UPDATE: Philips Agrees to $1.1B Settlement in CPAP Foam Legal Battle
Written by Jay M. Kelley III in Drug & Medical Devices, In the news on May 10, 2024
UPDATE 4/29/2024: Philips has reached a $1.1 billion deal to settle lawsuits over the CPAP devices. We are no longer taking in new cases. Read more about the settlement.
Despite the settlement, Philips maintains that it does not admit fault or liability for the injuries caused by the devices. However, the company acknowledges the need to end the uncertainty associated with litigation in the U.S., emphasizing patient safety and quality as top priorities.
- Who: Philips and its subsidiary, Philips Respironics, produce CPAP and ventilator machines millions worldwide use to manage sleep apnea.
- What: The FDA recalled millions of Philips and Philips Respironics CPAP and ventilator machines due to dangerous defects related to insulating foam breakdown, which poses serious health risks. The recall was classified as Class I, indicating a high probability of severe adverse health consequences or death.
- When: The recall was initiated in 2021 after concerns about the devices’ safety surfaced.
- Where: The recalled devices were distributed worldwide, but the legal proceedings and settlement negotiations took place mainly in the US.
- Why: CPAP and ventilator machines were recalled due to degraded insulation foam that could release harmful particles or chemicals into users’ airways, leading to serious health risks.
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Jay M. Kelly III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice attorney in Ohio with over 25 years of experience and $200 million in verdicts and settlements. He leads Elk + Elk’s litigation strategy in state and federal courts and has a unique background as a former felony prosecutor and hospital defense lawyer. Jay specializes in complex cases, including birth injuries and wrongful death, and is recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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