Recently, the Court has approved a proposed settlement with Philips Respironics for economic loss claims for all plaintiffs who purchased, leased, rented, paid for, or were prescribed a Philips Recalled CPAP, Bi-Pap or Ventilator Device in the United States between 2008 and 2021.¹ The period to make a claim (“Claim Period”) opens on December 11, 2023, leaving claimants with a limited amount of time to take action to accept the settlement.
A Settlement Claims website has been established for ease of all claimants. The full Settlement as well as the Claims Portal are available here:
A summary of the lengthy proposed Settlement reached between the parties includes:
What does the Settlement include?
This is a settlement of only the economic claims and not the personal injury claims, which may be settled at a later date and may provide a separate payment.
The Settlement includes payment of a minimum of $445 million into a Settlement Fund for device payments and return awards and up to an additional $15 million for device replacement awards. Awards range from $55.63-$1,552.25, based on the specific type of recalled device. The purchase, lease, or rental of multiple recalled devices qualifies the recipient to receive settlement payments.2
Additionally, the Settlement provides for $100 for each recalled device returned to Philips Respironics before the Claims Period Deadline (August 9, 2024). Returning multiple recalled devices will receive multiple return rewards. This amount is the same regardless of the type of machine in your possession. Philips will provide prepaid labels through a link that will be made available upon making a claim. Trilogy 100/200 device will require retrieval by a designated representative after a remanufactured device is installed.
Out-of-pocket expenses for a replacement device will also be considered for reimbursement under the Settlement if a comparable device was purchased on or after the date of the recall (June 14, 2021) and before September 7, 2023. However, a replacement award AND a return award for the same device is not permissible. The list of comparable devices is available on the Settlement website provided below.
Further, Philips will provide a two-year extended warranty on remanufactured devices. If elected, manufactured devices will be shipped directly to claimants as set up by a third party.
There are limitations on receipt of awards, including that if prior payment has been received for recalled devices through the Recall program with Philips, only the greater of that payment or the Settlement award, but not both, can be elected.
¹ Excluded from the Settlement Class are: (a) the Philips Defendants and their employees, officers, and directors; (b) the Judge, mediator and Special Masters assigned to the case; (c) individuals who have already released the Released Claims against one or more of the Philips Defendants pursuant to individual settlements or other resolutions; (d) Durable Medical Equipment (“DME”) providers; (e) federal government payers; and (f) Settlement Class Counsel. ² See Settlement documents for full criteria to determine eligibility.
What will happen next?
The Economic Claims Settlement Counsel, the Settlement Administrator (a third-party company) or Philips should reach out to you directly with information as to how to proceed via a notice letter sent to your physical address or by email, if they are aware of your right to make a claim. If you receive a notice directed to you, it will contain a claim ID number for you to enter in order to make a claim. It will be the responsibility of each claimant to make their own claim, unless your attorney or representative has told you otherwise, even if you do not receive notice by the parties involved.
How do I make a claim?
YOU CANNOT MAKE A CLAIM UNTIL DECEMBER 11, 2023. Between December 11, 2023 and August 9, 2024, a Settlement Website with claims portal will be available to submit your claim at the link provided supra.
Once the claim portal is available, you will need to enter either a claim ID (if contacted directly) or the serial number of your recalled device, provide or confirm information/documentation and choose your preferred method of payment. There will be a tab for information about device replacement awards and a place to download and print device return labels.
How will I be compensated?
All funds should be paid directly to you through the method you select. The Court has appointed an Economic Claims Settlement Counsel that has negotiated this settlement with Philips. They will be compensated directly from Philips and will not be paid from your recovery.
Does this settlement mean the case is over?
By accepting this payment, you will release Philips and their successors and assigns from liability for the recalled machine itself. It will not resolve any claims for personal injury or medical monitoring. Those claims remain active before the Court.
YOU MUST ACT IMMEDIATELY UPON NOTICE THAT THE SETTLEMENT HAS BEEN APPROVED. The claim period begins on December 11, 2023 and runs until August 9, 2024. If you do not act within this time, you will lose any opportunity to claim these economic recoveries.
What if I have further questions?
Claims Counsel has created a Settlement Hotline that may provide you with the answers to your questions. At any time you can call 1-855-912-3432 to speak to a Settlement Specialist.
If you have specific questions regarding your device, including if you are waiting on a refurbished device or your device is having issues, you can call Philips Respironics Device Hotline at 833-262-1871 or through their website, http://www.philips.com/src/update/support).
The attorneys and staff at Romano Law Group are helping their clients with the Philips Respironics claim period process. If you believe that you are entitled to compensation under this Settlement, do not hesitate to reach out to determine how we can assist you.
Authored by Marjorie Levine, Esq.