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Philips Respironics issued a safety recall on June 14, 2021, for their CPAP, BiPAP, and mechanical ventilators that use PE-PUR, a type of polyurethane foam that contains volatile organic compounds (VOC) that are toxic and carcinogenic. It is estimated that 3 to 4 million devices were recalled. Philips issued the recall because the foam within the CPAP and BiPAP devices can degrade or outgas, causing users to ingest or inhale toxic particles or chemicals and develop serious and potentially life-threatening injuries.

Those who used the machines for six months or longer and who developed a new related diagnosis may be entitled to compensation. Several individuals have filed product liability lawsuits stating they have been egregiously affected by toxic exposure and have developed conditions such as pulmonary fibrosis and cancer.

Philips sent out a press release on September 1, 2021, stating that they received FDA approval to repair the recalled devices. Prior to this date, they did not offer a repair option. The press release also said that they would replace the defective devices but that the repair or replacement could take up to a year to complete. In the meantime, people may have to find an alternative CPAP or BiPAP option, which can be costly.

Is there a multidistrict litigation for Philips CPAP cases?

On September 30, 2021, the U.S. Judicial Panel on Multidistrict Litigation (JPML) heard arguments for consolidating 32 lawsuits in multidistrict litigation (MDL) in Eastern Pennsylvania. This is similar to a class action lawsuit, but instead of all cases being tried under one case, they are tried separately. If an MDL is deemed appropriate, then the pre-trial proceedings will be consolidated to one court. This move would help promote consistency amongst the individual cases. Philips did not oppose an MDL consolidation, and a ruling on which court will house the cases is expected soon.

How much will the settlement(s) be for the victims?

Since the cases are just reaching the court system, final dollar amounts on settlements are purely speculation. Another factor that will affect settlement sizes are the varying degrees of injury and illness among the plaintiffs. Individuals with the most serious injuries should, at a minimum, receive payments ranging from $100,000 to $500,000. However, this number stands to be much larger if liability is established. Plaintiffs stand to be compensated for current and future medical costs related to their injuries as well as pain and suffering, lost wages, and other losses caused by the injury.

Smart settlement planning

The best settlement planning begins early in the litigation process. With many options to choose from to best suit the individual, working with a settlement planning company like Milestone early on can ease the transition to settlement, providing plaintiffs and trial lawyers much-needed peace of mind as litigation continues. To chat with an experienced member of our team about options for MDL plaintiffs and attorneys, give Milestone a call at 716-883-1833.

One Comment

  1. Gravatar for Stephen Clark
    Stephen Clark

    Just curious. Started using they’re bad CPAP in 2014. On Feb 14th 2016 I was diagnosed with stage 4 Cyrene case advanced cirrhosis lasted until 08/11/2020

    Received a liver transplant.Success did great I’m proud to say the doctors have named me the best case in many years so well I’m a miracle. Then in Sept I started while on my CPAP machine and their by pap. Coughing up huge amounts of blood. I drowned in it. The intabated me and coma for a week. Without oxygen for almost 5 minutes. Lost memory of a 40 years career, lost memory of my childhood. Don’t know who my wife is at times. It gets worse.

    How do we prove it though? My question. Docs said maybe lupus fatty tissue then alpha one trytipsin to who knows. Now this.

    After looking at the poisons in the foam omg! Well it exaplain inhaled black chunks of foam in the night. I will never have a memory again nor will I be able to work. I can’t leave and go to town because I don’t remember where I live.

    Would like to talk to an attorney before I get my hopes up. But lord if Phillips did this I want blood. Steve Clark

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