Lawyers are working to register and file Philips CPAP lawsuits, as the manufacturer may argue the June 14 anniversary of a massive recall triggered the start of the statute of limitations in certain states
May 30, 2023
By: Russell Maas
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- A Philips CPAP recall was announced on June 14, 2021, impacting millions of sleep apnea machines that contained toxic sound abatement foam
- The defective CPAP foam has been found to break down, releasing chemicals and debris directly into the machine's air pathways, causing cancer, lung damage and other side effects
- Manufacturer may argue that the two year statute of limitations in some states triggers a Philips CPAP lawsuit filing deadline in the next few weeks
- Additional time may be available for certain claims based on the date an injury was diagnosed or when individuals learned that the recalled Philips CPAP machine caused their injury
- FIND OUT IF YOU OR A LOVED ONE QUALIFY FOR A PHILIPS CPAP LAWSUIT
With the two-year anniversary of a massive Philips DreamStation, CPAP, BiPAP and mechanical ventilator recall approaching in the next few weeks, a spike in new claims filed and registered on a tolling agreement is expected, since the manufacturer may argue the recall announcement establishes a Philips CPAP lawsuit filing deadline for some claimants.
Philips Respironics first announced the CPAP machine recall on June 14, 2021, impacting millions of devices that contained a defective sound abatement foam, which can break down and release toxic particles and gasses directly into the sleep apnea machine’s air pathways.
Shortly after the manufacturer issued the recall, the U.S. Food and Drug Administration (FDA) warned about serious health risks from the Philips CPAP foam, instructing individuals to stop using the recalled machines unless needed for life-sustaining therapy.
Reports have surfaced over the past two years involving former users developing various cancers, lymphoma, lung damage and other injuries linked to the toxic chemicals and gasses released as the sound abatement foam breaks down, and tens of thousands of Philips CPAP recall lawsuits are expected to be filed against the manufacturer.
Deadline for Philips CPAP Lawsuits
Every legal claim has a statute of limitations, or deadline that requires any legal claim to be filed within a certain amount of time. Determining the deadline for each Philips CPAP lawsuit depends on the state law that applies, and when the cause of action arose.
In this post, AboutLawsuits.com will outline the factors that influence the Philips CPAP lawsuit filing deadline, as well as steps that can be taken to toll the statute of limitations from running or file a complaint in court.
How long do I have to file a Philips CPAP lawsuit?
When it comes to filing a Philips CPAP machine lawsuit, the time limit for taking legal action depends on the state where the device was purchased and used, when the injury first occurred and when it was discovered that there was a link between a diagnosed injury and the Philips CPAP machine. Therefore, determining the exact deadline for Philips CPAP lawsuits requires a lawyer to conduct a very case-specific evaluation.
Most states have a two or three year statute of limitations (SOL) for filing product liability claims, which generally begins as soon as an injury was caused by the product. However, many states have a discovery rule, which provides additional time to file a claim based on when the plaintiff knew or should have known a cause of action exists.
To calculate the specific deadline for filing a lawsuit against Philips, it’s essential to know these key dates;
- When you last used the recalled Philips CPAP machine
- The date of your injury diagnosis
- When you became aware the Philips CPAP machine may have caused your injury
- The statute of limitations laws in the state where the Philips CPAP machine was purchased and/or used
When did the SOL for my Philips CPAP machine lawsuit start?
For injuries diagnosed prior to the Philips recall announcement in June 2021, the manufacturer is expected to argue that the statute of limitations began running when the recall was issued. However, it will ultimately be up to a court to decide when the user knew or reasonably should have known about the link between their injury and the design defects with the Philips CPAP machine.
While the recall announcement may trigger the SOL for some Philips CPAP machine lawsuits, many users did not actually learn about the recall until months later, since the manufacturer failed to take steps to make sure all users were adequately informed about the problems. In addition, many users did not actually experience an injury from the CPAP machine until long after the recall, so the SOL for their Philips CPAP lawsuit will not be impacted by the recall announcement.
Discovery Rules May Allow Additional Time
Additional time to file a Philips CPAP lawsuit may be available if the state law provides for a “discovery rule”, which generally means the deadline for filing a claim does not start running until the injured person knew or reasonably could have discovered the cause of action.
The Philips CPAP discovery rule will be especially relevant, since the harm caused by the product often isn’t immediately obvious. In addition, the manufacturer made several statements following the recall that minimized the health risks from use of their CPAP machines, reasonably leading many consumers not to recognize that their cancer, lung damage, respiratory injury or other health issues may have been caused by exposure to the toxic foam particles.
