Published by C.L. Mike SchmidtSchmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
If you or a loved one experienced cancer or respiratory issues following the use of a recalled Philips CPAP machine, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective CPAP devices containing dangerous PE-PUR foam.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark today for a free, no-obligation consultation.
CPAP Cancer Lawsuit Overview
CPAP cancer lawsuits focus on Philips Respironics sleep apnea machines that contain polyester-based polyurethane (PE-PUR) sound abatement foam, which can break down and release potentially carcinogenic particles and gases directly into users' airways.
The litigation alleges that Philips failed to warn users about these serious health risks despite knowing about the problem.
In June 2021, Philips recalled approximately 3-4 million CPAP, BiPAP, and ventilator devices, with an estimated two-thirds sold in the United States.
The FDA has classified this as a Class I recall, its most serious classification, stating these issues "can result in serious injury, which can be life-threatening, cause permanent impairment, and require medical intervention to prevent permanent damage."
Latest CPAP Lawsuit Updates
March 2025 – A multi-district litigation (MDL) judge approved a settlement framework for qualifying Philips CPAP cancer cases, with preliminary compensation estimates ranging from $100,000 to $500,000 for serious cancer diagnoses with strong evidence of causation.
January 2025 – FDA issued new safety warnings after independent testing confirmed that the replacement foam Philips planned to use in recalled CPAP machines may also pose cancer risks, particularly for lung and liver cancers, further complicating the litigation landscape.
October 2024 – The first bellwether trial resulted in a $15 million verdict for a plaintiff who developed bladder cancer after using a recalled Philips Respironics DreamStation CPAP machine for four years, setting an important precedent for thousands of pending cases.
CPAP Usage and Health Risk Statistics
Key statistics regarding CPAP machine usage and associated health concerns:
- An estimated 22 million Americans suffer from moderate to severe sleep apnea [1]
- Approximately 3-4 million Philips CPAP, BiPAP, and ventilator devices were recalled globally, with two-thirds (approximately 2 million) sold in the United States
- The FDA has received over 21,000 medical device reports (MDRs) associated with the PE-PUR foam breakdown in recalled devices, including 124 reports of death [2]
- Philips recalled 17 different models of CPAP and BiPAP devices manufactured before April 26, 2021
- Laboratory testing has confirmed that degraded PE-PUR foam releases several harmful chemicals, including toluene diamine, toluene diisocyanate, diethylene glycol, and dimethyl diazene
Related Article: Philips CPAP Machine Recall Lawsuit Update
“These issues can result in serious injury, which can be life-threatening, cause permanent impairment, and require medical intervention to prevent permanent damage.” the U.S. Food and Drug Administration said in its Safety Communication
CPAP-Related Cancer Types & Side Effects
The PE-PUR foam in recalled Philips CPAP machines can break down and release particles and gases that may cause a range of health issues from mild irritation to life-threatening conditions and cancer.
Cancer types potentially linked to recalled Philips CPAP machines include:
- Respiratory Cancers: Lung cancer, nasal cancer, throat cancer, and other respiratory tract cancers from direct inhalation of carcinogenic particles
- Blood Cancers: Non-Hodgkin's lymphoma, multiple myeloma, leukemia, and other hematopoietic cancers potentially caused by systemic exposure to toxic chemicals
- Organ Cancers: Liver cancer, kidney cancer, bladder cancer, stomach cancer, pancreatic cancer, and prostate cancer that may develop as the body processes toxic substances
- Brain Cancer: Neurological cancers potentially linked to long-term exposure to carcinogenic compounds
- Other Cancers: Breast cancer, thyroid cancer, rectal cancer, testicular cancer, and papillary carcinoma have also been reported in CPAP users
Non-cancer symptoms of exposure to CPAP foam particles include:
- Respiratory Issues: Irritation of airways, chest pressure, difficulty breathing, asthma, reactive airway disease (RAD), respiratory failure, and acute respiratory distress syndrome (ARDS)
- Inflammatory Reactions: Skin, eye, nose, ear, and throat inflammation, airway inflammation, and sinus inflammation
- Systemic Symptoms: Headaches, dizziness, nausea, vomiting, hypersensitivity, and cognitive difficulties
- Serious Complications: Chemical poisoning, heart attack, heart failure, pleural effusion, and pneumonia
Do You Qualify for a CPAP Lawsuit?
