CPAP/BiPAP Lawsuits
Thousands of plaintiffs have joined the CPAP Multi-District Litigation. The lawsuits are primarily taking place in a Pennsylvania federal court.
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More CPAP cases are being added each month. The total number of cases is nearly 800 in total. Around 15 new cases are filed each month, which is less than this past summer.
A number of important deadlines have been established by the court in the CPAP class action lawsuit. One of the more important deadlines is that the settlement mediator must report the status of the mediations to the Court on February 16, 2024. Another important date to remember is the Conclusion of general causation fact discovery on April 30, 2024. There is a potential Daubert motions hearing on March 20, 2025, for general causation. This hearing may also take place on April 20, 2025, depending on the Court’s schedule.
Philips announced even more recalls. This recall included the V60 and V60 Plus Ventilators they produce. The FDA stated that these two products do not meet the minimum standards and should be pulled from the shelves. The offending parts include the Power Management Printed Circuit Board Assemblies. This is yet another setback for Philips.
In the CPAP class action settlement, Philips will pay at least $479 million. Compensation, between $56 to $1,552, plus an extra $100 for returned devices, is for individuals and insurers affected by the recall. The settlement awaits final approval on April 11, 2024, with plaintiffs' lawyers seeking $95 million for fees and costs. This is separate from ongoing personal injury and wrongful death suits related to CPAP machines.
Koninklijke Philips will pay at least $479 million to settle part of the litigation from its 2021 recall of sleep apnea machines. This settlement does not affect the injury and wrongful death cases our firm is handling. Philips CEO anticipates resolving these cases next year, following the settlement of economic loss claims this year. Analysts predict Philips could face up to $4.5 billion in settlements for personal injury lawsuits linked to the recalled devices.
Stay up-to-date on the latest class action news, settlement amounts and what you could qualify for.
Anyone filing a CPAP lawsuit must meet certain requirements in order to file against Philips. Here are the qualifications:
Most of the lawsuits filed allege that plaintiffs developed certain types of cancers or respiratory illnesses. The cancers that allow plaintiffs to qualify for the lawsuit include oral, lung, oropharynx, nasal cavity or sinus, salivary, larynx, or hypopharynx cancers. They must be diagnosed with one of the cancers from this list to qualify for the lawsuit.
The respiratory illnesses that plaintiffs can use to qualify include pneumonitis, asthma, sarcoidosis, pulmonary fibrosis, or chronic obstructive pulmonary disease (COPD). Potential plaintiffs must have used a listed Philips product and developed one of the cancers or respiratory injuries mentioned above to qualify for the CPAP lawsuit.
Philips, a leading producer of sleep apnea equipment, issued a safety recall for approximately 3.5 million existing CPAP and BiPAP devices. Here's a list of the recalled models:
In the wake of the Philips CPAP recall, hundreds of lawsuits have been filed alleging injuries and financial loses attributable to CPAP machines. To manage the complexities of hundreds of lawsuits, courts have consolidated most cases into a single, central action known as multi-district litigation (MDL) in Pennsylvania. This “MDL” acts as a one-stop shop for legal proceedings and allows hundreds of Plaintiffs to streamline discovery, and prevents repetitive efforts.
Within the MDL, there are multiple proposed class action claims. These group together plaintiffs who have similar claims, usually focused on economic damages like replacement costs for medical devices or medical expenses. If a court certifies a class action, one trial can represent the entire group, which saves time and resources for Plaintiffs, the Defendant, and the Court. However, each proposed class action must meet specific legal requirements in order to be certified.
So, an MDL is an overarching umbrella, streamlining hundreds of cases related to the Philips CPAP recall, while the class actions within the MDL allow for efficient resolution of similar claims among groups of similar plaintiffs. This approach aims to resolve the open legal issues fairly and quickly.
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