In June 2021, Philips Respironics recalled millions of CPAP, BiPAP, and mechanical ventilator machines after discovering that the sound abatement foam inside the devices could break down and release toxic particles and gases directly into the breathing pathway. Since then, users of these recalled machines have reported serious health problems, including respiratory issues and cancer diagnoses. If you used a recalled Philips CPAP machine and developed health problems, you may have the right to file a lawsuit.

Contact Counsel Hound for a free case evaluation to find out if you qualify for a CPAP recall lawsuit. There are no fees unless you win.

This guide covers what happened with the Philips CPAP recall, the health risks associated with the defective foam, what legal options are available, and how to take action if you have been affected.

What Happened With the Philips CPAP Recall?

Philips Respironics, a division of the Dutch medical technology company Royal Philips, issued a voluntary recall on June 14, 2021, affecting approximately 10.5 million defective devices worldwide. The recall covered CPAP machines, BiPAP machines, and certain mechanical ventilators manufactured between 2009 and April 2021.

The core issue was the polyester-based polyurethane (PE-PUR) sound abatement foam used inside the devices. This foam was designed to reduce noise and vibration. Philips discovered that the foam could degrade under certain conditions, including exposure to heat and humidity, which are common in bedroom environments where CPAP machines operate.

When the foam breaks down, it can release black particles and invisible chemical gases directly into the device’s air pathway. Users inhale or swallow these particles and chemicals while sleeping, typically for six to eight hours every night. Many users had been breathing contaminated air for years before the recall was announced.

What made the situation worse is that Philips reportedly received complaints about black foam particles appearing in devices as early as 2015, years before the public recall. Internal documents suggest the company was aware of potential foam degradation issues and chose not to act immediately. This delay is a central issue in the litigation, and it forms the basis for punitive damage claims in many lawsuits.

CPAP machines are used by millions of Americans to treat obstructive sleep apnea, a condition where the airway repeatedly collapses during sleep. Patients rely on these devices every night, often for the rest of their lives. The trust patients placed in their prescribed medical equipment makes the recall especially concerning.

Which Devices Were Recalled?

The recall affected a wide range of Philips Respironics devices, including:

  • CPAP machines: DreamStation, DreamStation Go, DreamStation 2 (specific models), System One (Q-Series), REMstar SE
  • BiPAP machines: DreamStation BiPAP, A-Series BiPAP, SystemOne BiPAP
  • Ventilators: Trilogy 100/200, Garbin Plus, LifeVent, A-Series
  • Other devices: E30 (emergency use ventilator), Dorma 400/500 CPAP

Philips maintains a product recall registry where users can check whether their specific device serial number is covered. If you are unsure whether your machine was recalled, contact your healthcare provider or check the serial number on the device’s label.

What Are the Health Risks?

The degraded foam inside recalled Philips CPAP machines poses two types of health risks: physical particles that can be inhaled or swallowed, and chemical off-gassing that releases volatile organic compounds (VOCs) into the breathing air.

Reported Health Problems

Users of recalled devices have reported and been diagnosed with a range of conditions, including:

  • Respiratory issues: Asthma, pneumonia, chronic cough, difficulty breathing, and upper airway irritation
  • Cancer: Lung cancer, kidney cancer, liver cancer, bladder cancer, nasal and sinus cancer, and lymphoma
  • Organ damage: Kidney damage, liver damage, and other organ-related conditions
  • Other conditions: Headaches, nausea, chest pressure, sinus infections, and skin irritation

The FDA has classified the recall as Class I, its most serious category, indicating that the devices may cause serious injury or death. The FDA has received thousands of medical device reports (MDRs) linked to the recalled machines, including reports of death.

Chemicals of Concern

Testing has identified several potentially harmful chemicals in the off-gassing from the degraded foam:

  • Formaldehyde (a known carcinogen)
  • Toluene diisocyanate
  • Diethylene glycol
  • Other volatile organic compounds linked to respiratory damage and cancer

The risk increases with the age of the device, higher humidity settings, and the use of ozone-based cleaning products, which accelerate foam degradation.

What Are Your Legal Options?

If you used a recalled Philips CPAP machine and developed health problems, several legal paths may be available to you.

Individual Lawsuits

You can file a personal injury lawsuit against Philips Respironics seeking compensation for your medical expenses, lost income, pain and suffering, and other damages. Individual lawsuits give you control over your case and allow your attorney to present evidence specific to your situation.

Multidistrict Litigation (MDL)

Thousands of CPAP recall lawsuits have been consolidated into a multidistrict litigation (MDL) in the Western District of Pennsylvania (MDL No. 3014). The MDL process groups similar cases together for pretrial proceedings, including discovery and motions, while preserving each plaintiff’s individual claim. Bellwether trials (test cases) are used to establish how juries respond to the evidence, which helps drive settlement negotiations.

Filing your lawsuit through the MDL does not mean you lose control of your case. Each plaintiff retains their individual claim and can still pursue a separate trial if needed.

Wrongful Death Claims

If a family member died from conditions linked to a recalled Philips CPAP machine, surviving family members may file a wrongful death claim seeking compensation for funeral expenses, lost financial support, and loss of companionship.

Request a free consultation with Counsel Hound to discuss which legal option makes sense for your CPAP injury case.

