Philips Respironics Settles for $479 Million in Lawsuit Over Flawed Breathing Machines
In a major development, Philips Respironics has reached a partial settlement of $479 million in a lawsuit regarding defects in their breathing machines. These machines were found to emit gases and foam particles into the airways of users, leading to recalls involving millions of devices. The announcement was made by the plaintiffs’ lawyers on Thursday.
The settlement pertains specifically to monetary reimbursements for users and vendors who financed replacements for affected consumers. It is important to note that this agreement does not address personal injury claims or medical costs associated with the use of the machines. The reimbursement amount is uncapped, allowing other device users to seek compensation as well. The settlement is subject to federal court approval, and Philips has not admitted any wrongdoing or liability.
Philips Respironics has faced significant setbacks over the past few years due to recalls of approximately five million breathing machines used for sleep apnea and other conditions. Lawsuits have alleged that the release of foam particles and gases from these machines has been linked to respiratory illnesses, lung cancer, and even death. The foam was originally used in the devices to reduce noise and vibration.
Background on the Philips Recall
In June 2021, the Food and Drug Administration (FDA) issued a recall of Philips machines, including BiPAP devices and ventilators manufactured since 2009. The FDA warned that deterioration of foam in these products could cause serious harm to users. Philips initially informed doctors about the risks of foam breakdown, stating that it could have toxic effects. However, subsequent updates from the company have downplayed the level of concern.
The plaintiffs’ lawyers expressed confidence in their claims and their determination to hold Philips accountable for the harm caused to patients. Sleep apnea affects millions of people and is associated with various risks, including strokes, heart attacks, and cognitive decline due to decreased oxygen supply.
The recalls in recent years have created frustration among doctors and device users who had to decide whether to continue using potentially hazardous machines or forego treatment altogether. Rival companies have struggled to meet the demand for replacements, leaving many consumers with limited options.
Under the announced settlement, affected consumers can receive compensation ranging from $50 to $1,500, and an additional $100 for each device returned to Philips. The company has already replaced and delivered nearly 2.5 million devices to US consumers and suppliers.
Philips’ Response and Government Involvement
In a statement, Philips emphasized that patient safety and quality are their top priorities. However, the FDA and some experts have criticized Philips for not promptly notifying consumers when they first became aware of potential flaws in their devices. Records show that concerns at Philips date back to 2015. The FDA has received over 105,000 reports of injuries and 385 reports of possibly related deaths due to foam breakdown in Philips machines.
The US Department of Justice has been in discussions with Philips regarding a possible consent decree to address issues related to the recall process. In an earnings disclosure in July, Philips acknowledged that they have been cooperating with investigations into the events leading up to the recall.
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