Philips reaches $1.1B settlement in CPAP foam multidistrict litigation

Philips CPAP settlement overview: 

• Who: Philips reached a $1.1 billion settlement over injuries related to sleep apnea devices. 
• Why: The continuous positive airway pressure (CPAP) devices contained forever chemical foam that led to injuries, the lawsuit claimed.
• Where: The Philips settlement came in a consolidated case in federal court in Pennsylvania.

Philips reached a $1.1 billion CPAP settlement in a multidistrict case claiming the company’s continuous positive airway pressure (CPAP) devices contained forever chemical foam that led to injuries.

The Philips settlement included $1.075 billion to settle the personal injury claims and $25 million for medical monitoring, according to the settlement, which will benefit those who suffer significant physical injuries from the CPAP devices and support research on injury treatment.

New Philips settlement in addition to $600M settlement to device owners

In September 2023, Philips agreed to pay at least $479 million to resolve claims it sold the CPAP devices containing sound abatement foam that could break down and potentially expose users to toxic chemicals. 

This settlement, along with the recent $1.1 billion settlement, ends all multidistrict litigation related to CPAP, BiPAP and ventilator machines.

“Ultimately, these combined agreements accomplish what we sought to achieve when this litigation began – holding Philips accountable by obtaining care for those with physical injuries and compensation for those needing new respiratory devices,” the plaintiffs’ co-counsel says in a statement. 

Have you owned a Philips CPAP device? Let us know in the comments.

The plaintiffs are represented by Sandra L. Duggan and Keith J. Verrier of Levin Sedran & Berman LLP, Christopher A. Seeger, Caleb Seeley and David R. Buchanan of Seeger Weiss LLP, Kelly K. Iverson of Lynch Carpenter LLP, Steven A. Schwartz of Chimicles Schwartz Kriner & Donaldson Smith LLP, D. Aaron Rihn of Robert Peirce & Associates PC, Michael F. Ram of Morgan & Morgan PA and Peter St. Tienne Wolff of Pietragallo Gordon Alfano Bosick & Raspanti LLP. 

The defendant is represented by Wendy West Feinstein, John P. Lavelle Jr. and Lisa C. Dykstra of Morgan Lewis & Bockius LLP; Erik T. Koons of Baker Botts LLP; and Michael H. Steinberg, Tracy Richelle High and William B. Monahan of Sullivan & Cromwell LLP. 

The Philips CPAP settlement is In re: Philips Recalled CPAP, Bilevel 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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