase, lease, rental or other payment for a recalled Philips CPAP, Bi-Pap, ventilator or other recalled device

Potential Award

Varies

Proof of Purchase

Proof of purchase for users, documentation of insurer information for payers

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

08/09/2024

Case Name

In re: Philips Recalled CPAP, Bi-Level Pap, and Mechanical Ventilator Product Litigation, Case No. 2:21-mc-01230-JFC, in the U.S. District Court for the Western District of Pennsylvania

Final Hearing

04/11/2024

Settlement Website

RespironicsCPAP-ELSettlement.com

Claims Administrator

Respironics CPAP Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA19103
[email protected]
855-912-3432

Class Counsel

Christopher A Seeger
SEEGER WEISS

Sandra L Duggan
LEVIN SEDRAN & BERMAN

Steven A Schwartz
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP

Kelly K Iverson
LYNCH CARPENTER LLP

Roberta D. Liebenberg
FINE, KAPLAN AND BLACK RPC

Lisa Ann Gorshe
JOHNSON BECKER PLLC

Arthur H Stroyd Jr.
DEL SOLE CAVANAUGH STROYD LLC

Defense Counsel

John P Lavelle Jr. 
Lisa C Dykstra
MORGAN LEWIS & BOCKIUS LLP

Erik T Koons 
Andrew T George
BAKER BOTTS LLP

Michael H Steinberg
SULLIVAN & CROMWELL LLP

Tracy Richelle High
William B Monahan
Elizabeth N Olsen
SULLIVAN & CROMWELL LLP