Millions of Americans rely on CPAP machines to treat sleep apnea, a condition that disrupts breathing during sleep. In 2021, Philips Respironics, a major manufacturer of CPAP machines, issued a massive recall due to concerns about the soundproofing foam inside the devices.
This foam may degrade and release harmful particles that users could inhale. Since the recall, several lawsuits have emerged against Philips, seeking compensation for health problems potentially linked to the machines.
We’ve compiled this guide to provide updates about the CPAP lawsuit, outlining the latest developments that could impact plaintiffs involved in this ongoing litigation.
Recent Settlement Developments
While significant progress has been made in the CPAP lawsuit, it’s essential to understand the different types of settlements involved. In May 2023, Philips offered an initial settlement to address economic losses. This meant reimbursing people for the cost of their recalled machines, not compensating for any health problems.
Fast-forward to April 2024, when Philips agreed to a much larger settlement of $1.1 billion. This is a positive development, but it’s crucial to know that the bulk of this money ($1.075 billion) is earmarked for people with severe health issues allegedly caused by CPAP machines.
The remaining $25 million will be used to monitor the medical condition of those using the machines and detect potential health problems.
While the exact payout range for individual plaintiffs in the personal injury track is still being determined, this billion-dollar settlement signifies a significant step toward resolving claims related to severe health complications.
Progress of Personal Injury and Wrongful Death Claims
The CPAP lawsuit landscape involves two main tracks: economic loss and personal injury/wrongful death. The recent settlements we discussed addressed economic losses like machine replacements.
However, the bigger picture involves claims for health problems allegedly caused by the machines. This falls under the personal injury and wrongful death track. As of May 2024, an estimated 787 cases are waiting to be heard related to personal injury and wrongful death claims from the CPAP recall.
These lawsuits are complex and require careful evaluation of individual circumstances. While a firm timeline is difficult to predict, courts will likely start addressing these claims in earnest throughout 2024 and beyond.
One concerning aspect of these claims is the potential link between CPAP machines and certain cancers. These lawsuits allege that the degraded foam particles from the CPAP machines caused severe health problems, including various types of cancer.
Recent lawsuits have linked the machines to cancers like tongue, lung, and even brain cancer, highlighting the potential severity of the health risks involved.
Bellwether Trial Update
A bellwether trial is a test case in mass tort litigation involving many similar cases. This early trial sets a precedent and helps predict how juries might rule in future cases with similar facts.
The plaintiffs and Philips disagree about when to hold the first bellwether trial in the CPAP lawsuit. The plaintiffs argue for a mid-2024 trial to expedite the process for those with health concerns.
On the other hand, Philips contends they need more time for discovery, pushing for a late 2025 or even 2026 trial date. The judge will ultimately decide the timing, but this debate highlights the importance of these early trials in shaping the overall direction of the CPAP litigation.
Current Status of the Lawsuit
There are currently 787 pending cases in the multidistrict litigation (MDL) specifically focused on injury claims related to the Philips CPAP recall (as of May 2024). These cases allege the machines caused health problems like cancer.
If the recently proposed settlement is not approved, bellwether trials for these claims could begin in 2025. Senior U.S. District Judge Joy Flowers Conti presides over all federal CPAP lawsuits against Philips. Notably, the $479 million settlement offered by Philips in September 2023 addressed economic loss claims, not personal injury.
Evidence Preservation Efforts
Keeping your recalled CPAP machine can be critical evidence in your case. These devices can be analyzed to determine the extent of foam degradation and potential particle release.
Recognizing this importance, the plaintiffs’ and defendants’ lawyers recently collaborated to establish a Preservation Order. This order aims to streamline the process of managing and storing recalled CPAP machines as evidence, ensuring their integrity for future evaluation.
Additional Resources for Plaintiffs
If you’re a plaintiff in the CPAP lawsuit and have questions about your case, resources are available to help you navigate the legal process. Consider consulting an attorney experienced in mass tort litigation for personalized guidance.
