Consumers who used Philips Respironics CPAP, BiPAP or ventilator devices may qualify for a payout as part of a $479 million settlement stemming from claims that the foam used in these devices degraded and released harmful gases and particles into users’ airways.
Anyone who purchased, leased or rented one of the devices may receive compensation between $55 to $1,552 depending on the device and an additional $100 for each product they returned to Philips. The company says the final cost of the settlement may depend on how many consumers participate and other court fees. Payments would not begin until early 2024 at the earliest. The company says the settlement does not mean Philips was at fault or had any wrongdoing in the case.
Claims for the cost of personal injuries and medical expenses are not included in the settlement.
In 2021, Philips recalled about 10.8 million sleep apnea devices; it has replaced approximately 2.5 million so far. Since then, the Food and Drug Administration (FDA) said it received over 105,000 complaints stemming from the products, including 385 deaths.
Potential risks from exposure to the degraded foam include headache, irritation, inflammation, respiratory issues, and possible toxic and carcinogenic effects, the FDA said in a previous warning to consumers.
Although claims are not yet being accepted, eligible customers seeking compensation in the settlement case can eventually file them here. Anyone who would like updates on the case can sign up for email alerts here. A preliminary approval hearing is scheduled for Sept. 18.
The Philips devices cited in the case are:
- C-series S/T, AVAPS (C-series and C-series HT)
- DreamStation ASV
- DreamStation BiPAP
- DreamStation CPAP
- DreamStation Go
- DreamStation ST, AVAPS
- OmniLab Advanced Plus
- System One 50 Series ASV4 (Auto SV4)
- System One 50 Series Base
- System One 50 Series BiPAP
- System One 60 Series ASV4 (Auto SV4)
- System One 60 Series Base
- System One 60 Series BiPAP
- Trilogy 100/200, Garbin Plus, Aeris LiveVent
- V30 auto