CPAP settlement: $479 million set aside after recall of breathing machines
A maker of machines for sleep apnea patients has agreed to a $479 million settlement related to a recall of its devices.
Philips Respironics and Koninklijke Philips N.V., its Netherland-based parent company, has set aside $15 million for customers to replace their continuous positive airway pressure, or CPAP, machines, CBS News reported. The settlement comes two years after the devices were recalled due to reports the machines contained a polyester-based polyurethane foam that could break down, possibly causing the user to inhale or swallow particles or chemicals, according to reports.
The settlement does not include any admission of liability, Phillips said in a statement.
Under the terms of the settlement, which is subject to approval by the court, Philips will provide cash awards to eligible participants depending on the type of device they own, extended warranties on all replacement devices and cash awards if they returned the recalled device to Philips. Additional money is available to individuals who had to replace their devices.
CNN said awards will be paid per device which range from $55 to $1,552. They will also receive $100 for each recalled device given back to the company to cover the cost of a new machine.
Philips will pay awards to users for each recalled device, which range from $55.63 to $1,552.25. They’ll also receive a device return award of $100 for each recalled device given back to the company to cover the cost of a new machine.
You can see a list of the recalled devices here.
The final amount included in the settlement will depend on how many patients participate and attorney’s fees related to the case.
Philips recalled about 10.8 million of its machines in 2021 and, since then, the U.S. Food and Drug Administration said it received 105,000 complaints, including 385 reported deaths reportedly tied to the leaking foam, CBS reported. The foam is placed in the CPAP machines to reduce noise and vibration levels.
The settlement must be approved by the U.S. District Court for the Western District of Pennsylvania. If approved, payment won’t begin until the first quarter of 2024 at the earliest.