CPAP Maker Reaches $479 Million Settlement Over Breathing Device Defects

The manufacturer, Philips Respironics, said it would compensate users of CPAP machines and other defective devices that were recalled after blowing pieces of foam in consumers' mouths and lungs. company that released gases and foam particles into consumers' airways and led to recalls involving millions of devices, attorneys for the plaintiffs in the lawsuit announced Thursday.

As a segment of the devices' ongoing class action lawsuits, the agreement covers only monetary reimbursements to users of the devices and to sellers who may have financed consumer replacements, according to attorneys. The amount of economic claims is not capped, which will allow other device users to seek compensation.

This interim settlement, which is subject to approval of the Federal Court, does not address other important issues. claims in plaintiffs' cases involving personal injuries or the cost of medical care related to the use of respirators. Philips did not admit wrongdoing or liability under the proposed deal.

The company faced a years-long setback, after having started recalling about five million of its products in the United States. breathing devices, intended for people suffering from sleep apnea and other illnesses. The lawsuits claimed that flaking foam and gases emitted by the machines were linked to health problems, including respiratory illnesses, lung cancer and death. Foam was used in machines to reduce noise and vibration.

In June 2021, the Food and Drug Administration announced a recall of Philips machines that also included BiPAP devices and ventilators. since 2009, warning that deterioration of foam in products could cause “serious injury” to users. Philips initially issued a note to doctors saying that foam degradation posed risks of "toxic carcinogenic effects," but the company has since issued updates indicating a much lower level of concern.

“We are confident in these allegations and look forward to holding Philips accountable for the physical harm they caused to patients,” the plaintiffs’ attorneys said in a statement.

Millions of people suffer from sleep apnea, a condition associated with interrupted breathing that carries a number of risks, including strokes, seizures The wave of recalls in recent years have frustrated doctors and device users , who were wondering whether they should continue using the machines and face potential health risks, or whether they should forgo treatment altogether. Rival companies have struggled to fill orders from those seeking replacements, leaving many consumers without an option.

The deal announced Thursday would provide compensation ranging from 'around $50 to $1,500. to each consumer, in addition to $100 for each device returned to Philips. The company said it has replaced and delivered nearly 2.5 million devices to U.S. consumers and suppliers.

"Patient safety and quality are our primary priorities, and we want patients to feel confident when using their Philips Respironics devices," the company said in a statement.