Who Can File a CPAP Recall Lawsuit?

You may qualify to file a CPAP recall lawsuit if you meet these general criteria:

  • You used a recalled Philips CPAP, BiPAP, or ventilator machine
  • You used the device for a sustained period (typically several months or more)
  • You have been diagnosed with a health condition potentially linked to the foam exposure, such as cancer, respiratory disease, or organ damage
  • Your diagnosis occurred during or after your use of the recalled device

You do not need to have visible foam particles to file a claim. The chemical off-gassing from the degraded foam is invisible and can cause harm even when no particles are visible. People who used their devices with heated humidifiers or ozone cleaners may face elevated risk because these conditions accelerate foam breakdown.

Family members of deceased users may also qualify to file wrongful death claims. And in some states, users who have not yet been diagnosed with a condition but face documented health risks may be able to pursue medical monitoring claims, which fund ongoing health screenings to catch potential problems early.

What Compensation Can You Recover?

CPAP recall victims may recover compensation in several categories:

  • Medical expenses: Treatment costs for cancers, respiratory conditions, and other health problems caused by the defective devices
  • Future medical care: Ongoing treatment, monitoring, and follow-up care
  • Lost wages: Income lost due to illness, treatment, and recovery
  • Lost earning capacity: Reduced ability to work in the future
  • Pain and suffering: Physical discomfort and the impact of illness on daily life
  • Emotional distress: Anxiety, fear, and psychological harm from learning you were breathing contaminated air
  • Punitive damages: Additional damages if evidence shows Philips knew about the foam degradation risk and failed to act in a timely manner

The value of your claim depends on the severity of your health condition, the length of time you used the recalled device, your medical documentation, and your overall losses. To learn about how settlements are taxed, see our guide on personal injury settlement taxes.

How to Strengthen Your CPAP Recall Claim

Taking the right steps now can significantly improve the strength of your case:

  1. Stop using the recalled device: Follow the recall instructions. Do not continue using a recalled machine unless your doctor advises that the health risks of stopping treatment outweigh the risks of continued use.
  2. Preserve the device: Do not throw away, return, or allow Philips to replace your recalled machine until you have spoken with an attorney. The machine itself is important physical evidence, and the foam inside can be tested for degradation.
  3. Document your usage: Record how long you used the device, which model and serial number you had, how many hours per night you used it, and whether you used an ozone cleaning product.
  4. Get a medical evaluation: See your doctor for a thorough examination, especially if you have experienced respiratory symptoms, unexplained headaches, or been diagnosed with cancer. Ask your doctor to document any potential connection between your condition and CPAP use.
  5. Gather your medical records: Collect records showing your CPAP prescription, purchase receipts, sleep study results, and any treatment records for conditions that may be linked to foam exposure.
  6. Consult an attorney: A personal injury attorney experienced in product liability and mass tort cases can evaluate your situation and handle the legal process while you focus on your health.

Philips’ Response and Settlement Updates

Since the recall, Philips has faced significant scrutiny from both regulators and the courts. Key developments include:

  • Philips offered a repair and replacement program, but delays left millions of users waiting for months or years while continuing to use potentially dangerous devices or going without treatment
  • The FDA and Philips conducted testing on the foam, with some results showing that certain chemicals exceeded acceptable levels
  • Philips agreed to a consent decree with the FDA requiring the company to take corrective actions and submit to enhanced regulatory oversight
  • The MDL has moved through discovery, with bellwether trial selections underway to test how juries respond to the evidence

Settlement negotiations are ongoing, and individual settlement amounts will depend on each plaintiff’s specific health conditions, usage history, and documented damages. Your attorney will keep you informed about developments in the litigation that affect your case.

Contact Counsel Hound today for a free case evaluation. We connect CPAP recall victims with vetted attorneys who handle product liability cases on a no-fee-unless-you-win basis.

Frequently Asked Questions About the CPAP Recall

What if I used a recalled CPAP machine but have not gotten sick yet?

Some health conditions linked to CPAP foam exposure, especially cancers, may take years to develop. If you used a recalled device, speak with your doctor about screening and monitoring. You may also want to consult an attorney to understand your options, including the possibility of filing a medical monitoring claim in some jurisdictions.

Is there a deadline to file a CPAP recall lawsuit?

Yes. The statute of limitations varies by state, typically ranging from one to four years. The clock usually starts from the date you were diagnosed with a condition linked to the recalled device or from the date the recall was announced, depending on state law. Speaking with an attorney promptly protects your right to file.

Can I still file a lawsuit if I already returned my device to Philips?

Yes, you can still file a lawsuit even if you returned your device. While preserving the machine strengthens your case, other evidence (medical records, purchase receipts, sleep study records, usage history) can still support your claim.

Do I need to join the MDL, or can I file separately?

Most CPAP recall lawsuits filed in federal court are consolidated into the MDL for pretrial proceedings. You maintain your individual claim within the MDL. In some cases, your attorney may recommend filing in state court instead. The right approach depends on your specific circumstances.

How long will the CPAP recall litigation take?

Mass tort litigation typically takes several years. The MDL process helps move cases forward more efficiently by handling shared legal issues once rather than repeating them in every case. Bellwether trials and settlement negotiations are ongoing. Your attorney will provide updates as the litigation progresses.