Philips Respironics manufactures certain ventilators, CPAP, and BiPAP machines. Recently, a $1.1 billion settlement was announced between Philips Respironics and plaintiffs physically injured as a result of using the devices.
What are ventilators, CPAP, and BiPAP machines?
Ventilators, CPAP, and BiPAP machines (“devices”) are machines that help people breath. They are prescribed to people with respiratory insufficiency, respiratory failure, or sleep apnea.
What is the litigation about?
Philips Respironics manufactured several types of ventilators, CPAP, and BiPAP machines that were recalled in 2021. The recall was initiated after Philips Respironics realized that polyester foam in the breathing devices degraded and became toxic. Subsequently, the manufacturer recalled additional BIPAP machines because they contained contaminated plastic.
As a result, thousands of claims have been made after device users suffered serious injuries after using recalled devices. Injuries include infections, immune system reactions, pneumonia, and cancer. Personal injury cases are consolidated in a Multidistrict litigation (“MDL”) before Judge Joy Flowers Conti in Federal Court in Pittsburgh, Pennsylvania.
What is the settlement about?
The settlement is meant to resolve claims by individuals who suffered personal injuries as a result of using the devices. There is a concurrent settlement underway for medical monitoring, or people who are worried they may be injured in the future. The settlement is separate from the economic settlement which Judge Conti recently approved.
What products are included in the settlement?
Recalled devices are included in the settlement. Namely, System One, C-Series S/T, AVAPS, Dream Station, E3, OmniLab Advanced Plus, Trilogy 100/200. Garbin Plus, Aeris LiveVent, and V30 Auto. A full list of serial numbers may be found on the settlement website once it is made public.
How much are individual cases worth?
Philips Respironics agreed to pay 1.1 billion dollars to settle all personal injury claims against it. This amount will be allocated and individual amounts will be determined by a settlement administrator. Amounts will vary based on several factors, Specifically, the type of device, length of use, injury, and number of people who enroll in the settlement. Currently, there are approximately 58,000 individuals with claims.
How does a person enroll in the settlement?
The claims process has not yet been announced. However, it is likely that it will be similar to the economic loss settlement process.
If you have been injured by a medical device manufactured by Philips Respironics, please contact an attorney.
