Lawsuits involving injuries sustained as a result of using certain ventilators, CPAP, and BiPAP machines are consolidated in a Multidistrict litigation (“MDL”) before Judge Joy Flowers Conti in Federal Court in Pittsburgh, Pennsylvania. Last week, Judge Conti granted approval of a class action settlement to resolve economic loss claims against the manufacturer, Philips Respironics (“Philips”).
What are ventilators, CPAP, and BiPAP machines?
Ventilators, CPAP, and BiPAP machines are devices that help people breath. They are prescribed to people with respiratory insufficiency, respiratory failure, or sleep apnea. Specifically, CPAP machines help people breath by providing consistent air pressure when breathing in or out. Alternatively, BiPAP machines pump air into the lungs at differing pressure when inhaling and exhaling. Further, ventilators move air in and out of the lungs in people who cannot breathe on their own.
What are the lawsuits about?
Philips manufactured several types of ventilators, CPAP, and BiPAP machines that were recalled in 2021. The recall was initiated after Philips realized that polyester foam in the breathing devices degrades and becomes toxic. Subsequently, Philips recalled additional BIPAP machines because they contained contaminated plastic. Use of affected devices could lead to serious injuries such as infections, immune system reactions, pneumonia, and cancer. Finally, the FDA reached an agreement with Philips prohibiting Philips from selling the machines in the United States.
What is the settlement about?
The settlement pertains to economic loss as a result of using certain ventilators, CPAP, and BiPAP machines. It does not pertain to any allegations of personal injuries related to the devices. Anyone who leased, rented, or was prescribed a recalled device from 2008 to June 2021 may be entitled to an award.
What products are included in the settlement?
People who used the following devices may be eligible for an award: 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.
How much are cases worth?
Payment ranges depend on the type of device used. Additionally, payments may be available for returning devices to Philips. Further, awards are available to people who paid to replace their recalled device at their own expense.
How do I enroll in the settlement?
Claimants have until August 2024 to enroll in the settlement. Enrollment directions and full settlement details can be found here: www.RespironicsCPAP-ELSettlement.com
