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Philips CPAP Recall Lawsuit

Philips CPAP Recall Lawsuit

Philips Respironics has issued a recall for some of its CPAP, BiPAP, and mechanical ventilator devices after potential health risks related to lung injury have been identified. People or loved ones of those who were injured due to a Philips Respironics Bi-Level Positive Airway Pressure (BiPAP) or Continuous Positive Airway Pressure (CPAP) may be eligible for compensation through a Philips CPAP Recall Lawsuit.

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Our Role

Seeger Weiss founding partner Chris Seeger was appointed as co-lead counsel by Senior U.S. District Court Judge Joy Flowers Conti in litigation related to the use of Philips CPAP sleep apnea machines and other Philips assisted breathing devices. Seeger Weiss was one of the first law firms to file a lawsuit against Philips regarding the disintegration or outgassing of the foam in these ventilator devices and has since filed more than a dozen cases while representing more than 2,500 people seeking to hold Philips accountable.

Case Updates

  • 6/17/22

    On behalf of individuals and entities who purchased, leased, or otherwise acquired one of Philips’ recalled CPAP, BiPAP or ventilator devices, Co-lead counsel filed a Consolidated Amended Class Action Complaint for Economic Losses seeking to recover equitable relief and economic damages from Philip. The complaint outlines Philips’ pattern of misconduct leading to the recall of millions of its CPAP and BiPAP machines and ventilators. Plaintiffs allege Philips knew of PE-PUR foam degradation issues with the recalled for years,  but continued to sell these devices and advertise them as safe while doing nothing to fix the problem. The company failed to disclose the dangerous defect in its devices or remove them from the market until it initiated the recall in June 2021. Philips’ own internal studies concluded that the degraded PE-PUR foam “presents a significant biological risk” to patients.

  • 2/16/22

    Senior U.S. District Court Judge Joy Flowers Conti appointed Seeger Weiss LLP founder Chris Seeger to serve as co-lead counsel in the Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation. Seeger is one of four attorneys, selected from a pool of 75 applicants, to lead the litigation. He has led some of the most complex, groundbreaking, and high-profile litigations in U.S. history, including National Prescription Opioid Litigation, 3M Combat Arms Earplug Products Liability Litigation, and National Football League Players’ Concussion Injury Litigation. Learn more here.

  • 10/11/21

    The Judicial Panel on Multidistrict Litigation (JPML) granted a motion to consolidate lawsuits against medical device manufacturer Philips over its CPAP, Bi-Level PAP and mechanical ventilator recall before Senior U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania. Centralization will help streamline the process of discovery and key legal motions before trials.

  • 8/27/21

    Seeger Weiss filed a class action lawsuit on behalf of Edward Haddix and other similarly situated assisted breathing machine users against Philips. The complaint alleged that Philips designed, manufactured, marketed, advertised, distributed, and sold dangerously defective apnea and breathing devices to consumers nationwide, despite knowing that the foam in these devices could disintegrate or outgas, resulting in serious injuries.

  • 6/14/21

    Philips issued a recall for its Continuous Positive Airway Pressure (CPAP), Bi-Level Positive Airway Pressure (Bi-Level PAP), and mechanical ventilator devices over serious health risks caused by foam liners used in the design and manufacture of the recalled products. The company admitted that the foam may disintegrate or outgas, resulting in inhalation of toxic contaminants and chemicals, which may increase the chance of lung injury and may also increase the risk of cancer. The U.S. Food and Drug Administration Class I recall indicates the products have the potential to cause “serious adverse health consequences or death.”