Some RVers likely part of $1.1 billion CPAP settlement

Untreated sleep apnea can cause real problems and, in some cases, death. But imagine being killed by the machine you use to treat sleep apnea. That’s the claim in many lawsuits against one CPAP machine maker, Philips. Death and injuries are alleged, and Philips has reached a $1.1 billion CPAP settlement to make those claims go away. Are you or a loved one in line for part of the settlement?

Philips $1.1 billion CPAP settlement

RVers are likely among those who will see a portion of the settlement money. A third of responding RVtravel.com readers or their partners use a CPAP machine. The Philips’ deal will not only see money for those injured, it will also send $25 million to medical monitoring.

The root of the settlement goes back as far as 2008, when the CPAP devices in question were first marketed. The brand, Philips Respironics, was sold between then and 2021, when Philips reeled the devices back in under a recall notice. What caused the demise of these particular devices?

Foam breakdown the root of the issue

Philips built nearly 15 million Respironics CPAP machines, together with ventilators. But along the way, thousands of CPAP users complained that there was a problem. Looking into the matter, it was found that sound-dampening foam built into the machines could break down. “If the foam breaks down, black pieces of foam, or certain chemicals that are not visible, could be breathed in or swallowed by the person using the device,” said a report from the FDA (U.S. Food and Drug Administration). This was particularly true if the CPAPs were used in warm and humid environments.

In 2022, the FDA warned Philips that the sound-killing foam might also “degrade and/or emit harmful chemicals, potentially resulting in toxic and carcinogenic effects and other significant harms to device users.” Those “harmful chemicals” potentially included formaldehyde and other volatile organic compounds, or VOCs.

“Philips has acknowledged that, in a worst-case scenario, exposure to VOCs as a class may cause possible toxic and carcinogenic effects, as well as irritation of the respiratory tract, eyes, nose, and skin, nausea or vomiting, hypersensitivity reactions, dizziness, and headache,” the FDA said. Those problems “could potentially result in serious injury and may require medical intervention to prevent permanent injury.”

Earlier in 2024, the FDA noted that “Since April 2021, the FDA has received more than 116,000 MDRs [Medical Device Reports], including 561 reports of death.” These were either reported or suspected to be related to problems with that insulating foam in the Philips’ machines.

“Do not admit any fault or liability”

Faced with this mess, it’s not surprising that Philips chose to settle the matter without any courtroom clashes. “Philips and Philips Respironics do not admit any fault or liability, or that any injuries were caused by Respironics’ devices,” the company said when announcing the $1.1 billion CPAP settlement.

Are you in line for some of this settlement money? Roughly 58,000 people have registered for the settlement, or have otherwise filed claims against Philips. If you’re not among those who already have, you may wonder if you qualify to get involved.

Do you qualify for part of the settlement?

Here’s who qualifies, according to drugwatch.com: “Anyone under 80 years of age who used a recalled Philips Bi-PAP, CPAP or ventilator and suffered dangerous or serious Philips CPAP side effects may be eligible to file a lawsuit. Injuries in potential lawsuits include many types of cancer, respiratory problems and organ damage related to using a recalled Philips CPAP device.”

Getting involved in the settlement means you’ll need to act quickly, says the FDA. If you’re not sure if you own or did own one of the affected CPAPs or respirators, you can check the Philips recall page for more information.

If your machine is involved and you want to pursue getting part of the settlement, you’ll be getting involved in a legal matter. The Drugwatch site provides helpful steps for you to go over in figuring out what CPAP settlement attorney to use. Payouts from this settlement will start flowing next year.

Another settlement yields $100 for CPAP owners

But this isn’t the only settlement that may affect CPAP and respirator owners. A different class action suit was recently settled. This one involved not injury or death issues, but the economic side of the matter. The big winners are insurance companies who paid for the machines for their insureds. Still, users of those machines are up for $100 if they send the machines back by August 9 of this year. Again, refer back to the Philips recall page (mentioned above) to see if you have one of the recalled devices. If you have one, this website will help you move on returning the machine and getting your $100 payment.  Returning your machine will “NOT affect or release any claims for personal injuries or medical monitoring relief.”

If you do have one of these recalled machines and plan to return it, here’s a warning. If you’re still using it, contact your doctor before you send it back. You’ll need to have their advice on what to do from now on.

Know we’re with you

A $1.1 billion CPAP settlement sounds big. For Philips, its company stock value actually went up with the announcement. Apparently, investors were just glad to get the matter settled—and for less than they had expected. For those who may have been harmed or who lost loved ones to death, it’s a small comfort. If you face these situations, know that the folks with RVtravel.com are thinking of you.

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