Table of contents
- Latest Philips A-Series BiPAP Lawsuit Updates
- September 9, 2026: Court Approves Educational Grant
- September 2, 2026: Court Appoints Lead Counsel
- June 26, 2026: Court Dismisses 43 Plaintiffs
- March 7, 2026: Canadian Claims Deadline Passes
- January 20, 2026: Court Approves Fee Orders
- October 3, 2025: Court Dismisses Nonresponsive Plaintiffs
- December 5, 2024: Medical Monitoring Settlement Approved
- April 29, 2024: Philips Announces $1.1 Billion Settlement
- April 25, 2024: Economic Loss Settlement Approved
- April 9, 2024: Consent Decree Entered
- September 7, 2023: Philips Agrees to Resolve Economic Loss Claims
- June 28, 2022: Philips Updates Foam Testing
- February 2, 2022: Panel Transfers Three More Actions
- October 8, 2021: Panel Creates MDL 3014
- June 14, 2021: Philips Recalls Devices
- What Is the Philips A-Series BiPAP?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Potential Compensation
- Frequently Asked Questions
- Is There a Canadian A-Series BiPAP Lawsuit?
- Which A-Series BiPAP Models Does the FDA Call Ventilators?
- What Do the Lawsuits Against Philips Claim?
- What Does the Research Say About the Philips Foam?
Philips recalled the A-Series BiPAP A30, A40, Hybrid A30 and V30 Auto in June 2021. The PE-PUR sound abatement foam inside them may break down. Lawsuits allege users inhale or swallow foam particles or chemicals, causing injury.
The cases are part of MDL No. 3014 in federal court in the Western District of Pennsylvania, where Judge Joy Flowers Conti presides. Philips has agreed to settle economic loss, medical monitoring and personal injury claims.
The latest MDL order, dated September 9, 2026, approved an educational grant. Philips does not admit fault or liability in these cases, and the court has made no liability finding.
Latest Philips A-Series BiPAP Lawsuit Updates
September 9, 2026: Court Approves Educational Grant
On September 9, 2026, the U.S. District Court for the Western District of Pennsylvania approved an educational grant that the settlement administrator had recommended. The motion was unopposed.
Judge Joy Flowers Conti presides over MDL 3014 in this court. It is the consolidated litigation against Philips over the Philips A-Series BiPAP and other recalled devices.
September 2, 2026: Court Appoints Lead Counsel
On September 2, 2026, the court in MDL 3014 appointed lead counsel for the litigating plaintiffs. The order is Doc. 4372.
June 26, 2026: Court Dismisses 43 Plaintiffs
On June 26, 2026, the court dismissed the claims of 43 litigating plaintiffs. They had failed to follow an order to show cause. The ruling came about two months before the lead counsel appointment.
Philips RS North America LLC, a defendant in MDL 3014, had asked for the dismissal. The court granted that motion and entered the dismissal order.
March 7, 2026: Canadian Claims Deadline Passes
The claims deadline in the Canadian Philips CPAP class action partial settlement passed on March 7, 2026. Payments for approved claims were set to begin in May 2026, by e-Transfer or cheque [1].
The Canadian cases are John Morel v. Koninklijke Philips N.V. in British Columbia and Roy c. Respironics Inc. in Quebec. Both concern the same recalled devices.
January 20, 2026: Court Approves Fee Orders
On January 20, 2026, the court approved two fee requests from co-lead counsel. One covered how attorneys’ fees are split. The other covered common benefit fees and expenses for plaintiffs’ leadership.
The court also entered a superseding preservation order. It applies to devices held by plaintiffs’ leadership. The three orders are Docs. 4055, 4056 and 4057.
October 3, 2025: Court Dismisses Nonresponsive Plaintiffs
On October 3, 2025, the court dismissed with prejudice the claims of nonresponsive litigating plaintiffs. The order is Doc. 3620.
The court had approved the class settlement for medical monitoring claims about ten months earlier, in December 2024. The dismissal is a separate ruling.
December 5, 2024: Medical Monitoring Settlement Approved
On December 5, 2024, the court granted final approval of the medical monitoring class settlement in MDL 3014. The order also entered final judgment, an injunction and an order of dismissal.
April 29, 2024: Philips Announces $1.1 Billion Settlement
On April 29, 2024, Philips said that Philips Respironics agreed to pay a total of $1.1 billion. The payment resolves the personal injury litigation and the medical monitoring class action [2].
Philips did not admit fault or liability in the agreement. It made the announcement as part of its first-quarter 2024 results, which it released that day.
April 25, 2024: Economic Loss Settlement Approved
A Pennsylvania federal judge gave final approval on April 25, 2024 to a $506.3 million settlement of the economic loss claims, Law360 reported [3].
The deal covers economic loss claims only. Personal injury claims fall under a separate agreement, announced four days later. Both settlements are part of MDL 3014.
April 9, 2024: Consent Decree Entered
A federal district court entered a consent decree against Philips Respironics on April 9, 2024. The FDA reported the decree on its recall page [4]. The decree requires a Recall Remediation Plan.
September 7, 2023: Philips Agrees to Resolve Economic Loss Claims
On September 7, 2023, Philips announced an agreement to resolve the US economic loss class action litigation [5]. CBS News reported that the company agreed to pay at least $479 million [6].
