Philips CPAP class action alleges company knew of foam degradation issues in 2015

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Update:

• Philips has agreed to pay at least $479 million to resolve claims it sold sleep apnea devices and ventilators containing sound abatement foam that could break down and potentially expose users to toxic chemicals. 
• The company initiated a recall over concerns with the sound abatement foam in June 2021, with the total number of recalled devices having now surpassed 10.8 million. 
• Consumers who paid out-of-pocket costs when purchasing or renting a recalled Philips device and payers who reimbursed patients for the costs of the devices are eligible to benefit from the settlement. 
• Each user of a recalled Philips device will ultimately be eligible to receive between $55 and $1,552 in total compensation, per the terms of the settlement agreement, which is still subject to final approval. 

Philips CPAP litigation overview: 

• Who: Philips Respironics is being accused of knowing since 2015 that its continuous positive airway pressure (CPAP) devices contained polyester-based polyurethane (PE-PUR) sound abatement foam prone to degrading and leading to adverse health effects such as cancer. 
• Why: The U.S. Food and Drug Administration found Philips was aware of consumer complaints regarding its devices and that it had reached out to its foam supplier, PolyTech, about its durability in 2015. 
• Where: Philips issued a nationwide recall for its CPAP and ventilator devices last year.

(June 29, 2022)

Philips Respironics ignored tens of thousands of user complaints that the memory foam in its sleep apnea breathing machines was prone to degrading during use, according to a new class action multidistrict litigation consolidated complaint. 

Philips is being accused of knowing about — and ignoring — the issue with degrading polyester-based polyurethane (PE-PUR) sound abatement foam in its continuous positive airway pressure devices (CPAP) since 2015.

Consumers claim Philips was aware of CPAP users’ complaints that their devices contained black debris or particles but failed to quickly look into the alleged issue or provide replacement devices in a timely fashion. 

Philips issued a recall for its CPAP, Bi-Level PAP and mechanical ventilators last year while acknowledging that the black debris/particles found in the devices air paths could lead to adverse health effects such as cancer, nausea, and headaches. 

More than 100 complaints were filed against Philips in response to the recall, with the cases ultimately consolidated into an MDL last October, Law360 reports. 

FDA found Philips received 20,000 consumer complaints regarding Trilogy devices between 2008-2017

CPAP users claim the U.S. Food and Drug Administration (FDA), meanwhile, found Philips has received 20,000 consumer complaints between the years 2008 and 2017 over its Trilogy devices — which are among the 17 recalled CPAP machines. 

The FDA discovered Philips was aware of the foam degradation issue from as far back as 2015 when it says the company asked its foam supplier, PolyTech, about the durability of the foam, according to the Philips CPAP class action. 

Philips recalled 215 of its Trilogy Evo ventilators and 51 repair kits for the ventilator earlier this year over concerns the devices contained PE-PUR foam that could possibly be carcinogenic. 

If you or your child or teenager used one of the recalled Philips CPAP machines and have been diagnosed with cancer or a lung injury, you may be eligible to join a free Philips CPAP lawsuit investigation.

The plaintiffs are represented by Levin Sedran & Berman, Seeger Weiss LLP, Lynch Carpenter LLP, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Robert Peirce & Associates PC and Pietragallo Gordon Alfano Bosick & Raspanti LLP.

The Philips CPAP class action multidistrict litigation is In re: Philips Recalled CPAP, Bi-Level PAP and Mechanical Ventilator Products Litigation, Case No. 2:21-mc-01230, in the U.S. District Court for the Western District of Pennsylvania.

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