Product Liability
Philips CPAP Device
The claims filing period for the Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator economic loss class action settlement is now officially open. Claimants including patients and medical providers who purchased, rented, or leased recalled devices, as well as payers who provided reimbursements for those payments are eligible to receive compensation during the claims filing Period, which runs from December 11, 2023, through August 9, 2024.
• Settled
December 15, 2023 – Update
An uncapped settlement announced December 11, 2023 is prefunded with $479 million and is designed to address economic loss claims arising from Philips’ recall of 10.8 million breathing assistance machines sold in the United States from 2008-2021. Claims for medical monitoring and personal injury are expressly excluded under the terms of the settlement and those claims continue to be litigated.
Under the terms of the settlement, individual compensation varies based on the specific device(s) purchased, with payment awards ranging from $55 to $1,552 per recalled device. Additionally, users and payers will receive a $100 reward for each returned recalled device to Philips. Device replacement awards are available to cover the cost of new machines purchased out of pocket before the settlement. All users are eligible to receive extended warranties from Philips on re-manufactured devices provided through the recall.
Class members who registered for the recall before September 7 and returned their devices to Philips or their durable medical equipment (DME) providers are entitled to automatic payments of settlement benefits and will not need to file a claim. To check eligibility and obtain instructions on the necessary steps to receive a payment, please visit the official settlement website: https://www.respironicscpap-elsettlement.com/.
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