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CPAP Litigation


A major manufacturer of these CPAP machines, Philips NV, based in Amsterdam, Netherlands and Delaware, recalled some of its BiPAP and CPAP machines due to health risks associated with a polyester-based polyurethane foam insulation used to reduce noise and vibration in 2021. The foam could degrade, become logged inside the body and could lead to illnesses like various forms of cancer.

Were You Affected?

In April of 2022, the FDA indicated there have been more than 20,000 Medical Device Complaints and 124 deaths allegedly connected to the recalled devices reported over between 2021 and 2022.

If you or a loved one used a Philips CPAP or BiPAP device and now has cancer, you may be able to sign up for the Philips CPAP recall lawsuit.
Philips CPAP Recall Lawsuit
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The Recall

The recall affected more than 15 million devices. The U.S. Food and Drug Administration classified this recall as a Class I, which is the most serious and indicates the recalled devices could cause serious injury or death. If you are curious about which machines were recalled, Lists by device type and model name and number are available here.

This CPAP machine recall led to a flood of lawsuits from users seeking compensation for injuries sustained from their use of the devices and the chemicals they ingested. The lawsuit alleges Philips knew of problems long before it initiated the recall, needlessly exposing users to injury.

There is currently a product liability CPAP lawsuit filed on behalf of victims in every state across the country. The individual cases were consolidated into multi-district litigation representing all plaintiffs. It was filed in September 2021 and is being heard in a federal court in Pennsylvania. 

What is a CPAP machine?

According to the National Institutes of Health (NIH), a CPAP (continuous positive airway pressure) is a machine that uses mild air pressure to keep breathing airways open while you sleep. A healthcare provider may prescribe CPAP to treat sleep-related breathing disorders including sleep apnea which, according to Wolters Kluwer is prevalent in approximately 15% to 30% in males and 10% to 15% in females in North America. This machine, and its ‘brother’ BiPAP, are used nightly by patients who depend on them for proper breathing during sleep.

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