CPAP Lawsuits Consolidated into MDL: February 2023 Update

February 16, 2023 | By Riddle & Brantley Accident Injury Lawyers
CPAP Lawsuits Consolidated into MDL: February 2023 Update A wave of CPAP lawsuits filed following a recall of Philips Continuous Positive Airway Pressure (CPAP) and Bi-Level Positive Airway Pressure (BiPAP) machines have been consolidated into multi-district litigation (MDL). The sprawling MDL includes both class action lawsuits and personal injury cases, along with other government and personal claims. In June 2021, Philips issued a voluntary recall of nearly four million CPAP machines, BiPAP machines, and mechanical ventilators due to defective sound-dampening foam that may cause serious injury to users. Since the recall, the company has faced scrutiny for its handling of information surrounding the recall. An FDA report claims that the company had information about potentially life-threatening risks as early as 2011. IMPORTANT: If you used a Philips BiPAP machine, CPAP machine, or ventilator and have been diagnosed with a qualifying cancer or other health problem, you may qualify for a Philips CPAP lawsuit. For a FREE case review, call 1-800-525-7111 or fill out the form at the bottom of this page. IMPORTANT: Due to developments in the multi-district litigation, we can no longer accept kidney or liver cancer claims related to Philips CPAP machines. Other cancers and health problems may still qualify. Please call 1-800-525-7111 for a free case review. All consultations are entirely free, and you don’t pay unless we recover compensation for you. [su_button background="#13182E" color="#ffffff" size="10" wide="yes" center="yes" url="tel:1-800-525-7111" desc="1-800-525-7111"]Call us today for a free, no obligation consultation.[/su_button]

What is the Status of the CPAP MDL?

The CPAP MDL has been assigned to the Western District of Pennsylvania under Judge Joy Flowers Conti. As of February 2023, the MDL is still in its discovery phase, meaning plaintiffs and the defendant, Philips, are gathering evidence and testimony in preparation for trial. Though hundreds of lawsuits have been filed under the Philips MDL and tens of thousands of individuals are pursuing claims, CPAP bellwether trials have yet to be scheduled. This will be the next step in the process, but as of February 2023 it is unclear when discovery will wrap up and trials will begin.

Update: CPAP Claims Registry Established

In October 2022, Judge Conti created a census registry for CPAP claims. The registry will help the court gather information about claims being filed, and it will allow individuals to pause the statute of limitations on those claims. The court-approved registry replaces an earlier tolling agreement between plaintiffs and defendants that similarly paused the statute of limitations. The main difference between the two is that tolling agreements are private contracts between defendants and plaintiffs while census registries are created by the court.

Philips Reaches Federal Government Settlement

In a related development, in September 2022, Philips reached a settlement with the U.S. government, paying over $24 million for false claims and illegal kickbacks. The U.S Justice Department claimed Philips violated federal law by misleading federal health programs like Medicare, Medicaid, and TRICARE. Philips allegedly provided illegal payments and physician prescription data to medical equipment suppliers to assist marketing efforts. These allegations and settlement occurred outside of the CPAP MDL – that litigation will still proceed through its discovery and bellwether phases.

Why were Philips CPAP and BiPAP Machines Recalled?

How Do CPAP Machines Potentially Cause CancerPolyester-based polyurethane (PE-PUR) foam in Philips BiPAP machines, CPAP machines, and mechanical ventilators may emit toxic chemicals. If inhaled or ingested, these chemicals may lead to multiple types of cancer and other serious injuries. The FDA found that one particular brand of Philips CPAP emitted formaldehyde, a volatile carcinogen. The agency upgraded the recall to Class 1 in July 2021, the highest possible classification indicating threat of serious injury or death. IMPORTANT: Due to developments in the multi-district litigation, we can no longer accept kidney or liver cancer claims related to Philips CPAP machines. Other cancers and health problems may still qualify. Please call 1-800-525-7111 for a free case review. Cancers that may qualify for a lawsuit include:
  • Lung cancer
  • Kidney cancer
  • Liver cancer
  • Rectal cancer
  • Brain cancer
  • Stomach cancer
  • Nasal cancer
  • Throat cancer
  • Laryngeal cancer
  • Thyroid cancer
  • Papillary cancer
  • Various leukemias
  • Non-Hodgkin’s lymphoma
  • Multiple myeloma
Other injuries that may qualify for compensation include:
  • Severe eye, nose, throat, sinus, or oral cavity inflammation, nodules, cysts, or tumors
  • Respritory problems such as
    • Reactive airway disease (RAD)
    • Acute respiratory distress syndrome (ARDS)
    • Recurrent pneumonia
    • Asthma (new or worsening)
  • Lung damage or disease
  • Kidney damage or disease
  • Liver damage or disease
  • Heart problems
  • Respiratory failure leading to heart attack
[su_button background="#13182E" color="#ffffff" size="10" wide="yes" center="yes" url="tel:1-800-525-7111" desc="There are no upfront costs and no attorney fees unless we win your case."]1-800-525-7111[/su_button]

Do You Have a Philips CPAP Claim?

If you have been diagnosed with a form of cancer or other injury listed above and used a Philips CPAP, BiPAP, or ventilator machine included in the June 2021 recall, you may be entitled to compensation. Our team of defective medical device lawyers are ready to help. IMPORTANT: Due to developments in the multi-district litigation, we can no longer accept kidney or liver cancer claims related to Philips CPAP machines. Other cancers and health problems may still qualify. Please call 1-800-525-7111 for a free case review. Call 1-800-525-7111 for a FREE case review with one of our experienced CPAP lawsuit attorneys.