Individuals who purchased, leased, or rented specific Philips Respironics sleep apnea machines now have the opportunity to file claims for restitution.
Philips, the Dutch medical equipment manufacturer, recently agreed to a compensation settlement of at least $479 million for users affected by 20 different breathing devices and ventilators sold in the United States from 2008 to 2021.
The issue arose two-and-a-half years ago when these devices were initially recalled, with the Food and Drug Administration (FDA) subsequently receiving 105,000 complaints, including 385 reported deaths, linked to leaking foam in the continuous positive airway pressure (CPAP) machines. Although Philips attempted to address the problem by fixing more than 5 million recalled machines, the repaired ones were also subject to a recall, as announced by the FDA a year ago.
Numerous sleep apnea patients filed lawsuits against Philips, leading to the consolidation of these cases into a class action. In September, a proposed settlement was reached, with Philips agreeing to pay $479 million to compensate affected users. Attorneys for the plaintiffs emphasized that the settlement provides substantial financial compensation for the millions of Americans who purchased defective Philips devices, encouraging affected users to file claims as part of the settlement.
Eligible users can file claims for financial losses related to the purchase, lease, or rent of the recalled devices. The compensation options include a Device Payment Award for each recalled device, a Device Return Award of $100 for each recalled device returned by August 9, 2024, and a Device Replacement Award for money spent on purchasing a comparable machine between June 14, 2021, and September 7, 2023, to replace a recalled device.
To determine eligibility and receive payment instructions, the settlement administrator has established an interactive website. Users can check their recalled device's serial number to determine the entitled device payment award. Those returning recalled Philips machines by the August deadline are entitled to both the return and payment awards without submitting a claim form, using prepaid shipping labels provided at no cost. Users who independently purchased a replacement CPAP or ventilator to substitute a recalled device must complete a device replacement claim form.
The deadline for submitting claims is August 9, 2024. The settlement, administered by the U.S. District Court for the Western District of Pennsylvania, does not affect or release any claims for personal injuries or medical monitoring relief.
According to 2022 data from the American Medical Association, approximately 30 million people suffer from sleep apnea, a condition where airways become blocked during rest, disrupting breathing.
As of October 6, Philips is actively working to ensure patients receive remediated devices amid ongoing testing and research. The company stated that based on current results, the use of its sleep therapy devices is not expected to cause appreciable harm to patients' health. Philips has not yet responded to requests for further comment.
