CBS NEWS MONEYWATCH – People who have bought, leased or rented certain Philips Respironics sleep apnea machines can now file a claim for restitution.
The Dutch medical equipment maker recently agreed to pay at least $479 million to compensate users of 20 different breathing devices and ventilators sold in the United States between 2008 and 2021.
Initially recalled two-and-a-half years ago, the Food and Drug Administration has since received 105,000 complaints — including 385 reported deaths — tied to leaking foam in the continuous positive airway pressure (CPAP) machines. Philips attempted to fix some of the more than 5 million recalled machines, but the repaired ones were also recalled, the FDA said a year ago.
Dozens of sleep apnea patients filed suits against Philips over the machines. Their lawsuits were consolidated into one class action and a proposed settlement was reached in September.
“This settlement ensures the millions of Americans who purchased defective Philips devices receive signifiant financial compensation,” attorneys for the plaintiffs said in a statement that urged users of the machines to file a claim at the settlement website.
Claims for financial losses related to the purchase, lease or rent of the recalled devices can now be lodged, with eligible users entitled to:
- Device Payment Award for each recalled device purchased, leased or rented;
- Device Return Award of $100 for each recalled device returned by Aug. 9, 2024; and/or
- Device Replacement Award for money spent to buy a comparable machine on or after June 14, 2021 and before Sept. 7, 2023 to replace a recalled device.