You may qualify for a CPAP lawsuit if:
- You used one of the recalled Philips CPAP, BiPAP, or ventilator devices for at least six months
- Your device was manufactured before April 26, 2021
- You have been diagnosed with cancer or experienced serious respiratory problems after using the device
- Your diagnosis occurred while using the device or within a reasonable time after discontinuing use
- You have no significant history of the diagnosed condition prior to using the CPAP device
- You file your claim within your state's statute of limitations period
Evidence Required for a CPAP Lawsuit
To strengthen your CPAP cancer lawsuit, you'll need:
- Proof of purchase or medical records showing you used a recalled Philips device
- The model and serial number of your CPAP machine
- Documentation of how long and how frequently you used the device
- Medical records confirming your cancer diagnosis or respiratory condition
- Evidence connecting your health issues to CPAP use (your attorney can help establish this link)
Damages You Can Recover
If you've been diagnosed with cancer or other serious health conditions from using a recalled CPAP machine, you may be entitled to compensation for:
- Medical Expenses: Coverage for hospital stays, doctor appointments, medications, surgeries, and ongoing treatments
- Lost Wages: Compensation for income lost due to your illness and inability to work
- Loss of Future Earnings: Damages for reduced earning capacity if you cannot return to your previous employment
- Pain and Suffering: Compensation for physical pain and emotional distress caused by your condition
- Punitive Damages: Additional compensation that may be awarded in cases where the manufacturer showed particularly egregious conduct
Philips CPAP Recall Information
On June 14, 2021, Philips issued a recall of approximately 3-4 million CPAP, BiPAP, and ventilator devices due to potential health risks associated with the PE-PUR sound abatement foam used in these products. The recall affects devices manufactured before April 26, 2021.
The recall includes 17 different device models:
- DreamStation CPAP and BiPAP devices
- DreamStation Go CPAP devices
- Dorma 400 and 500 CPAP devices
- REMStar SE Auto CPAP machines
- Trilogy 100 and 200 ventilators
- A-Series BiPAP V30 Auto ventilator
- Several other continuous and non-continuous ventilators
Philips initially stated they would replace or repair affected devices within one year of the recall announcement.
However, concerns have since emerged about the safety of the replacement foam, further complicating the remediation process.
Statute of Limitations for CPAP Lawsuits
The time limit for filing a CPAP lawsuit varies by state, typically ranging from 1-6 years from when you discovered or should have reasonably discovered your injury.
Most states apply the "discovery rule," meaning the statute of limitations begins when:
- You were diagnosed with cancer or another serious condition
- You learned that your condition might be connected to your CPAP device
- You became aware of the Philips CPAP recall
Because these deadlines vary by jurisdiction and circumstances, it's critical to consult with an attorney as soon as possible after diagnosis to ensure your legal rights are protected.
Related Articles:
- Philips Dorma CPAP Machines Recall
- Philips Respironics DreamStation Recall Suit
- REMStar SE Auto Recall Suit
See all related medical device lawsuits our attorneys covered so far.
FAQs
1. Can CPAP machine users seek legal compensation for cancer diagnoses?
Yes, CPAP machine users diagnosed with cancer may seek legal compensation by filing lawsuits against manufacturers, particularly Philips, alleging failure to warn about potential risks and defects in the devices. The strongest cases involve recalled devices and diagnoses of specific cancer types with established potential links to PE-PUR foam degradation.
2. What steps are being taken to ensure the safety of CPAP machines?
Steps include rigorous testing, FDA oversight, recalls of defective devices, and ongoing research to identify and mitigate health risks associated with CPAP machine use. Manufacturers are now exploring alternative sound abatement technologies that don't pose the same risks as polyurethane foam.
3. What if I have been diagnosed with cancer and I've used a recalled sleep or ventilation device?
If you've been diagnosed with cancer and have used a recalled sleep or ventilation device, you should consult with a specialized attorney immediately to evaluate your eligibility for a CPAP lawsuit. Preserve all evidence related to your device purchase and use, and ensure your medical records document your CPAP usage history.
4. What should I do if my sleep apnea device has been recalled?
If your sleep apnea device has been recalled, you should stop using it immediately and consult your doctor for an alternative treatment plan. Register your device with Philips through their recall website, preserve the device as potential evidence, seek medical evaluation for any symptoms, and contact an attorney to understand your legal options.
5. Why is PE-PUR foam in Philips CPAP machines dangerous?
PE-PUR foam in Philips CPAP machines is dangerous because when it degrades, it releases harmful chemicals including toluene diamine (used for dyes and explosives), toluene diisocyanate (toxic when inhaled), diethylene glycol (skin irritant and toxic), and dimethyl diazene. These chemicals are directly delivered into users' airways during therapy, potentially causing respiratory issues and various forms of cancer.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action against Philips for injuries related to recalled CPAP devices. Depending on your state's laws, you may have as little as one year from discovering your injury to file a claim.
At Schmidt & Clark, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or out-of-pocket expenses
- Payment only if we win your case
- Experienced attorneys who understand the complex science behind CPAP-related injuries
Don't wait until it's too late to seek the compensation you deserve. The first step toward justice is understanding your legal options.
Start Your Free Case Review Now
References:
1. https://cpapsupplies.com/blog/sleep-apnea-statistics#:~:text=50%2D70%20million%20US%20adults,standard%20for%20sleep%20apnea%20treatment.
2. http://www.fda.gov/medical-devices/safety-communications/update-certain-philips-respironics-ventilators-bipap-machines-and-cpap-machines-recalled-due