CPAP Lawsuit Settlement Amounts

Philips has agreed to a $1.1 billion settlement to resolve personal injury claims related to its recalled CPAP, BiPAP, and ventilator devices. The recall was initiated due to the degradation of sound-abatement foam, which could release harmful particles and gases into the device’s airflow, potentially leading to serious health issues such as respiratory problems and certain cancers.

The settlement process is structured to compensate affected individuals based on the severity of their injuries and the extent of their exposure to the defective devices. Payouts are expected to commence in 2025, with initial payments ranging from $7,500 to $10,000 for less severe cases. More severe cases, such as those involving lung cancer or significant pulmonary conditions, may receive higher compensation, potentially exceeding $100,000, depending on individual circumstances and documentation provided.

In addition to the personal injury settlement, Philips has also agreed to a separate $479 million class-action settlement to address economic losses suffered by users of the recalled devices. This includes compensation for the cost of purchasing or leasing the defective machines and related expenses.

Eligible claimants must have submitted their claims by the established deadlines and provided necessary documentation to support their cases. The settlement administrator is currently reviewing claims, and payments are anticipated to be distributed throughout 2025.

For those affected by the recall and are in this settlement, you want to stay informed about the settlement process and ensure all required information has been submitted to facilitate timely compensation.

CPAP Settlement Updates

July 19, 2025: The first trickle of CPAP settlement checks are making their way to victims.

July 11, 2025:  Most of the first cases to settle will be the smallest, with settlements mostly either $7,500 or $10,000. Many of those victims should see checks soon.

July 3, 2025: The EIF, designed to provide additional compensation for claimants with severe injuries not adequately covered by the standard settlement, has commenced its application process. Claimants have until August 1, 2025, to submit their applications. Once a determination is made, claimants have 30 days to accept the decision or request reconsideration.

May 15, 2025: Claimants or their counsel have 30 days from the notice of an Extraordinary Injury Fund Determination to either accept the decision or request reconsideration. The Allocation Special Master will review reconsideration requests and issue a final, binding Post-Reconsideration Notice.

March 4, 2025:  Philips is facing yet another serious issue with its medical devices, as federal health officials have issued an alert regarding patient safety risks associated with its Allura and Azurion x-ray table systems. The FDA’s February 28 warning comes after multiple reports of patient falls and injuries caused by mattress instability on these operating room tables.

The recall, classified as the FDA’s most serious type, warns that slipping mattresses, improper patient positioning, and the use of incorrect mattresses can result in life-threatening injuries, including lacerations, hemorrhages, and even death. Despite Philips’ attempts to address the issue with an Urgent Medical Device Correction letter, at least five patient injuries have already been reported.

This recall is just the latest in a series of problems for Philips, which has struggled with repeated safety concerns across its medical device portfolio. From its massive CPAP machine recall over toxic foam exposure to ongoing ventilator malfunctions, the company has faced scrutiny for failing to ensure patient safety. Now, with a long list of affected Allura and Azurion models, healthcare providers are being urged to follow new safety guidelines, including proper mattress use and patient positioning. Philips has requested that customers return response forms acknowledging the updated instructions. Still, given its track record, many are left questioning whether the company can truly get ahead of its recurring quality control failures.

February 10, 2025:  There is no question that CPAP settlements will not be as high as people had originally hoped.  Why are the settlements for some pretty serious injuries as low as they are?

The CPAP settlements are relatively low due to a combination of legal and medical factors that weakened plaintiffs’ cases. First, proving causation—that Philips’ defective CPAP machines directly caused serious health issues—was a significant hurdle. While the foam degradation in the machines released harmful chemicals, linking exposure to specific illnesses like cancer or lung disease required strong scientific evidence, which was really hard. Plaintiffs’ lawyers feared that a key scientific reliability hearing was coming up, and that they could not prove their case.

A lot of people are angry about this, and it’s hard to blame them. The Philips CPAP recall affected hundreds of thousands of people who relied on these devices for something as fundamental as breathing safely at night. Many users were later diagnosed with serious health conditions, including respiratory issues, lung damage, and even cancer, and understandably felt betrayed by a product that was supposed to improve their health, not put them at risk. The sheer volume of complaints and the devastating nature of the alleged injuries led many to believe this litigation would be straightforward—one in which the science and liability were clear-cut, making settlements or trial victories inevitable. But as the litigation progressed, it became evident that proving these cases was far more challenging than many had expected.

