CPAP recall claim evaluator

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About the Philips CPAP recall

In June 2021, Philips Respironics issued a massive recall covering approximately 5.5 million devices in the United States. The recall affected CPAP, BiPAP, and mechanical ventilator devices manufactured before April 26, 2021. The problem: polyester-based polyurethane (PE-PUR) sound abatement foam inside the devices was found to degrade and release toxic particles and gases directly into the breathing pathway.

Testing by the FDA found that the foam degradation could release volatile organic compounds (VOCs) including known carcinogens. Users of affected devices may have inhaled these toxic compounds for months or years before the recall. Philips reached a settlement in 2024 covering personal injury claims, but individual injury lawsuits continue for those with serious diagnoses.

Who qualifies for a claim

The strongest claims involve users who used a recalled device for an extended period and subsequently developed a diagnosis linked to the toxic foam compounds - particularly cancers of the respiratory tract, nose, throat, and lungs, as well as liver and kidney damage. Users who developed symptoms of respiratory irritation, headaches, or neurological effects may also have claims depending on their specific diagnosis and usage history.

Affected device models

The recall covered dozens of Philips Respironics models including the DreamStation CPAP and BiPAP series, System One series, REMstar series, Trilogy ventilators, and others. If your device was manufactured before April 26, 2021 and bears the Philips Respironics brand, it's likely part of the recall. Check the FDA's recall database or your device's serial number at the Philips recall registration site.

Frequently asked questions

Philips reached a settlement in 2024 covering certain personal injury claims. However, individual lawsuits for serious injuries like cancer continue. Whether you should participate in the settlement or pursue an individual lawsuit depends on the severity of your injuries. An attorney can advise whether the settlement compensation is adequate for your specific diagnosis or whether you're better off with an individual claim.

Claims without a confirmed serious injury diagnosis are harder to value and settle. The strongest cases involve diagnosed cancers or significant organ damage. If you used a recalled device for an extended period, you should consult a physician about appropriate monitoring and screening. If a diagnosis develops, you'll want to have your usage history documented before the statute of limitations runs.

The foam degradation compounds are associated with cancers of the upper and lower respiratory tract, including nose, throat, trachea, and lung cancers. Liver cancer and kidney cancer have also been raised in litigation as potential associated diagnoses. The carcinogens released include compounds classified by the International Agency for Research on Cancer (IARC) as known or probable human carcinogens.

State statutes of limitations apply, typically 2 to 3 years from when you knew or should have known your injury was linked to the device. The recall was widely publicized in June 2021, so courts may run the clock from around that date for users who were aware of it. Don't wait - contact an attorney to confirm your specific deadline.

No. Returning or replacing the device doesn't affect your right to file an injury claim for harm that already occurred during the period you used the defective device. Keep records of your device serial number, any registration or replacement correspondence with Philips, and your medical records documenting the diagnosis and treatment timeline.