Content Reviewed By

Reviewed by a board-certified physician (Medical) · Reviewed by a licensed attorney specializing in mass tort litigation (Legal)

Home › States › West Virginia

West Virginia Philips CPAP Recall Settlement Guide

Updated April 2026

West Virginia At a Glance

  • Statute of Limitations: 2 years
  • SOL Rule Type: Discovery rule
  • State Bar: West Virginia Bar Association →
  • SOL Notes: West Virginia has a 2-year statute of limitations for product liability claims. West Virginia courts apply the discovery rule for latent injury claims from defective medical devices.

⚠ Time-Sensitive: West Virginia has a 2-year statute of limitations for product liability claims. West Virginia courts apply the discovery rule for latent injury claims from defective medical devices.

The Dual-Track Settlement and West Virginia Residents

If you used a recalled Philips CPAP or BiPAP device and live in West Virginia, you may be eligible for both settlement tracks:

  • Economic Loss Track ($445M): For owning a recalled device. Available regardless of whether you experienced health problems. Your device is now worthless or diminished in value — that's compensable.
  • Personal Injury Track ($1.1B): For West Virginia residents who developed health conditions — cancer, respiratory damage, or other conditions — from foam particle and chemical exposure during CPAP use.

The Discovery Rule in West Virginia

West Virginia applies the discovery rule to product liability claims, which is critically important for Philips CPAP claimants. Many users had no idea their health problems were connected to their CPAP device until the June 2021 recall announcement — or even later, when they connected a health diagnosis to their CPAP history. Under West Virginia's discovery rule, the 2-year clock may have started in June 2021 or when you first made the connection, not when you first used the device or when health problems began to appear.

Frequently Asked Questions — West Virginia

How long do I have to file a Philips CPAP recall claim in West Virginia?
West Virginia product liability claims are generally evaluated under a 2-year limitations framework. However, the discovery rule is critical — for many CPAP users, the clock may have started in June 2021 when Philips announced the recall, or when you first connected your health problems to your CPAP device. Consult an attorney to confirm your specific deadline.
Does West Virginia use a discovery rule for CPAP recall claims?
West Virginia generally follows a discovery framework. The discovery rule means the limitations period may start from when you knew or reasonably should have known about the connection between your Philips device and your health problems — not when the harm first occurred. For many CPAP users, this was June 2021 or later.
What documentation do I need for a CPAP recall claim in West Virginia?
For the Economic Loss track: CPAP prescription records, purchase receipts or insurance EOB, DME supplier records, or VA records (for veterans). For the Personal Injury track: medical records documenting your diagnosis and approximate onset date, records showing CPAP use duration, and ideally documentation connecting your health condition to recalled device use. An attorney can advise on what records are needed for your specific situation.
Can I file a Philips CPAP claim if I live in West Virginia but used the device while living in another state?
Potentially yes. Jurisdiction can be based on your current residence, where the injury occurred, or where you received the device. Many Philips CPAP cases are in MDL 3014 in the Western District of Pennsylvania, but West Virginia state law may still govern certain aspects. Consult an attorney about the proper venue for your claim.
Is there any cost to file a Philips CPAP claim in West Virginia?
No upfront cost. Attorneys handling Philips CPAP recall cases work on contingency — they are only paid if you receive compensation. The initial eligibility check and case evaluation are free and confidential.

Neighboring States

Kentucky (1yr) Maryland (3yr) Ohio (2yr) Pennsylvania (2yr) Virginia (2yr)

West Virginia Residents — Check Your Eligibility Free

A free eligibility check can tell you which tracks you qualify for, help you understand West Virginia's specific deadlines, and connect you with an attorney experienced in MDL 3014.

Check My West Virginia Eligibility →
← View All 50 States

Related Resources

Disclaimer: This page provides general information about West Virginia statutes of limitations for Philips CPAP recall claims. It is not legal advice. State laws change and your specific circumstances affect your deadline. Consult a licensed West Virginia attorney for advice specific to your situation.
As Referenced In
Used a Philips CPAP? $1.1B in settlements — check if you qualify for BOTH tracks. Check Eligibility →