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The claims filing period for the Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator economic loss class action settlement is now officially open. Claimants including patients and medical providers who purchased, rented, or leased recalled devices, as well as payers who provided reimbursements for those payments are eligible to receive compensation during the claims filing period, which runs from December 11, 2023, through August 9, 2024.
This uncapped settlement, which was negotiated by Seeger Weiss partner Chris Seeger, who serves as co-lead counsel in the consolidated multidistrict litigation, is prefunded with $479 million and addresses economic loss claims arising from Philips’ recall of 10.8 million breathing assistance machines sold in the United States from 2008-2021. Claims for medical monitoring and personal injury are expressly excluded under the terms of the settlement and those claims continue to be litigated.
Under the terms of the settlement, individual compensation varies based on the specific device(s) purchased, with payment awards ranging from $55 to $1,552 per recalled device. Additionally, users and payers will receive a $100 reward for each returned recalled device to Philips. Device replacement awards are available to cover the cost of new machines purchased out of pocket before the settlement. All users are eligible to receive extended warranties from Philips on remanufactured devices provided through the recall.
Class members who registered for the recall before September 7 and returned their devices to Philips or their durable medical equipment (DME) providers are entitled to automatic payments of settlement benefits and will not need to file a claim. To check eligibility and obtain instructions on the necessary steps to receive a payment, please visit the official settlement website: https://www.respironicscpap-elsettlement.com/.
One of the nation’s preeminent plaintiffs’ law firms, Seeger Weiss is best known for multidistrict mass torts and class actions in both state and federal court—and especially for taking those cases to trial. With the resources and dedication to take on the world’s largest corporations, the firm has an impressive track record of victories against companies like Merck, Monsanto, and 3M—and a reputation for sticking with a case from beginning to end. From offices in New York, New Jersey, Pennsylvania, and Massachusetts, the firm has represented over 10,000 individuals, companies, and governments across the United States who have been injured or defrauded on a massive scale. Since its founding in 1999, it has led many of the most complex and high-profile cases in the country: the National Prescription Opiate Litigation, which the Washington Post called “the largest federal court case in U.S. history”; the ongoing “Dieselgate” scandal; the sprawling multistate litigation on behalf of survivors of child sexual abuse; and the history-making National Football League Players’ Concussion Injury Litigation.