The biggest hurdle in the CPAP lawsuits has been proving causation. Unlike other product liability cases where exposure to a toxic substance has a well-established link to certain diseases, CPAP plaintiffs must prove that the degradation of the sound abatement foam specifically caused their illness. Many of the conditions alleged—such as lung disease and cancer—can be caused by a range of environmental and genetic factors, allowing the defense to argue that the plaintiffs’ injuries were unrelated to the CPAP machines. Additionally, there has been significant debate over the extent to which the degraded foam released harmful chemicals and at what levels. While Philips has acknowledged the breakdown of the foam and its potential risks, they have not conceded that it directly caused the injuries being claimed in litigation. This has left plaintiffs in a difficult position, facing an uphill battle in proving that their conditions were not only linked to the CPAP machines but that they would not have developed them otherwise. It is the unfortunate reality of this litigation—despite the strong emotions and the undeniable suffering of so many victims, the burden of proof remains a steep challenge.

Keep in mind, we did not negotiate these settlements.  But good lawyers did, and they made the choice, right or wrong, they thought it was best for the plaintiffs.

February 6, 2025: Even though a settlement has been reached in the CPAP litigation, the process of distributing checks is still a lengthy one. This is not a CPAP settlement problem.  It is a mass tort settlement problem.

Settlement funds must go through multiple stages before reaching claimants, including court approvals, administrative processing, and individual claim evaluations. Each claimant’s medical records and exposure history need to be reviewed to determine compensation amounts, which can be a time-consuming process, especially in large mass tort settlements. Additionally, liens from health insurers or government programs like Medicare may need to be resolved before payments can be issued. While victims are understandably eager to receive their CPAP settlement checks, the reality is that even after a settlement is finalized, administrative hurdles and legal procedures will delay payouts for months.

January 20, 2025:  Philips Respironics has agreed to a $1.1 billion settlement to resolve personal injury claims related to its recalled CPAP, BiPAP, and ventilator devices. This settlement includes $1.075 billion allocated for individuals who suffered injuries or death allegedly caused by the defective devices, and an additional $25 million designated for medical monitoring of users who may develop complications in the future.

The distribution of these funds is scheduled to commence in 2025, and victims should get their CPAP settlement checks.  Are we 100% sure this will happen?  No. Because this stuff is like construction—it always goes slower than expected. But there is talk that claimants who have registered and submitted valid claims can anticipate receiving their settlement payouts in 2025.

Keep in mind that this settlement is separate from the earlier $479 million class-action settlement, which addressed economic losses related to the purchase or rental of the recalled devices. The current $1.1 billion settlement specifically pertains to personal injury claims, including those alleging cancer, respiratory issues, and other health complications resulting from the use of Philips’ recalled machines.

January 15, 2025: Which diseases were compensated in the CPAP personal injury litigation?

Respiratory Conditions

Severe and Life-Threatening:

1. Acute respiratory distress syndrome (ARDS)
2. Bronchiolitis obliterans (BO)
3. Pulmonary fibrosis
4. Interstitial lung disease
5. Pneumonitis

Chronic and Progressive:

6. Chronic obstructive pulmonary disease (COPD) (new or worsening)
7. Emphysema
8. Chronic bronchitis
9. Bronchiectasis
10. Sarcoidosis
11. Reactive airways dysfunction syndrome (RADS)

Moderate to Manageable:

12. Asthma (new or worsening)
13. Lung obstruction

Cancer and Blood Disorders

Life-Threatening Cancers:

1. Lung cancer
2. Acute myeloid leukemia (AML)
3. Chronic myeloid leukemia (CML)
4. Esophageal cancer

Rare but Aggressive Cancers:

5. Nasopharynx cancer
6. Hypopharynx cancer
7. Larynx cancer

Localized and Treatable Cancers:

8. Oral cavity cancer
9. Oropharynx cancer
10. Nasal cavity/sinus cancer
11. Salivary cancer
12. Thyroid cancer

What Is a CPAP Machine?

Continuous Positive Airway Pressure (CPAP) machines are commonly used devices for treating sleep apnea,  a sleeping disorder in which breathing is temporarily disturbed during sleep, which can lead to symptoms such as fatigue, daytime sleepiness, interrupted sleep, and snoring. Sleep apnea can lead to hypertension, heart attack, or stroke in severe cases.

CPAP therapy is a standard treatment for sleep apnea. It involves using a machine that delivers airflow through a mask over the nose or mouth to increase air pressure in the throat, preventing the airway from collapsing during inhalation.

Other therapies for sleep apnea include BiPAP therapy and Automatic Positive Airway Pressure (APAP). BiPAP machines provide two pressure settings, one for inhalation and one for exhalation. Patients who use CPAP or BiPAP machines typically use them daily when they sleep. Discontinuing therapy can cause symptoms to quickly return.

Phillips makes both CPAP and BiPAP machines.

