Philips CPAP Lawsuit: Settlements and What Remains (2026)
Litigation Settled – We Are Not Accepting New Philips CPAP Cases
Status: Settled – injury and medical monitoring settlements became final in January 2025
Docket: MDL No. 3014, In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation
Court: U.S. District Court for the Western District of Pennsylvania, Senior Judge Joy Flowers Conti
Defendant: Philips RS North America LLC and affiliated Philips companies
Financial outcome: $1.1 billion for injury and medical monitoring claims, plus at least $479 million for economic losses
Article Summary
- Users claimed foam inside recalled Philips breathing machines broke down into harmful particles and gas.
- The injury settlement closed to new sign-ups in January 2025, and Philips paid it in full by mid-2025.
- Cases that did not settle now hinge on a ruling about whether the foam can cause the claimed illnesses.
In June 2021, millions of people who relied on a Philips machine to breathe at night learned the device itself might be putting them at risk. A foam part meant to muffle noise could crumble and release particles and gases into the air they inhaled. What followed turned into one of the largest medical device fights in the country, with a federal consent decree, three separate settlements, and hundreds of cases that are still moving through court today.
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Major Developments in the Lawsuit History
- September 2, 2026: Judge Conti appointed Patrick W. Pendley as lead counsel for the plaintiffs still pursuing injury claims outside the settlement.
- September 1, 2026: The latest JPML report listed 624 cases still pending in MDL No. 3014, out of 1,033 filed over the life of the litigation.
- June 26, 2026: The court permanently dismissed 40 cases from plaintiffs who failed to answer an order asking why their claims should go on.
- April 21, 2026: A new scheduling order set deadlines for expert challenges on whether the devices can cause the claimed illnesses, with final briefs due October 15, 2026.
- July 29, 2025: Philips reported paying both settlements in full during the first half of 2025, a cash outlay of EUR 1,025 million.
- January 31, 2025: The injury settlement registration deadline passed – eligible claimants had to register by this date to receive a payment.
- December 5, 2024: The court granted final approval to the medical monitoring class settlement and dismissed those claims.
- April 29, 2024: Philips agreed to pay $1.1 billion to resolve U.S. injury claims and the medical monitoring class action, without admitting fault.
- April 25, 2024: The court approved the economic loss settlement for people who paid for recalled devices.
- June 14, 2021: Philips issued a recall notice for certain CPAP, BiPAP, and ventilator devices after testing showed the sound-dampening foam could break down.
What the Case Was About
The Philips CPAP lawsuit centered on one part hidden inside Philips Respironics sleep and breathing machines. CPAP and BiPAP machines push air through a mask to keep the airway open during sleep, and ventilators help people who cannot breathe well on their own. To keep these devices quiet, Philips lined many of them with polyester-based polyurethane foam, known as PE-PUR.
According to Philips, that foam could break into small particles or release chemical gases that users might swallow or inhale. The company listed possible risks such as headache, irritation, inflammation, breathing problems, and possible toxic and cancer-causing effects. Heat, humidity, and unapproved cleaning methods like ozone could speed up the breakdown.
The recall covered about 15 million devices worldwide, and the FDA labeled it a Class I recall – its most serious category. Users sued on three fronts: people who became ill sought payment for their injuries, buyers wanted money back for machines they could no longer safely use, and a class of users asked for help paying for future health checks.
How the Federal Cases Were Combined
With similar suits piling up across the country, a federal panel sent them to one judge on October 8, 2021. The combined case became MDL No. 3014, In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, in the Western District of Pennsylvania. Senior U.S. District Judge Joy Flowers Conti has overseen it from the start.
An MDL, short for multidistrict litigation, is not a class action. Each person keeps their own lawsuit, but the cases share evidence gathering and pretrial rulings. The defendants were Philips RS North America LLC, Koninklijke Philips N.V., Philips North America LLC, Philips Holding USA, Inc., and Philips RS North America Holding Corporation.
As of September 1, 2026, the JPML counted 624 active cases in MDL No. 3014 and 1,033 filed in total. That count covers federal lawsuits only.
Philips CPAP Lawsuit Settlements
Philips resolved the litigation through three separate lawsuit settlements, each covering a different type of claim.
Economic Loss Settlement
The first deal went to buyers. Announced on September 8, 2023, it committed a minimum of $479 million to people who purchased recalled machines, plus $15 million to help them replace devices. It covered money losses only, not injuries. The court gave final approval on April 25, 2024.
Medical Monitoring Settlement
The second deal covered U.S. users of recalled devices sold between 2008 and 2021. Under the court-approved class notice, Philips paid $25 million into a fund for a 15-year Medical Advancement Program. Class members could not opt out, and the deal did not release anyone's personal injury claims.
Personal Injury Settlement
The largest piece resolved injury claims. The April 2024 agreement set aside $1.1 billion in total for the injury and medical monitoring claims, and Philips did not admit that its devices caused any harm. The master settlement agreement, signed on May 9, 2024, set up a private payment program that runs outside the courtroom.
To qualify, claimants generally had to appear on court identification lists by June 21, 2024, and register by January 31, 2025. Both the injury and medical monitoring deals became final in January 2025, and Philips said it paid them in full during the first half of that year.
The FDA Consent Decree
Regulators acted on a separate track. On April 9, 2024, a federal court entered a consent decree – a court-enforced agreement – against Philips Respironics. It limits production and sales at the company's facilities in Pennsylvania and California until Philips meets FDA requirements, and it calls for independent testing of the replacement foam.
In mid-2025, Philips also reported that a U.S. Department of Justice investigation tied to Respironics was still ongoing.
What Happens to the Cases That Did Not Settle
Not everyone joined the settlement. People who kept their own suits, called Litigating Plaintiffs, now face a key test: showing that the foam can cause their illnesses at all. Lawyers call this general causation.
Under the April 2026 order, challenges to each side's causation experts were due August 27, 2026, with responses due September 24 and replies due October 15. The judge will then decide whether the plaintiffs' experts meet federal evidence rules. The same schedule covers whether U.S. courts can hear claims against the parent company, Koninklijke Philips N.V. Cases of plaintiffs who did not meet the court's paperwork rules by May 15, 2026 are on hold until those rulings.
The court has held plaintiffs to its deadlines. In June 2026, it closed 40 cases for good after the plaintiffs ignored an order, and in September 2026 it put one lead lawyer in charge of shared pretrial work for those still litigating.
Timing matters for anyone who never filed. Each state sets a deadline to sue, called a statute of limitations, and the clock often starts when a person learns about an injury and its likely cause. With the recall public since 2021, many of those deadlines may already have passed.
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Frequently Asked Questions
Partly. All three settlements are final, and Philips paid the injury and medical monitoring deals in 2025, but 624 federal cases were still pending as of September 1, 2026. Those plaintiffs are waiting on a ruling about whether the foam can cause their illnesses.
Philips agreed to pay $1.1 billion for personal injury and medical monitoring claims and at least $479 million for economic losses tied to recalled CPAP, BiPAP, and ventilator devices.
No. The personal injury program required registration by January 31, 2025, and the medical monitoring and economic loss class settlements are already final. Anyone outside those programs would need a separate lawsuit, subject to state filing deadlines.
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