Philips'CPAP $479 Million Settlement
How to Claim Your Share: A Step-by-Step Guide to Navigating the Philips CPAP Settlement Process
What you get by achieving your goals is not as important as what you become by achieving your goals.
If you own a CPAP, BiPAP, or ventilator device recalled by Philips, you're not alone. Nearly 11 million such devices were recalled by the company in June 2021, and now Philips has agreed to pay at least $479 million to settle class-action claims. This article aims to provide comprehensive information about the proposed settlement, including who's covered, what devices are included, and how to claim your share of the settlement.
The proposed settlement, submitted to the court on September 7, 2023, aims to resolve certain claims from individuals and health insurers who paid, in full or in part, for devices equipped with sound-insulating polyester polyurethane foam that posed a health risk. The settlement, however, does not cover personal injury or medical monitoring claims.
Who's Covered?
The settlement covers all individuals or entities in the United States and its territories who bought, leased, rented, or were prescribed a recalled Philips device. This also includes those who reimbursed a user’s payment for a recalled device, such as insurers and self-funded employers.
Which Devices Are Covered?
The deal aims to cover the following recalled CPAP, BiPAP and ventilator devices:
System One 50 Series ASV4 (Auto SV4);
System One 50 Series Base;
System One 50 Series BiPAP;
System One 60 Series ASV4 (Auto SV4);
System One 60 Series Base;
System One 60 Series BiPAP;
C-series S/T, AVAPS (C-series and C-series HT);
DreamStation CPAP;
DreamStation ASV;
DreamStation ST, AVAPS;
DreamStation BiPAP;
DreamStation Go;
E30;
OmniLab Advanced Plus;
Trilogy 100/200, Garbin Plus, Aeris LifeVent; and
V30 auto.
What Does the Settlement Provide?
According to court documents, users who paid for a recalled device can receive a device payment award ranging from $55.63 to $1,552.25 per device. Those who return their recalled device to Philips will also be eligible for a $100 device return award. Philips will replenish the settlement fund as necessary, ensuring these cash payments will not be reduced.
The settlement also offers two-year extended warranties for users who receive a remanufactured device from Philips. Additionally, a fixed amount of $34 million will be available to health insurers and other “payers.”
How to Claim Your Share
1. Automatic Enrollment: If you've already registered your device with Philips' recall programs, you'll automatically receive a device payment and return award without needing to fill out a claim form.
2. Manual Enrollment: Visit the official settlement website, RespironicsCPAP-ELSettlement.com, to enroll a device that hasn't been registered. You'll need to provide the device’s serial number and your contact information.
3. Claim Form: If you want to claim a device replacement award, you must submit a claim form on the official settlement website or by mail.
When Will Payments Be Made?
Payments could begin as early as the first quarter of next year, according to Philips. An "accelerated implementation option" will allow eligible class members to receive their payment on an accelerated basis, even before the settlement receives final court approval.
Philips announced the recall of approximately 10.8 million devices on June 14, 2021, due to potential health risks. This led to a flurry of lawsuits, culminating in a settlement agreement on September 7, 2023, after surviving five dismissal attempts by Philips and 13 months of court-appointed mediation.
The Philips CPAP settlement is a significant development for millions of users and health insurers. While the settlement awaits preliminary court approval, staying updated and taking the necessary steps to claim your share is crucial.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney for legal advice.
