Explained: Philips Respironics CPAP and BiPAP sleep therapy devices and ventilators liability claims in the US
You may have heard about the 2021 voluntary Philips Respironics recall notification* related to certain CPAP and BiPAP sleep therapy devices and ventilators, and you may have questions about related litigation . Because of our commitment to transparency, we want you to have the correct information about the legal process.
First, patient safety and quality are Philips’ highest priority across the company. We acknowledge and apologize for the distress and concern caused by 2021 voluntary Philips Respironics recall*. We have been focused on resolving this situation for our patients and our customers. Following the recall notification, lawsuits were filed against Philips Respironics and some of Philips’ other affiliates. Those complaints generally reference economic loss, personal injury, or the potential for personal injury.
What is happening with CPAP lawsuits and related litigation in the US?
In the US, consumer and commercial class action lawsuits have been filed alleging economic loss and medical monitoring claims. Individual personal injury lawsuits have also been filed. In October 2021, a Multi-District Litigation in the US District Court for the Western District of Pennsylvania was formed, and most of these class action and personal injury lawsuits have been consolidated in the Multi-District Litigation for pre-trial proceedings.
Economic loss
In 2021, plaintiffs filed a consolidated economic loss class action complaint on behalf of device users, hospitals, and insurers and other third-party payers. In September 2023, Philips announced an agreement to resolve US class action litigation related to economic loss. As part of that resolution, Philips and its subsidiaries agreed to compensate all eligible participants in the litigation in the US. The final approval hearing regarding this agreement is scheduled for April 2024. This settlement does not include or constitute any admission of liability, wrongdoing, or fault by Philips.
Personal injury and medical monitoring
As of December 31, 2023, plaintiffs had filed a consolidated medical monitoring class action complaint on behalf of device users, and numerous personal injury complaints. We are working through the legal process to assess those issues. *This is a voluntary recall notification in the US and a voluntary field safety notice in other countries
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