What Type of Cancer Does CPAP Cause?

1. Which Philips sleep apnea devices have been recalled?

The following sleep apnea devices were voluntarily recalled by Philips on June 14, 2021:¹

Type of Philips device (made from 2009 to April 29, 2021)	Recalled models (all serial numbers)
Continuous Ventilator, Minimum Ventilatory Support, Facility Use	E30 (Emergency Use Authorization)
Continuous Ventilator, Non-life Supporting	DreamStation ASV DreamStation ST, AVAPS SystemOne ASV4 C-Series ASV C-Series S/T and AVAPS OmniLab Advanced+
Noncontinuous Ventilator	SystemOne (Q-Series) DreamStation DreamStation Go Dorma 400 Dorma 500 REMstar SE Auto
Continuous Ventilator	Trilogy 100 Trilogy 200 Trilogy EVO Garbin Plus, Aeris, LifeVent
Continuous Ventilator, Minimum Ventilatory Support, Facility Use	A-Series BiPAP Hybrid A30 (not marketed in US) A-Series BiPAP V30 Auto
Continuous Ventilator, Non-life Supporting	A-Series BiPAP A40 A-Series BiPAP A3

2. What is the reason for the recall?

The recently-recalled Philips CPAP, BiPAP and ventilator devices are defective. Its PE-PUR (polyester-based polyurethane) sound abatement foam disintegrates and off-gases volatile organic compounds (VOCs). And the DreamStation 1 emits the carcinogen formaldehyde.²

3. Are there non-cancer side effects?

Shouse Law Group is also accepting Philips sleep apnea device victims diagnosed with such non-cancer complications and side effects as:

• Acute kidney injury (AKI),
• Acute liver injury,
• Chronic asthma,
• Chronic bronchitis,
• Interstitial lung disease (ILD),
• Liver disease (acute liver injury only),
• Pulmonary fibrosis,
• Recurrent pneumonia (4 or more times in one year),
• Sarcoidosis,
• Scarring of lungs, or
• Severe or chronic asthma.

But we are no longer accepting cases involving only acute inhalation injury or respiratory failure.³

4. What are my legal claims?

Users of recalled sleep apnea devices who developed cancer can sue Philips for:

1. Making a defective product;
2. Selling a product with manufacturing defects;
3. Failing to warn consumers about the cancer risks;
4. Consumer fraud / deceptive trade practices; and
5. Fraudulent concealment.

5. Is this a class action?

No. But all the plaintiffs’ individual lawsuits are being consolidated into an MDL (multi-district litigation). As with a class action, MDLs expedite the litigation and settlement process. But unlike with class actions, MDLs allow for each plaintiff’s lawsuit to remain separate.

The name of the Philips CPAP MDL – which is out of the U.S. District Court, Western District of Pennsylvania – is In Re: Philips Recalled CPAP, BI-LEVEL PAP, and Mechanical Ventilator Products Liability Litigation (MDL # 3014). The case is being presided over by the Honorable Joy Flowers Conti. As of December 1, 2021, the MDL contained 127 cases – but tens of thousands more are expected to join.⁴

6. How large will the settlements be?

No amount of money can make up for a cancer diagnosis. Depending on the case, plaintiffs’ lawyers are pursuing six- or seven-figure payouts. Settlements are meant to reimburse plaintiffs for:

• Past and anticipated future medical bills, including surgeries, chemotherapy, and other treatments and medications;
• Lost wages from being too sick to have a job;
• Loss of future earnings from being too sick to have a job;
• Pain and suffering; and/or
• Other compensatory damages.

If the case cannot settle and goes to trial, then plaintiffs’ attorneys can also ask the court to award punitive damages. In practice, punitive damages are usually much bigger than compensatory damages. The reason for punitive damages would be to punish Philips for its harmful behavior and to deter the company from ever doing it again.

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