Philips CPAP Lawsuit Tolling Available to Pause SOL
In response to the growing number of lawsuits being filed throughout the federal court system, each raising similar question of fact and law, a Philips CPAP multidistrict litigation (MDL) was establishedin 2021, centralizing all claims before U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania to preside over coordinated discovery and pretrial proceedings.
In September 2022, the MDL court approved a Philips CPAP census registry, which allows potential claimants to toll the statute of limitations before an actual lawsuit is filed, pausing deadlines.
This process is different from registering a device with the Philips CPAP repair and replacement program, and requires a Census Registry Form be substantially complete, providing details about their use of the machine and specific injuries that resulted. In addition, each claimant must sign a Data Release Form, which allows certain information related to the use of the CPAP machine and ambient temperature and humidity to be accessed.
While Philips has the ability to terminate the Tolling Agreement in the future, requiring each individual claimant to file a lawsuit, the program is designed to allow the parties to investigate the claims and explore the potential for Philips CPAP lawsuit settlements to resolve claims.
Philips CPAP MDL Short Form Complaint Allows For Quick and Convenient Filing Process
For individuals who prefer to file their case in court, rather than registering the claim on a tolling agreement, Judge Conti has also approved a streamlined process for filing Philips CPAP lawsuits in the MDL, through the use of a Master Long Form Complaint and individual Short Form Complaints, which adopt certain allegations and claims that are relevant to their case.
The Master Complaint outlines all of the allegations and available claims that could apply to individual lawsuits, and is intended to facilitate pretrial motions practice before the court.
Individual Short Form Complaints can then be filed using an abbreviated form, outlining the individual claims presented, as well as case-specific information, like the name of the injured party, where the plaintiff resides, the model of each recalled device used, specific injuries that have been diagnosed and other information.
According to the latest docket report (PDF) released by the U.S. Judicial Panel on Multidistrict Litigation (JPML) on May 15, there are already over 500 Philips CPAP lawsuits filed in the MDL. However, tens of thousands of unfiled claims are registered on the MDL Census Registry.
What Injuries Qualify For a Philips CPAP Lawsuit?
Lawsuits are being pursued by individuals who have experienced a wide range of Philips CPAP machine side effects, including:
Cancer, Lymphoma or Leukemia:
- Lung Cancer
- Esophageal Cancer
- Sinus Cancer
- Nasal Cancer
- Throat Cancer
- Tonsil Cancer
- Thyroid Cancer
- Kidney Cancer
- Liver Cancer
- Bladder Cancer
- Non-Hodgkin’s Lymphoma (NHL)
- Multiple Myeloma
- Acute Myeloid Leukemia (AML)
Lung Damage, Respiratory Injuries and Other Health Problems:
- Pulmonary Fibrosis
- Interstitial Lung Disease (ILD)
- Respiratory Failure (ARDS)
- Reactive Airway Disease (RAD)
- Acute Inhalation Injury
- Pleural Effusion
- New or Worsening Asthma
- Kidney Damage/Disease
- Liver Damage/Disease
Have A Philips CPAP Lawyer Review Your Case
Pausing the remaining time on your potential Philips CPAP statute of limitations is crucial, regardless of whether you live in a two year SOL state or a six year SOL state. This ensures that you don’t miss your deadline and allows for an extended period to file a lawsuit if the settlement negotiations fail.
Lawyers are still reviewing new Philips CPAP cases for individuals who have experienced any of the following To understand your state’s Philips CPAP statute of limitations and learn how to halt the countdown of time that could prevent you from seeking compensation, contact a lawyer for a free consultation.
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Philips CPAP Settlement Payout Agreements May Be Reached For Some Cases in 2023: CEO. No details on potential Philips CPAP settlement amounts have been released, but company officials say they hope to resolve economic claims this year and individual injury lawsuits in 2024.How much money are people getting from the CPAP lawsuit? ›
Lawyers estimate that potential CPAP lawsuit settlement amounts for cancer injuries may be between $100,000 and $500,000. Depending on the severity of the plaintiff's injuries, the amount could vary in individual cases. Jury verdicts at trial tend to be higher than settlement amounts, but not all cases go to trial.How do I join a class action lawsuit against Philips CPAP machine? ›
- The plaintiff must be under 80 years old and have used one of the recalled Philips sleep apnea devices or ventilator products.
- The plaintiff must have experienced the harmful effects of the recalled products.
