$1.1 Billion Settlement Reached in Phillips CPAP Litigation

Plaintiffs’ attorneys, including members of the Motley Rice team, secured a $1.1 billion* settlement with Koninklijke Philips NV and some of its American subsidiaries. The agreement resolves litigation alleging degraded foam in their CPAP machines caused severe health problems, some requiring long-term medical monitoring. The settlement includes $1.075 billion* to settle personal injury claims and an additional $25 million for medical monitoring claims.

Phillips has faced numerous lawsuits following a 2021 recall of over 10 million CPAP machines used in the treatment of conditions such as sleep apnea. Per the company’s recall, the machines contained sound insulating foam, which could break down and release particulate matter and chemicals into the respiratory system of the user. 

“This settlement will help many victims of these machines find some closure and begin to move forward from injuries that shouldn’t have happened in the first place,” said Motley Rice attorney Ann E. Rice Ervin.

Qualifying injuries include new or worsening asthma, new or worsening COPD, chronic bronchitis, bronchiectasis, sarcoidosis, acute respiratory distress syndrome, reactive airways dysfunction syndrome, pulmonary fibrosis, pneumonitis, other interstitial lung disease, other obstructive or restrictive lung disease, lung cancer, acute myeloid leukemia (AML) chronic myeloid leukemia (CML), mucosa associated lymphoid tissue (MALT) of the air-pathway lymphoid tissue, oral cavity cancers, oropharynx cancer, nasal cavity/sinus cancer, nasopharynx cancer, larynx cancer, hypopharynx cancer, salivary cancer esophageal cancer and thyroid cancer.

Plaintiffs' attorney Ann E. Rice Ervin expounded further on the settlement “We realize that there are individuals that have used Philips’ recalled CPAP machines that have injuries that are not covered by the Master Settlement agreement; however, the injuries covered are the ones supported by retained expert witnesses based on the science.”

While settlements of this kind take time to be finalized and completed, this represents a step forward for patients harmed by poor construction of a product designed to help them breathe. Client communications are forthcoming as details are finalized.

*Prior results do not guarantee a similar outcome.