Philips CPAC users can now file for piece of proposed $479 million settlement

People who have bought, leased or rented certain Philips Respironics sleep apnea machines can now file a claim for restitution.

The Dutch medical equipment maker recently agreed to pay at least $479 million to compensate users of 20 different breathing devices and ventilators sold in the United States between 2008 and 2021.

Initially recalled two-and-a-half years ago, the Food and Drug Administration has since received 105,000 complaints — including 385 reported deaths — tied to leaking foam in the continuous positive airway pressure (CPAC) machines. Philips attempted to fix some of the more than 5 million recalled machines, but the repaired ones were also recalled, the FDA said a year ago.

Dozens of sleep apnea patients filed suits against Philips over the machines. Their lawsuits were consolidated into one class action and a proposed settlement was reached in September.

Claims for financial losses related to the purchase, lease or rent of the recalled devices can now be lodged, with eligible users entitled to:

• a Device Payment Award for each recalled device purchased, leased or rented;
• a Device Return Award of $100 for each recalled device returned by Aug. 9, 2024; and/or
• a Device Replacement Award for money spent to buy a comparable machine on or after June 14, 2021 and before Sept. 7, 2023 to replace a recalled device.

Those that return recalled Philips machines by the deadline are entitled to both the return and payment awards without having to submit a claim form and with prepaid shipping labels available at no cost. 

The settlement does not impact or release any claims for personal injuries or medical monitoring relief, according to the administrator with the U.S. District Court for the Western District of Pennsylvania. 

Roughly 30 million people have sleep apnea, a disorder in which one’s airways become blocked during rest, interrupting breathing, according to 2022 data from the American Medical Association. 

Philips on October 6 said was working to ensure that patients receive remediated devices amid ongoing testing and research. “Based on the results to date, Philips Respironics concluded that use of its sleep therapy devices are not expected to result in appreciable harm to health in patients,” the company stated.

Philips did not immediately respond to a request for further comment.