Problems with CPAPs

In recent years, CPAP machine users have raised concerns over health problems caused by mold, bacteria, and other harmful substances present in the machines. The accumulation of these substances has been linked to respiratory infections, sinusitis, and other health problems. As a result, several lawsuits have been filed against manufacturers claiming that they failed to warn consumers of the potential health risks associated with using CPAP machines.

One of the most prominent CPAP machine manufacturers that have faced numerous lawsuits is Philips Respironics. The company has been accused of selling CPAP machines that contain mold and bacteria and failing to warn consumers of the potential health risks associated with using the machines. CPAP lawsuits allege Philips CPAP machines are defective and unsafe due to this faulty foam material that can emit harmful gases.

ResMed Has Had Its Own Problems

Another prominent CPAP machine manufacturer, ResMed, has also faced multiple lawsuits, none of which our law firm is handling. The company has been accused of selling CPAP machines with defective parts, leading to leaks and decreased effectiveness. Some users have reported experiencing discomfort and headaches due to the leaks, which have been linked to the use of the machines. The lawsuits have claimed that ResMed failed to adequately design and test the machines, producing defective products.

In addition to mold and bacteria-related issues, CPAP machine users have also raised concerns over the potential fire hazards associated with using the machines. Several lawsuits have been filed against manufacturers claiming that the machines have caused fires, leading to property damage and personal injury. The lawsuits have claimed that the manufacturers failed to adequately warn consumers of the potential fire hazards associated with the use of the machines and failed to adequately design

Philips CPAP Recall

On April 13, 2021, Philips announced the launch of the DreamStation 2, the next-generation machine in its DreamStation product family. However, less than two weeks later, on April 26, 2021, Philips announced a recall of certain sleep and respiratory care devices due to user risks related to the sound abatement foam used.

Some people did not find this to be a coincidence.  People have suggested – in fact, lawsuits have suggested – Philips intentionally timed the recall to coincide with the launch of their new product, the DreamStation 2, to profit from the recall. Patients who need breathing machines to manage their medical conditions are left with no free or safe options and are forced to purchase the next-generation product at full price.

The foam may degrade under certain circumstances, such as the use of unapproved cleaning

The Problem that Caused the CPAP Recall

ng methods or exposure to high humidity and temperature. Most affected devices are in the first-generation DreamStation product family, and Philips’s recently launched next-generation CPAP platform, DreamStation 2, is unaffected.

Philips issued the recall after discovering that the PE-PUR sound abatement foam used in the machines was deteriorating over time and causing users to inhale tiny foam particles.

This was cause for significant concern because the PE-PUR foam contained several chemical components known to be toxic and carcinogenic. The potential danger of inhaling these foam particles could be airway inflammation, kidney, liver, other organ damage, and lung or respiratory tract cancer.

Philips was apparently aware of the problems and potential dangers with the PE-PUR foam particles long before issuing the recall earlier this year. In fact, it appears that Philips deliberately held off on issuing the recall until they had a new generation of CPAP machines ready to replace the recalled devices.

Within weeks after the recall announcement from Philips, the first wave of CPAP product liability lawsuits started getting filed across the country. Plaintiffs in these CPAP lawsuits are individuals who used one of the recalled Philips devices for sleep apnea (or other conditions) for a prolonged period and were subsequently diagnosed with adverse health conditions that may be linked to inhaling PE-PUR foam particles. Health conditions that may be caused by inhalation of the toxic foam particles include:

• Pulmonary fibrosis and similar types of acute conditions affecting the respiratory system.
• Cancer, particularly lung, liver, or kidney cancer.
• Damage to the lungs, liver, or kidneys.

CPAP Lawsuits Will Probably End in a “Global Settlement”

We are in the very earliest stages of the CPAP class action lawsuit. But these cases will most likely follow a similar path as other mass tort medical device lawsuits. The thousands of CPAP product liability cases currently pending in federal courts nationwide will eventually be consolidated into a “class action” MDL (Multidistrict Litigation).

Once this happens, there will be a consolidated discovery process in the cases that usually takes 18-24 months to unfold. The focus during this consolidated discovery is typically on the scientific evidence linking inhalation of the PE-PUR foam to certain cancers and other health conditions alleged by the plaintiffs. In the CPAP litigation, there will also be some level of focus on the mechanics of the alleged defect in the machines (i.e., when does the PE-PUR foam release particles, for how long, how many particles, etc.).

When the consolidated discovery phase is completed, a number of individual CPAP cases will be selected for “bellwether trials.” Actual jury trials will be held in these cases, and the results will be used to help negotiate the settlement of all the remaining cases. If the bellwether trials result in significant verdicts for the plaintiffs, Philips may have no choice but to pay a large sum to resolve the remaining claims and avoid further losses. This is referred to as a global or aggregate settlement.

Philips CPAP Lawsuit Settlement Aftermath