What is the Status of the CPAP MDL? The CPAP MDL has been assigned to the Western District of Pennsylvania under Judge Joy Flowers Conti. As of February 2023, the MDL is still in its discovery phase, meaning plaintiffs and the defendant, Philips, are gathering evidence and testimony in preparation for trial.What is the latest update on the CPAP lawsuit? ›
New CPAP Lawsuit Updates
The MDL was assigned to Senior U.S. District Judge Joy Flowers Conti. It encompasses several hundred cases. Other lawsuits filed in other courts are likely to be transferred, too. In September 2022, Phillips settled a claim made by the U.S. government that it was paying illegal kickbacks.
November 2022 Update:
With the growing number of CPAP machine lawsuits, the US Department of Justice has nearly finalized a consent decree that will force Philips to accept financial blame for current and future problems with its sleep apnea ventilators BiPAP and CPAP machines recalled for years.
Philips states that to receive a full refund: You will need to follow the return process accessible through your MyPhilips Account. You must have purchased your device within the last 30 days.How do I get reimbursed for CPAP? ›
In order to be eligible for reimbursement, The Centers for Medicaid and Medicare (CMS) require proof that you are using the CPAP machine at least 4 hours per night, on 70% of nights, in a consecutive 30-day period. Most machines record your use for you.Do I have to return my Philips CPAP? ›
Failure to return your original device to Philips could result in your being billed for payment of that device, as you now have two devices, but have only paid for one device. The enclosed DreamStation 2 Auto CPAP Advanced device is provided to you as a replacement for your existing CPAP device.What are the risks of joining a class action lawsuit? ›
Risks: If the case is unsuccessful, you will not receive any compensation, and you may have to pay legal fees or costs. You may have limited control over the litigation process, as the lead plaintiff and attorneys are typically responsible for making decisions about the case.
On 8/23/2021, Philips predicts it takes approximately 12 months to complete the recall worldwide. Although the repairs/replacements are on hold until FDA approves their new foam design, Philips is making 55,000 repair kit per week in Q3 2021, and aim to 80,000 per week in Q4 2021.What is Medicare doing about Philips CPAP recall? ›
If the equipment is more than 5 years old, Medicare will help pay for a replacement. Important: Register your recalled equipment with Philips so they know you need a replacement, and can provide information on the next steps for a permanent corrective solution.How many apneas per hour is normal? ›
CPAP, oral appliances and other sleep apnea treatment options are designed to reduce your AHI, but not necessarily eliminate them. That's because it's considered normal for everyone to have up to four apneas an hour. It's also common if your AHIs vary from night to night.What is the 95th percentile for CPAP pressure? ›
95th percentile– This is the pressure that is providing the most effective therapy. In other words, this is the pressure that is working best to resolve your apnea. This may change from time to time. Maximum Pressure– This is the highest amount of pressure that your CPAP is reaching during your CPAP therapy.Which is worse central sleep apnea or obstructive? ›
OSA sufferers can wake up dozens to hundreds of times per night. However, not everyone who snores has OSA, so it's important to pay attention to other signs like fatigue, morning headaches and others. Central sleep apnea (CSA) is far less common but equally as dangerous as OSA.Is there a class action suit against Philips? ›
Victims may ask, “Is there a class action lawsuit against Phillips CPAP machines?” The answer to that question is “yes.” Since June, there has been a flurry of different lawyers filing claims for victims, and a class action lawsuit was filed in Massachusetts.How serious is Philips CPAP recall? ›
Philips Respironics Recalls Certain Reworked DreamStation CPAP, BiPAP Machines for the Risk They May Deliver Inaccurate or Insufficient Therapy. The FDA has identified this as a Class I recall, the most serious type of recall.What are the injuries to a CPAP machine? ›
Other potential CPAP machine injuries include stroke, severe headaches and dizziness, eye, nose, skin irritation, allergic reactions to some chemicals, congenital disabilities, genetic anomalies, diabetes, and rheumatoid arthritis.
Go ahead and adjust the pressure on your own CPAP machine. There is a lot of talk about how it's "illegal" for Sleep Apnea patients to adjust or change their own CPAP machine pressure settings; that only a licensed, certified or qualified technician, physician or clinician can do it.Is there a lawsuit against ResMed CPAP? ›
The ResMed Lawsuit Settlement
The law protects those that come forward from job retaliation and rewards whistleblowers a share of the money that the government recovers as a result of the case. If the government joins the qui tam lawsuit, the whistleblower is entitled to 15 percent to 25 percent of the recovery.
