Philips Respironics $445M Settlement for Recalled CPAP, BiPAP, and Ventilator Devices

Philips Respironics has agreed to pay $445,000,000 to settle a class action lawsuit for alleged Economic Loss Claims related to the purchase, lease, or rental of certain CPAPs, BiPAPs, and ventilators that were recalled beginning in June 2021. This settlement provides compensation to those who paid for these devices, offering various awards based on the type of device and actions taken by the users.

Who Benefits?: Individuals and entities residing in the United States, including military and diplomatic personnel stationed overseas, who either purchased, leased, rented, paid for (in whole or in part), or were prescribed a Recalled Device, or reimbursed a payment for a Recalled Device.

How much can I get?: The amount varies based on the type of device. Users can receive a Device Payment Award, a Device Return Award of $100, and/or a Device Replacement Award if they spent their own money to purchase a comparable device.

Important Dates

• Deadline to File a Claim: August 9, 2024
• Final Approval Hearing: April 11, 2024

Can I Claim an Award?

To be eligible for an award, you must be a natural person or entity residing in the United States, including its Territories and the District of Columbia, who either purchased, leased, rented, paid for (in whole or in part), or were prescribed a Recalled Device, or reimbursed a payment for a Recalled Device. The Recalled Devices include CPAPs, BiPAPs, and ventilators sold between 2008 and 2021.

Users who registered their Recalled Device in a Recall Program or enroll it in the Settlement and return it are eligible for awards. Payers, including insurers, self-funded employers, and other third-party payers, that reimbursed a payment for a Recalled Device, are also eligible for a Payer Award by submitting a Payer Declaration and Claim Form by August 9, 2024.

• Eligible Users: Individuals who purchased, leased, rented, paid for, or were prescribed a Recalled Device.
• Eligible Payers: Insurers, self-funded employers, and other third-party payers who reimbursed a payment for a Recalled Device.

What Awards Can Class Members Claim?

Class members can claim various awards based on their actions and the type of Recalled Device. The awards include Device Payment Awards, Device Return Awards, and Device Replacement Awards.

• Device Payment Awards: Range from $55.63 to $1,552.25 depending on the device model.
• Device Return Awards: $100 for each Recalled Device returned to Philips Respironics.
• Device Replacement Awards: For users who spent their own money to purchase a comparable Replacement Device on or after June 14, 2021, and before September 7, 2023.

Device Payment Awards

Device Payment Awards vary based on the specific model of the Recalled Device. For example, a basic CPAP machine (DreamStation CPAP) is less expensive than a full ventilator system (Trilogy 100/200), and the awards reflect this pricing.

• System One 50 Series ASV4 (Auto SV4): $469.14
• System One 50 Series Base: $69.14
• System One 50 Series BiPAP: $159.46
• System One 60 Series ASV4 (Auto SV4): $424.32
• System One 60 Series Base: $68.24
• System One 60 Series BiPAP: $152.70
• C-series S/T, AVAPS (C-series and C-series HT): $394.37
• DreamStation CPAP: $55.63
• DreamStation ASV: $379.50
• DreamStation ST, AVAPS: $329.05
• DreamStation BiPAP: $130.63
• DreamStation Go: $107.43
• E30: $453.83
• OmniLab Advanced Plus: $165.99
• Trilogy 100/200, Garbin Plus, Aeris LifeVent: $1,552.25
• V30 auto: $67.12

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Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. Users must provide the Serial Number of their Recalled Device and other information. If they do not still have their Recalled Device, they can obtain the Serial Number by referring to the paperwork received when they obtained the Recalled Device or by contacting the DME or other company where they obtained the Recalled Device.

• Device Payment Awards: Serial Number of the Recalled Device
• Device Return Awards: Proof of return of the Recalled Device
• Device Replacement Awards: Documentation of the amount paid to purchase, lease, or rent the Replacement Device

How to Claim Your Award

To claim your award, visit the official settlement website at . Users who registered their Recalled Device in a Recall Program do not need to submit a claim form but should confirm or update their contact information and choose their preferred payment option.

For all other Recalled Devices, users must submit a Device Payment Award Claim Form. Payers must submit a Payer Declaration and Claim Form supported by the required information and documentation.

$445,000,000 Settlement Fund

The settlement amount is $445,000,000, which will be used to compensate eligible users for Device Payment Awards and Device Return Awards. An additional $15,000,000 is allocated for Device Replacement Awards, and $34,000,000 is set aside for Payer Awards.

The settlement amount was calculated based on the number of Recalled Devices and the relative pricing of these devices. The Philips Defendants will also cover the costs to administer the settlement, attorneys' fees, and any Service Awards approved by the court.

Why is There a Class Action Settlement?

The class action settlement was reached to resolve Economic Loss Claims related to the defective noise-reducing foam used in the Recalled Devices. Philips Respironics announced the recall on June 14, 2021, and began the Recall Programs in September 2021 to replace certain Recalled Devices with remanufactured ones that do not include the challenged foam.

The settlement does not resolve claims for personal injury or medical monitoring, which continue to be litigated. The next steps include the final approval hearing on April 11, 2024, and the distribution of awards to eligible class members.