Did your business purchase, lease, rent or reimburse a payment for a Philips CPAP, BiPAP or Ventilator Machine that was recalled by Philips RS North America LLC? If so, your business may be eligible to receive recovery from a new $501.5 million settlement, with an August 9, 2024, deadline.
Case Background
A settlement valued at $501.5 million minimally, has been created for individuals and entities who claimed to have suffered economic losses with respect to the approximately 10.8 million CPAP, BiPAP, and ventilator machines containing polyester polyurethane ("PE-PUR") foam that were recalled by Philips RS beginning in June 2021.
Settlement Details
Settlement Fund: $467.5 million for "Users" and $34 million for "Payers"
Claim Filing Period Opens: December 8, 2023
Claim Filing Deadline: August 9, 2024
Who is Eligible?
The settlement fund is split between the two groups of class members-Users and Payers. The settlement fund for Payers is capped at $34 million, however, the funds available for Users is not capped, and is estimated to minimally be worth $445 million.
Eligible “Users”: All persons or entities (individual or business) in the United States (including its Territories) and the District of Columbia that purchased, rented, or paid (in whole or part), or were prescribed a Recalled Device.
Durable Medical Equipment (“DME”) providers are excluded from the Settlement Class.
Eligible “Payers”: All entities in the United States (including its Territories) and the District of Columbia that reimbursed (in whole or part) a User’s payment to purchase, lease, rent, or otherwise pay for a Recalled Device, including insurers, self-funded employers, and other third-party payers.
What Recalled Devices are included?
C-series S/T, AVAPS (C-series and C-series HT);
DreamStation ASV;
DreamStation BiPAP;
DreamStation CPAP;
DreamStation Go;
DreamStation ST, AVAPS;
E30;
OmniLab Advanced Plus;
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;
Trilogy 100/200, Garbin Plus, Aeris LiveVent; and
V30 auto
What Recovery Options are available?
Payers do not need to provide MCAG with additional information at this time. However, if your organization receives a claim form, please forward it to an MCAG representative.
Users have several options they can take to receive financial recovery in addition to receiving assistance with returning their recalled devices. Please reach out to an MCAG representative to discuss your options.
Register in MCAG's Settlement Recovery Service
If you are interested in MCAG pursuing a claim to this settlement on your behalf, please contact one of our representatives at 800-355-0466. There are no upfront fees for this service. MCAG aligns its incentives with yours and charges a percentage of any recoveries obtained on your behalf. Services include all the data analysis necessary to determine eligibility, document preparation, claims filing, recovery and reconciliation for enrolled customers. If no money is recovered for your organization from the Settlement(s), then MCAG will not charge or retain a fee.
MCAG is not the Settlement/Class Administrator, and this is not the official settlement website. For additional information on the PHILIPS RESPIRONICS RECALLED CPAP, BI-LEVEL PAP, AND MECHANICAL VENTILATOR PRODUCTS LITIGATION (Case No: 2:21-mc-01230-JFC), please visit the official settlement website:
www.RespironicsCPAP-ELSettlement.com.
Need more information? Call MCAG at 1-800-355-0466 to learn more or CLICK HERE to complete our contact form and an MCAG representative will respond shortly.
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