One of the nation’s largest manufacturers of machines for sleep apnea sufferers has reached a settlement agreement and is set to pay $479 million to compensate customers who experienced injuries due to foam leakage in their mouths. Philips Respironics, along with its parent company Koninklijke Philips N.V., will also allocate $15 million for customers who need to replace their continuous positive airway pressure (CPAP) machines, according to court documents released on Thursday. This settlement comes more than two years after Philips issued a recall for millions of its CPAP devices due to the foam issue.
Koninklijke Philips has not yet responded to requests for comment. However, the company posted a blog post recently stating that it acknowledges no wrongdoing and had already set aside $615 million earlier in the year in anticipation of a settlement.
“The final cost of the settlement may vary based on various factors, including the number of participants and the court’s determination of professional fees,” the company stated in its blog post.
In 2021, Philips issued a recall for its CPAP machines, and since then, the U.S. Food and Drug Administration (FDA) has received 105,000 complaints, including reports of 385 deaths potentially linked to the foam leakage. The foam is intentionally used in Philips CPAP machines to reduce noise.
Some of the complaints reported to the FDA included connections between the machines and various health issues, such as cancer, respiratory problems, pneumonia, chest pain, dizziness, and infections. Earlier this year, FDA officials cautioned the public about using Philips CPAP machines, stating that these products could result in serious injuries or even death. Philips itself warned in its recall notice that inhaling the foam could cause life-threatening injuries.
Although Philips attempted to fix some of the machines, even the repaired devices were later recalled, as stated by the FDA. The 2021 recall affected 20 different Philips devices, including the A-Series BiPAP ventilators and the DreamStation CPAP machines.
A number of sleep apnea patients have filed lawsuits against Philips in recent years related to the CPAP machines. These lawsuits were consolidated into one class-action case in Pennsylvania in October 2022. Many of these lawsuits accused Philips of knowingly selling defective CPAP machines.
The settlement announced on Thursday only covers the economic losses suffered by customers. Lawyers representing CPAP users stated that they will pursue damages for individuals with personal injury claims.
According to data from the American Medical Association, approximately 30 million people in the U.S. suffer from sleep apnea, a condition that involves blocked airways during sleep, leading to interrupted breathing.
While it is currently not possible to file a claim, eligible Philips customers can eventually seek compensation from the settlement by visiting the provided link. In the meantime, consumers can sign up for email updates to stay informed.
If anyone has questions about the settlement, they can contact [email protected].
Philips anticipates that it will begin disbursing the settlement funds in the first quarter of 2024 at the earliest.
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