You may be wondering, “Are ResMed CPAP machines being recalled?” Rest assured, the CEO of ResMed has made a public announcement stating that ResMed CPAP machines are not impacted by the Philips recall. This is because their machines use a different material than what was used in Philips products.How much is the Philips CPAP lawsuit worth? ›
Royal Philips has set aside $630 million to settle economic damage lawsuits related to the recall of its CPAP machines, which were found to release toxic chemicals and particles into users' airways and lungs.Do I have to return my CPAP machine? ›
Non-defective and unopened/unused CPAP machines, parts, and batteries must be returned with their original packaging within 15 days of the shipping date in order to receive a refund, less the original shipping costs.How do I get my DreamStation replaced? ›
Replacing Your CPAP Device
To have your existing DreamStation repaired or replaced under warranty, contact Philips at https://www.philipssrcupdate.expertinquiry.com/ or call 877-907-7508.
You will pay a 20 percent coinsurance based on the Medicare-approved amount for a CPAP machine. Medicare Part B covers the other 80 percent of the cost. The Part B deductible applies. Medicare helps pay to rent your CPAP machine for a total of 13 months, but only if you continue to use it without interruption.How much do you have to wear CPAP for insurance? ›
Many insurance compliance guidelines require that you use your CPAP machine for four or more hour/night during 70% of the nights within the first 90 days of therapy. 3 This criterion is based on studies that show at least four hours of use are required for the cardiovascular benefit of treatment.How long do you have to use CPAP for Medicare to pay? ›
Medicare pays the supplier to rent a CPAP machine for 13 months if you've been using it without interruption. After Medicare makes rental payments for 13 continuous months, you'll own the machine.How to get a Philips CPAP replacement? ›
Please log-in to the Patient Portal for device specific instructions on how Philips Respironics can obtain your prescription and fulfil your replacement device. Depending on your specific situation, you may be eligible to select an Auto-adjusting CPAP replacement device.How does the Philips CPAP recall work? ›
Recalled Devices. In June 2021, Philips recalled certain ventilators, BiPAP machines, and CPAP machines (see table below) because of potential health risks. The polyester-based polyurethane (PE-PUR) foam used in these devices to reduce sound and vibration can break down.Is it worth joining a class action lawsuit? ›
In most cases, there's little downside to joining these lawsuits, which combine many legal claims — often thousands — into one claim against a single defendant, reducing fees for each claimant and potentially earning a much larger payout. And there have been many opportunities to do so.
Contrary to popular belief, class action settlements are not divided among class members evenly. Lead plaintiffs receive the most money in class action lawsuits. They typically have the worst injuries and the highest damages.Should I exclude myself from class action lawsuit? ›
The result may be that someone brings a class action lawsuit. But if you've suffered a significant financial loss, you should be wary of participating in a class action. You'll almost always be far better off if you “opt out” of the class and pursue your own individual case.Should I stop using CPAP because of recall? ›
If you're using one of the machines that has been recalled by the FDA, you might think that you need to immediately stop using it, but that might not be helpful for your sleep apnea. As advised by the FDA, you shouldn't stop using your CPAP device just because it's listed in the recall.How long can a patient be on CPAP? ›
Ideally, CPAP compliance should take place for as long as the patient is sleeping but, in practice, this occurs in a minority of subjects. Based on several studies, compliance of ≥4 h per night has been considered acceptable.Which CPAP machines are not affected by the recall? ›
ResMed is a separate company from Philips Respironics and is not subject to the Philips recall. ResMed CPAP, APAP, or BiPAP (BiLevel PAP) machines are safe to use.Will Medicare pay to repair my CPAP machine? ›
Typically, Medicare will cover a portion of the costs of a new CPAP machine once every five years. Medicare will cover 80% of the cost and you are responsible for the other 20% after you have paid your Medicare Part B deductible for the year — $226 in 2023.What is the CPAP compliance after 90 days? ›
In easier to understand terms, you have a full 90 day (or 3-month period) to wear your CPAP for a minimum of 4 hours each night for 70% of the time. To break it down further, 70% usage is the same as 21 days out of 30 consecutive days. As a patient, compliance is important for overall success with the therapy.What should I do about the CPAP recall? ›
If your sleep apnea has developed into a potentially life-threatening medical condition, your physician might suggest you continue using your recalled device if the healthcare benefits are greater than the risks. You can also order a new CPAP machine from another manufacturer.What is the highest sleep apnea score? ›
Severe obstructive sleep apnea means that your AHI is greater than 30 (more than 30 episodes per hour) Moderate obstructive sleep apnea means that your AHI is between 15 and 30. Mild obstructive sleep apnea means that your AHI is between 5 and 15.Can losing weight cure sleep apnea? ›
Q: Can weight loss cure sleep apnea? A: The short answer is no. While there are several sleep apnea treatment options available, there is no cure. However, weight loss may help reduce sleep apnea symptoms for some people, but only if you have obstructive sleep apnea.
