Philips Respironics Sleep Apnea Machines Restitution
Users of certain Philips Respironics sleep apnea machines can now file a claim for restitution. The Dutch medical equipment maker has agreed to pay a minimum of $479 million to compensate individuals who have bought, leased, or rented 20 different breathing devices and ventilators sold in the United States between 2008 and 2021.
These machines were initially recalled two-and-a-half years ago due to leaking foam in the continuous positive airway pressure (CPAC) machines. Since then, the Food and Drug Administration has received 105,000 complaints, including 385 reported deaths. Philips attempted to fix the recalled machines, but the repaired ones were also recalled a year ago, according to the FDA.
As a result, dozens of sleep apnea patients filed lawsuits against Philips, which were consolidated into one class action. In September, a proposed settlement was reached.
Eligible users can now lodge claims for financial losses related to the purchase, lease, or rent of the recalled devices. The claims can be submitted through the official website. Those who qualify for restitution will be entitled to:
- Compensation for financial losses
- Reimbursement for medical expenses
- Additional compensation for pain and suffering
- Recalled devices purchased, leased, or rented will receive a Device Payment Award.
- A Device Return Award of $100 will be given for each recalled device returned by Aug. 9, 2024.
- A Device Replacement Award will be provided for the money spent to buy a comparable machine to replace a recalled device between June 14, 2021, and Sept. 7, 2023.
Those who return recalled Philips machines by the deadline are entitled to both the return and payment awards without having to submit a claim form. Prepaid shipping labels are available at no cost.
The settlement does not affect or release any claims for personal injuries or medical monitoring relief, according to the administrator with the U.S. District Court for the Western District of Pennsylvania.
Approximately 30 million people suffer from sleep apnea, a condition where the airways become blocked during rest, causing breathing interruptions, according to 2022 data from the American Medical Association.
In October, Philips stated that it was working to ensure that patients receive remediated devices while ongoing testing and research are being conducted. The company concluded that the use of its sleep therapy devices is not expected to cause significant harm to patients' health based on the results so far.
Philips has not yet responded to a request for further comment.
