Current:Home > ScamsPhilips agrees to pay $1.1 billion settlement after wide-ranging CPAP machine recall -ProgressCapital
Philips agrees to pay $1.1 billion settlement after wide-ranging CPAP machine recall
View
Date:2025-04-16 13:04:17
Medical device company Philips reached a settlement Monday to shell out $1.1 billion to cover hundreds of personal injury lawsuits linked to its respiration and sleep apnea machines.
The manufacturer has recalled more than 15 million breathing devices since 2021, primarily due to health hazards caused by the breakdown of foam materials that users could inhale, according to the Food and Drug Administration.
The issues have largely surrounded the brand's popular DreamStation CPAP, or continuous positive airway pressure, machines used to treat sleep apnea and other nighttime breathing difficulties at home and in healthcare settings.
Philips did not admit any fault as part of the settlement and did not admit any liability for any of the reported injuries. However, the company said in a statement that the settlement was made to "end the uncertainty associated with litigation in the US."
This personal injury settlement comes after several other hits to Philips Respironics' pockets in recent years. In September of last year, Philips agreed to a $445 million tentative economic loss settlement to compensate users who had to replace their devices. In April, the company also agreed to a consent decree that halted production in the U.S.
"Patient safety and quality is our highest priority, and we have taken important steps in further resolving the consequences of the Respironics recall," said Roy Jakobs, CEO of Royal Philips, in a statement. "The approved consent decree and economic loss settlement, and now the resolution of the personal injury and medical monitoring litigation in the US, are significant milestones and provide further clarity on the way forward for Philips.”
Who receives money?
Cash from the settlement will be sent to those used the now-recalled CPAP and "other respiratory devices who suffer from significant physical injuries," plaintiff attorneys Sandra Duggan, Kelly Iverson, Christopher Seeger and Steven Schwartz told NPR.
The related payments are expected in 2025 and will be funded from Philips’ cash flow generation.
USA TODAY has reached out to the attorneys for comment.
Philips stops U.S. manufactering:CPAP maker Phillips enters consent decree that stops company from selling machines
Philips' yearslong legal back and forth
Philips announced a recall for millions of their Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices in 2021.
The recall was attributed to a potential defect in the devices in which foam used in them could degrade and cause inhalation of particles and fumes.
The FDA warned that ingesting sound-dampening foam comes with the risks of headache, asthma and allergic reactions among more serious problems, like cancer. In February, the agency also released a report saying officials have received 116,000 complaints about the devices, with more than 500 of those resulting in death, from people or lawyers who attributed the incidents to Philips' machines. The agency has since clarified that further investigation needs to be done on these claims.
In a statement to USA TODAY at the time, Philips denied any link between the deaths and injuries and its machines. The company previously said there were no reports of deaths due to product defects but acknowledged that the risks of particulate exposure could cause "headache, irritation, inflammation, respiratory issues and possible toxic and carcinogenic effects."
Earlier this year, Philips agreed to a consent decree that stopped the company from selling sleep apnea machines in the United States and was ordered to offer a payment option as a part of a remediation plan.
A 2023 investigation into the recall by Pro Publica and the Pittsburg Post Gazette found that Phillips had withheld complaints about the foam for over a decade before warning customers.
Recalled devices
Existing devices manufactured between 2009 and April 2021 are subject to recall, as they may pose a serious injury risk due to the breakdown of the PE-PUR foam used in them.
Devices included in the recall include:
- A-Series BiPAP A30
- A-Series BiPAP A40 (ventilator)
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto (ventilator)
- C-Series ASV (ventilator)
- C-Series S/T and AVAPS
- DreamStation
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAPS
- Dorma 400
- Dorma 500
- E30
- Garbin Plus, Aeris, LifeVent (ventilator)
- OmniLab Advanced+
- REMstar SE Auto
- SystemOne ASV4
- SystemOne (Q-Series)
- Trilogy 100 (ventilator)
- Trilogy 200 (ventilator)
- Certain Trilogy Evo ventilators with specific serial numbers.
Some products that were modified in an attempt to resolve the issue have been recalled as well. Specifically, certain reworked Philips Respironics Trilogy 100/200 Ventilators, as the FDA has asked for additional safety testing on the silicone foam material used to replace the PE-PUR foam.
These products include:
- Trilogy Evo ventilator model numbers with certain serial numbers as listed in the recall database:
- DS2110X11B
- KR2110X15B (not distributed in the U.S.)
- Repair kits for Trilogy Evo muffler assembly model and lot numbers as listed in the recall database:
- Part number 1135257
- Lot numbers between 210414 and 210524
Contributing: James Powel, Anthony Robledo and Adrianna Rodriguez.
veryGood! (34852)
Related
- Federal court filings allege official committed perjury in lawsuit tied to Louisiana grain terminal
- U2 brings swagger, iconic songs to Sphere Las Vegas in jaw-dropping opening night concert
- Taiwan unveils first domestically made submarine to help defend against possible Chinese attack
- Bank of Japan survey shows manufacturers optimistic about economy
- Whoopi Goldberg is delightfully vile as Miss Hannigan in ‘Annie’ stage return
- 1 mountain climber's unique mission: to scale every county peak in Florida
- Lil Tay Makes Comeback After 5-Year Absence, One Month After Death Hoax
- A populist ex-premier who opposes support for Ukraine leads his leftist party to victory in Slovakia
- The company planning a successor to Concorde makes its first supersonic test
- Hurts throws for 319 yards, Elliott’s 54-yarder lifts 4-0 Eagles past Commanders 34-31 in OT
Ranking
- What were Tom Selleck's juicy final 'Blue Bloods' words in Reagan family
- A California professor's pronoun policy went viral. A bomb threat followed.
- Last Netflix DVDs being mailed out Friday, marking the end of an era
- How researchers are using AI to save rainforest species
- Juan Soto to be introduced by Mets at Citi Field after striking record $765 million, 15
- At least 10 migrants are reported killed in a freight truck crash in southern Mexico
- Rep. Jamaal Bowman pulls fire alarm ahead of House vote to fund government
- Celtics acquire All-Star guard Jrue Holiday in deal with Trail Blazers
Recommendation
Megan Fox's ex Brian Austin Green tells Machine Gun Kelly to 'grow up'
Donald Trump says he will be in courtroom for New York trial scrutinizing his business practices
Indonesia is set to launch Southeast Asia’s first high-speed railway, largely funded by China
'New normal': High number of migrants crossing border not likely to slow
Woman dies after Singapore family of 3 gets into accident in Taiwan
Emergency services on scene after more than 30 trapped in church roof collapse
Taylor Swift and Travis Kelce are suddenly everywhere. Why we're invested — and is that OK?
Lane Kiffin finally gets signature win as Ole Miss outlasts LSU in shootout for the ages