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
Claims Administrator
Respironics CPAP Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA19103
Info@RespironicsCPAP-ELSettlement.com
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
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9 thoughts onPhilips CPAP recall $494M class action settlement
I have not received my settlement payment. And they said that it was being mailed out
I had to use one of those stickers and mail back mine but I’ve not heard anything or seen any kind of refund from them it says that we are supposed to get one but I mean it was paid for by my insurance so do I still receive that? I was also told by somebody on the phone that the reason why they were recall was because of the foam or something in it maybe causing a choking hazard or something but from what I’m reading they were we were exposed to some kind of chemicals that’s scary cuz I’ve had other things on my x-ray since then.
I was never told about the recall from Philips about my CPAP causing cancer. I found out through a family member showing me an article about it. I had to call Philips when Philips should have called me. In the 2 plus years of waiting to get a new CPAP and having nothing to help me breathe I took a very expensive step and had to spend $1400 for a mouthguard for some kind of relief from waking up and gasping for air. In waiting for CPAP replacement I called Philips and asked why all new clients just being diagnosed were getting devices and I was still waiting. It wasn’t an answer I was expecting. I want $1400 I had to spend because of Philips negligence in supplying me with a device that is medically needed and not just $100. That amount doesn’t even add up to all the nights I have gone to bed knowing that I was definitely going to awake gasping for air. I never asked for this condition, It is what it is. I just have to trust the system to keep myself healthy and this situation has put my life in danger. $100 is a joke for those of us that had to find a right to this wrong. That’s what I did.
My story is so much like yours. Med supply was just gone one day when I needed supplies.
I was assigned a CPAP machine by the hospital in 2014, and have been upgraded to a bipap in 2021, and have congestive heart failure, asthma and severe sleep apnea
I’m sorry for your loss Jeanne. Fight them!
Has anyone noticed the email add they use for settlement disbursement has been getting flooded with junk mail? I’ve switched to only using an address exclusively for this website and it’s class action links and I’m bombarded.
I am getting ready the send bipap machine back. My husband who used the BiPAP passed away in 2021. Just want to let you know it was not from Covid but lung complications. He also had colon cancer in 2013 and a kidney transplant 2019. Curious don’t know if claim needs to be filed or wait for class action to be settled. The machine may or may not have contributed to his death.
My husband used a Phillips CPAP machine for a long time, but list his battle with lung issues and I have to wonder if his CPAP machines were involved in the loss of him. I threw them both away when he passed away in Sept 2018. Gues I will never know now.