Shouse Law Group is currently accepting Philips CPAP lawsuit clients diagnosed with any of the following cancers after using a recalled Philips sleep apnea CPAP, BiPAP or mechanical ventilator:
- Breast cancer in patients under 40 years old
- Colon cancer
- Esophageal cancer
- Hematopoietic cancer
- Hypopharyngeal cancer
- Kidney cancer
- Laryngeal cancer
- Liver cancer
- Lung cancer
- Multiple myeloma
- Myeloid leukemia
- Nasal cancer
- Nasopharyngeal cancer
- Oropharyngeal cancer
- Papillary carcinoma
- Paranasal sinus cancer
- Prostate cancer in patients under 50 years old
- Rectal cancer
- Sinus cancer
- Soft palate cancer
- Stomach cancer
- Testicular cancer
- Throat cancer
- Thyroid cancer
- Tonsil cancer
Shouse Law Group is no longer accepting cases involving bladder cancer or lymphoma.
In this article, our mass tort attorneys answer the following frequently-asked-questions:
- 1. Which Philips sleep apnea devices have been recalled?
- 2. What is the reason for the recall?
- 3. Are there non-cancer side effects?
- 4. What are my legal claims?
- 5. Is this a class action?
- 6. How large will the settlements be?
1. Which Philips sleep apnea devices have been recalled?
The following sleep apnea devices were voluntarily recalled by Philips on June 14, 2021:1
|Type of Philips device (made from 2009 to April 29, 2021)
||Recalled models (all serial numbers)|
|Continuous Ventilator, Minimum Ventilatory Support, Facility Use|
|Continuous Ventilator, Non-life Supporting||
|Continuous Ventilator, Minimum Ventilatory Support, Facility Use||
|Continuous Ventilator, Non-life Supporting||
2. What is the reason for the recall?
The recently-recalled Philips CPAP, BiPAP and ventilator devices are defective. Its PE-PUR (polyester-based polyurethane) sound abatement foam disintegrates and off-gases volatile organic compounds (VOCs). And the DreamStation 1 emits the carcinogen formaldehyde.2
3. Are there non-cancer side effects?
Shouse Law Group is also accepting Philips sleep apnea device victims diagnosed with such non-cancer complications and side effects as:
- Acute kidney injury (AKI),
- Acute liver injury,
- Chronic asthma,
- Chronic bronchitis,
- Interstitial lung disease (ILD),
- Liver disease (acute liver injury only),
- Pulmonary fibrosis,
- Recurrent pneumonia (4 or more times in one year),
- Scarring of lungs, or
- Severe or chronic asthma.
But we are no longer accepting cases involving only acute inhalation injury or respiratory failure.3
4. What are my legal claims?
Users of recalled sleep apnea devices who developed cancer can sue Philips for:
- Making a defective product;
- Selling a product with manufacturing defects;
- Failing to warn consumers about the cancer risks;
- Consumer fraud / deceptive trade practices; and
- Fraudulent concealment.
5. Is this a class action?
No. But all the plaintiffs’ individual lawsuits are being consolidated into an MDL (multi-district litigation). As with a class action, MDLs expedite the litigation and settlement process. But unlike with class actions, MDLs allow for each plaintiff’s lawsuit to remain separate.
The name of the Philips CPAP MDL – which is out of the U.S. District Court, Western District of Pennsylvania – is In Re: Philips Recalled CPAP, BI-LEVEL PAP, and Mechanical Ventilator Products Liability Litigation (MDL # 3014). The case is being presided over by the Honorable Joy Flowers Conti. As of December 1, 2021, the MDL contained 127 cases – but tens of thousands more are expected to join.4
6. How large will the settlements be?
No amount of money can make up for a cancer diagnosis. Depending on the case, plaintiffs’ lawyers are pursuing six- or seven-figure payouts. Settlements are meant to reimburse plaintiffs for:
- Past and anticipated future medical bills, including surgeries, chemotherapy, and other treatments and medications;
- Lost wages from being too sick to have a job;
- Loss of future earnings from being too sick to have a job;
- Pain and suffering; and/or
- Other compensatory damages.
If the case cannot settle and goes to trial, then plaintiffs’ attorneys can also ask the court to award punitive damages. In practice, punitive damages are usually much bigger than compensatory damages. The reason for punitive damages would be to punish Philips for its harmful behavior and to deter the company from ever doing it again.
- Philips issues recall notification* to mitigate potential health risks related to the sound abatement foam component in certain sleep and respiratory care devices, Philips News Center (June 14, 2021). Philips Respironics Recalls Certain Continuous and Non-Continuous Ventilators, including CPAP and BiPAP, Due to Risk of Exposure to Debris and Chemical, FDA (“[class 1 is] the most serious type of recall. Use of these devices may cause serious injuries or death.”).
- Same. Joshua Brockman, Breathing Machine Recall Over Possible Cancer Risk Leaves Millions Scrambling for Substitutes, New York Times (August 17, 2021). Katie Gibson, Philips recalls ventilators and sleep apnea CPAP machines over cancer concerns, CBSNews (June 15, 2021).
- In re: Philips Recalled CPAP, Bi-Level PAP, and Ventilator Litigation, Motion for Transfer and Coordination or Consolidation under 28 USC 1407, Eastern District of Pennsylvania, MDL 3014. (Filed July 7, 2021).