Three years after one of the largest medical device recalls in history, the fallout – health-wise and financial – continues to impact many patients with sleep apnea. Now a critical deadline is approaching for anyone who purchased specific Philips CPAP machines between 2008 and 2021.
As a firefighter for 22 years, Tom Lynch’s focus has always been helping others – until he was diagnosed with sleep apnea.
For years, he depended on his Philips DreamStation and portable DreamStation Go CPAP machines to get through the night.
“I bought it because it was quiet,” Lynch said.
But in 2021, Philips issued a global recall of Lynch’s CPAP machine and several other models – 15 million in total, all sold between 2008 and 2021.
Foam used to suppress noise in the machines can break down and pose a serious health risk, according to the Food and Drug Administration. Since 2021, the agency said it has received more than 116,000 injury reports related to the machines, including 561 reports of death.
It was “very disheartening” for Lynch, he said, since he heard about it a whole six months after the recall began.
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“They said that you could breathe it, it’ll get into your lungs and it’s actually a carcinogen, so it could give you lung cancer,” Lynch said.
Earlier this year, Philips agreed to a $1.1 billion deal to settle claims from people injured by its CPAP machines.
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In September 2023, Philips reached a $479 million settlement as part of an economic loss class action suit. As a result, people who purchased defective Philips product were able to return their machines and receive device payment awards. More information is available on the official settlement website: https://www.respironicscpap-elsettlement.com/.
Through that settlement, impacted CPAP users could receive $100 if they returned their recalled machines to Philips. The company also said it would reimburse users who had to purchase a replacement machine, like Lynch.
Lynch said he had to spend $1,200 on his new machine. It’s now been a year since he filed his claims and sent both his machines back to Philips, but Lynch said he still hasn’t seen a penny of what was promised – about $1,400.
“A lot of families just had to be hammered, which is why I wrote to you guys, ‘cause I saw everything else going on, and it didn’t seem like anybody cared,” Lynch said.
In a statement, Philips told NBC 5 Responds the following:
“Philips Respironics continues to prioritize completing the remediation of the sleep and respiratory devices under Respironics’ voluntary June 2021 recall. More than 99% of the actionable registered CPAP and BiPAP sleep therapy devices have been remediated globally.”
Philips then reached out to Lynch and told him payments will begin later this summer, but they’re unable to provide an exact date.
“I hope everybody gets taken care of,” Lynch said. “If somebody got sick because of it, I hope they pay their medical bills.”
In April, a federal court issued a consent decree against Philips, which restricts the production and sale of new Philips CPAP machines across the country. The company is also paying $25 million for medical monitoring – funding research into treating CPAP users who were significantly injured by the machines.
NBC 5 Responds will continue to follow up with Philips about a timeline on those cash reimbursements.
For more information on how to apply for a cash settlement award or reimbursement visit: https://www.respironicscpap-elsettlement.com/.
