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Litigation Packet

Litigation Packet

CPAP and BiPAP Sleep Apnea Machines

UpdatedJan 27, 2023
CreatedFeb 14, 2022
Delivery method: Download

Philips RS North America, LLC (Philips) is a major manufacturer of CPAP, BiPAP and other mechanical ventilator devices.  These devices are the primary treatment for sleep apnea, a serious medical condition where an individual stops breathing repeatedly during the night. Sleep apnea effects approximately 25% of men and 10% of women. 

On June 14, 2021, Philips recalled many of its popular CPAP and BiPAP models. The recalled devices used polyester-based polyurethane (PE-PUR) foam to lessen sound and vibration. The foam can breakdown and release foam particles and invisible gases containing number of toxic and carcinogenic compounds directly into a patient’s oral cavity. In July 2021, the FDA classified the recall as a Class I recall. In December 2021, Philips expanded the recall to certain Trilogy Evo ventilator models.

As a result of the grave and serious injuries caused to patients using Philips devices, cases have been filed around the country. In October 2021, the Judicial Panel on Multidistrict Litigation (JPML) consolidated federal cases in the U.S. District Court for the Western District of Pennsylvania (W.D. Pa.).

This Litigation Packet was developed to aid plaintiff attorneys investigating these dangerous products and representing individuals injured by the medical devices. It includes case screening information, product information, and sample documents. It will be updated regularly as the litigation progresses.

In the fall of 2021, AAJ members formed a Litigation Group for AAJ members handling these cases. Learn more about the group here.