The Recall and What Caused It
Millions of continuous positive airway pressure machines, bilevel devices and mechanical ventilators were recalled after the manufacturer disclosed that the polyester-based polyurethane foam used to reduce noise could degrade.
The concern was twofold: degraded foam particles could be inhaled directly, and the foam could off-gas volatile organic compounds. Because these devices are used nightly over years, the alleged exposure is chronic rather than incidental.
Design Defect and Disclosure Timing
The claims are product liability claims on design defect and failure-to-warn theories, with considerable focus on when the manufacturer knew that the foam degraded and how long elapsed before the recall was issued.
Alongside personal injury claims, there are economic loss claims from users who paid for devices that were recalled, and from those who incurred costs obtaining replacements. These run on a different track and do not require injury.
Cases Covered in This Section
This section tracks 2 active or resolved matters. Each has its own detailed page covering the allegations, who may qualify, and what the process involves.
- Philips CPAP Lawsuit Payout Per Person: What Determines an Individual Amount
- CPAP Cancer Lawsuit: Philips Respironics Recall & Claims Guide
Who May Have a Claim
Claims generally involve documented use of a recalled device model, established through the device serial number, prescription records or supplier history, together with a diagnosis plausibly connected to the exposure.
The conditions most often claimed include respiratory illness, reactive airway disease and certain cancers. Duration of nightly use is generally relevant to both eligibility and value, and registering the device in the recall process creates a useful record.
Settlement Programmes and Timing
The litigation was consolidated in multidistrict litigation and produced settlement programmes addressing personal injury and economic loss separately, with the economic loss component moving first.
Personal injury compensation is generally tiered by the seriousness of the diagnosis and the length of documented device use, so evidence establishing both is what determines where a claim falls.
Before You Act
Thinking About Filing a Claim?
Most plaintiff lawyers offer a free initial consultation and work on contingency, meaning no fee unless there is a recovery. LawsuitWatch is not a law firm: we publish explainers, and we do not provide legal advice, representation or referrals. Your state bar directory is the reliable place to find and verify a lawyer.
CPAP and Respiratory Device Lawsuits: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Which devices were recalled?
A large range of continuous positive airway pressure machines, bilevel devices and mechanical ventilators using the polyester-based polyurethane sound-abatement foam. The device serial number identifies whether a specific unit is covered.
What injuries are claimed?
Respiratory illness, reactive airway disease, chronic cough and certain cancers, along with symptoms attributed to inhaling degraded foam particles or off-gassed compounds. Claims are stronger where a diagnosis follows prolonged nightly use.
Can I claim if I was not injured?
Potentially, through the economic loss route rather than personal injury. That covers the cost of a recalled device and expenses incurred obtaining a replacement, and does not require any diagnosis.
How do I prove I used a recalled device?
The device serial number is the clearest evidence. Prescription records, durable medical equipment supplier records, insurance claims and recall registration all help establish which model was used and for how long.
Does registering for the recall affect my claim?
Registering does not waive a claim and creates a record of your device and use period, which is useful evidence. It is separate from filing a legal claim, and both can be done.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.