June 28, 2022: Philips Updates Foam Testing
On June 28, 2022, Philips released an update on its testing of the PE-PUR sound abatement foam [7]. Philips said devices with self-reported ozone cleaning were 14 times more likely to show clear foam wear.
That was 777 of 11,309 devices (7%) against 164 of 36,341 devices (0.5%) with no reported ozone use, according to the company’s own testing.
February 2, 2022: Panel Transfers Three More Actions
The Judicial Panel on Multidistrict Litigation moved three more actions into MDL No. 3014 on February 2, 2022. They came from the Western District of Kentucky and the District of Massachusetts [8].
The transfer order gave the actions to Judge Joy Flowers Conti. She presides over the whole of MDL 3014 in the Western District of Pennsylvania.
October 8, 2021: Panel Creates MDL 3014
The Judicial Panel on Multidistrict Litigation created MDL No. 3014 on October 8, 2021. It placed the case in the Western District of Pennsylvania.
The case caption is In re Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation. The February 2022 transfer order cites that date and caption.
June 14, 2021: Philips Recalls Devices
Philips recalled certain CPAP, BiPAP and mechanical ventilator devices on June 14, 2021, including the A-Series BiPAP models. The reason was the PE-PUR sound abatement foam. The FDA’s list of recalled devices names four A-Series BiPAP models.
What Is the Philips A-Series BiPAP?
According to the FDA, BiPAP is short for bi-level positive airway pressure. It is also known as Bilevel PAP or BPAP. BiPAP machines are among the Philips devices recalled in June 2021.
NPR says BiPAP ventilators help with both breathing in and breathing out [9]. It says sleep apnea stops people from getting enough oxygen while they sleep.
Who May Be Affected?
People who used a Philips Respironics BiPAP, CPAP or ventilator device made between 2009 and April 26, 2021 may be affected. That includes the A-Series BiPAP A30, A40, Hybrid A30 (not marketed in the US) and V30 Auto.
The FDA says the foam breakdown may result from hot and humid conditions. Ozone cleaners or other cleaning methods the maker does not recommend may make it worse.
Users may be class members in the economic loss or medical monitoring settlements. NPR says the economic loss deal does not release personal injury or medical monitoring claims. An individualized legal review can show whether you qualify.
Reported Injuries or Damages
The FDA says that if the foam breaks down, black pieces of foam or chemicals you cannot see could be breathed in or swallowed. It says the reported problems could potentially result in serious injury.
Philips has acknowledged that, in a worst case, exposure to volatile organic compounds may cause possible toxic and carcinogenic effects. It may also cause irritation of the respiratory tract, eyes, nose and skin.
Philips said such exposure may also cause nausea or vomiting, hypersensitivity reactions, dizziness and headache. The Canadian class action alleges the foam can break into toxic particles, which could cause cancer, lung damage, inflammation, nausea and headaches.
As of April 2024, NPR reported that the FDA had received more than 116,000 medical device reports since April 2021. They included 561 reports of death that were reported or suspected to be related to the foam.
In a 2022 letter, the FDA told Philips the foam “may degrade and/or emit harmful chemicals.” It said this could result in “toxic and carcinogenic effects and other significant harms to device users.”
Recall and Regulatory Background
The FDA says the June 2021 recall affected 15 million devices worldwide. The PE-PUR sound-reducing foam in them can break down. A recall does not by itself establish liability.
Under the consent decree, patients receive a new or reworked device. For certain devices, they may choose a partial refund instead. Our Philips CPAP recall lawsuit page covers the recall in more detail.
Evidence to Preserve
Keep these items together in one safe place, even if you no longer use the device:
- The device model and serial number
- Purchase, rental or insurance records for the device
- Photographs of the device, the foam or any debris
- Medical records and diagnoses
- Records of how you cleaned the device, including any ozone cleaner
- Messages with Philips, your equipment supplier or the settlement administrator
Filing Deadlines
The time limit to file a claim is set by state law and by the rules of each settlement. Missing it can end a claim.
Your deadline depends on your state and on the dates of your exposure, illness, injury and diagnosis. Speak with a lawyer soon to learn which date applies to you.
Potential Compensation
A personal injury claim may seek money for medical bills and lost income. It may also seek money for pain and suffering, medical monitoring or a replacement device.
The economic loss deal includes $94.4 million for plaintiffs’ attorneys. A $25 million share of the personal injury agreement is for medical monitoring.
Each case is different, and results depend on the facts. Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation is never promised.
Frequently Asked Questions
Is There a Canadian A-Series BiPAP Lawsuit?
Yes, there is a Canadian A-Series BiPAP lawsuit, in two class actions, one in British Columbia and one in Quebec. Their claims deadline has passed. Health Canada recalled the products on June 23, 2021.
Which A-Series BiPAP Models Does the FDA Call Ventilators?
The FDA’s recalled-device list, current as of November 20, 2024, marks the A-Series BiPAP A40 and V30 Auto as ventilators. The A30 and Hybrid A30 appear on the same list without that label.
What Do the Lawsuits Against Philips Claim?
Lawsuits against Philips claim the company designed its CPAP machine poorly and sold it without appropriate warnings, NPR reported. The transfer order says the devices allegedly contain polyester-based polyurethane foam that may degrade.
What Does the Research Say About the Philips Foam?
The research on the Philips foam comes from the company and the FDA. Philips tested devices in 2022 and tied ozone cleaning to more foam wear. The FDA told Philips the foam could give off harmful chemicals.