Abstract. Many patients suffering from obstructive sleep apnea (OSA) have intermittent oxygen desaturation associated with periods of apnea or hypopnea. Oxygen saturation levels below 90% are considered harmful.What is the average CPAP pressure for severe apnea? ›
Settings vary based on the device, but most CPAP machines have a pressure range of 4 cm H2O to 20 cm H2O. The average pressure setting for people with OSA is around 9 cm H2O. View Source .What CPAP pressure is considered high? ›
Your CPAP pressure settings are measured in centimeters of water pressure, or cmH2O. Most CPAP machines are able to go as high as 25 cmH2O, but that is far too high for the average sleep apnea sufferer. While the average setting is 10 cmH2O, your setting will likely fall anywhere between 6 and 15 cmH2O.What is the average CPAP score? ›
What is a good AHI score on CPAP? An AHI score of less than 5 is considered normal. It means that you've had fewer than five apnea/hypopnea events within one hour of sleep.What does puffing while sleeping mean? ›
When your brain senses that you aren't getting enough oxygen, it signals your body to wake up enough so that you can reopen your airway, and you may gasp for air during the night.What worsens central sleep apnea? ›
Sleeping at an altitude higher than you're accustomed to may increase your risk of sleep apnea. High-altitude sleep apnea resolves a few weeks after returning to a lower altitude. Opioid use. Opioid medications may increase the risk of central sleep apnea.What are the 4 types of sleep apnea? ›
- Obstructive sleep apnea.
- Central sleep apnea.
- Complex sleep apnea syndrome.
Philips states that to receive a full refund: You will need to follow the return process accessible through your MyPhilips Account. You must have purchased your device within the last 30 days.What is the current status of the Zantac lawsuit? ›
So far as now, the Zantac litigation is on hold in Federal court as all of the MDL claims were dismissed on December 6th, 2022, and no new Zantac MDL claims can be filed for the time being. However, Zantac lawsuits can still be filed by plaintiffs seeking compensation in state courts.Is the CPAP lawsuit legitimate? ›
Victims may ask, “Is there a class action lawsuit against Phillips CPAP machines?” The answer to that question is “yes.” Since June, there has been a flurry of different lawyers filing claims for victims, and a class action lawsuit was filed in Massachusetts.
ResMed Corp., a manufacturer of durable medical equipment (DME) based in San Diego, California, has agreed to pay more than $37.5 million to resolve alleged False Claims Act violations for paying kickbacks to DME suppliers, sleep labs and other health care providers, the Department of Justice announced today.How do I get a refund from Philips? ›
- Logging the request in the My Account section of your Philips Domestic Appliances E-Store Account.
- Calling the consumer care centre at 1800-108-1800 (Toll Free). ...
- Email us on email@example.com.
On 8/23/2021, Philips predicts it takes approximately 12 months to complete the recall worldwide. Although the repairs/replacements are on hold until FDA approves their new foam design, Philips is making 55,000 repair kit per week in Q3 2021, and aim to 80,000 per week in Q4 2021.Is it too late to file for the Zantac lawsuit? ›
Keep in mind that if you want to file a Zantac claim, there are factors other than the Zantac statute of limitations that may affect your eligibility. In order to file a Zantac cancer lawsuit, there can be no more than 10 years since the victim's last brand-name Zantac exposure prior to the cancer diagnosis.What cancers are linked to Zantac use? ›
What Types of Cancer Does Zantac Cause? Zantac and other ranitidine products contaminated with high levels of NDMA, a probable human carcinogen, could cause many types of cancer, including bladder cancer, colon cancer and prostate cancer.How many plaintiffs are in the Zantac lawsuit? ›
September 14, 2022 Update: The Zantac class action MDL includes over 2,000 plaintiffs who have filed lawsuits that are pending in federal courts. But approximately 50,000 additional Zantac claimants have been permitted to file claims under the MDL Census Registry program.Can I sue Philips for CPAP recall? ›
Contact Us About Filing a CPAP Recall Lawsuit
If you believe you are eligible because of side effects from the recalled Philips sleep apnea devices, contact our CPAP recall lawyers today for a free case evaluation at 800-553-8082. You can also discuss your case with us online.