The Philips CPAP Settlement Guide: Understanding the Two Tracks and How to File

The Two Settlement Tracks — Side by Side

Can I File for Both?

Yes — and this is the most important thing many affected users don't know. The two tracks are legally separate claims covering different types of harm.

• Economic loss arises from purchasing a defective product — you were sold a device that turned out to be worthless or dangerous
• Personal injury arises from the physical harm caused by using that defective device

Filing for economic loss does not waive your personal injury claim, and vice versa. An attorney can help you pursue both tracks simultaneously.

Track 1: Economic Loss — What You Need

Who Is Eligible

• You purchased or received a recalled Philips device for personal use
• Your device is on the recall list (see Affected Devices)
• You have not already received a full refund or working replacement for your device

What You May Recover

• Compensation for the diminished or lost value of your recalled device
• Out-of-pocket costs for replacement CPAP equipment
• Other economic losses stemming from device defect

Documentation That Helps

• Prescription for the Philips CPAP/BiPAP
• Insurance EOB or purchase receipt showing device acquisition
• DME supplier records
• Philips recall registration confirmation
• VA records (for veterans)

Track 2: Personal Injury — What You Need

Who Is Eligible

• You used a recalled Philips CPAP, BiPAP, or ventilator
• You have been diagnosed with a qualifying medical condition
• There is a temporal relationship between your device use and health condition
• You are within the applicable statute of limitations (discovery rule may apply)

Qualifying Injury Categories

The personal injury settlement includes tiered injury categories. Generally, the more severe the injury and stronger the causal connection, the greater the potential compensation. Priority injuries include:

• Cancers: lung, kidney, liver, bladder, throat, nasal/sinus cancers
• Respiratory damage: RADS, pulmonary fibrosis, severe COPD exacerbation
• Pneumonia and other serious respiratory infections
• Other conditions with documented causal connection to foam exposure

Documentation That Helps

• Medical records confirming diagnosis and approximate onset date
• Records showing duration of Philips CPAP use
• Physician records noting the temporal connection
• Any prior adverse event reports filed with FDA or Philips

The Claims Process — Step by Step

1. Verify your device is recalled — Check the affected devices list and your serial number
2. Consult a mass tort attorney — An attorney experienced in MDL 3014 can evaluate both tracks for your situation at no upfront cost
3. Gather documentation — Medical records, device records, prescriptions, insurance EOBs
4. File your claims — Your attorney manages the filing process with the settlement administrators for each track
5. Claims evaluation — The settlement administrators evaluate your documentation and determine award amounts
6. Distribution — Awards are distributed through the settlement fund; timelines vary

Deadlines — Why You Shouldn't Wait

Settlement participation deadlines and state statute of limitations deadlines are real. Key considerations:

• State SOL varies — From 1 year (Tennessee, Kentucky) to 6 years (Maine, North Dakota)
• Discovery rule: For most users, the clock started in June 2021 (when Philips announced the recall) — meaning 2-year SOL states may have deadlines in or after June 2023. However, this depends on individual circumstances.
• Settlement enrollment deadlines — The settlement programs have their own participation deadlines that may differ from state SOL
• Earlier is better — Earlier enrollment typically gives attorneys more time to build your claim and gives you more options

Check your state's specific deadline: State-by-State SOL Guide →