Philips Continuous Positive Airway Pressure Class Action
Valent Legal has filed a product liability class action lawsuit against Philips Respironics and its subsidiaries over health risks associated with their sleep and respiratory care products, including CPAP, BiPAP, and ventilator devices.
Our team initiated this Philips CPAP class action on behalf of Canadians who purchased or used the devices and were potentially affected by the degradation of PE-PUR foam within them, which has been found to cause adverse health effects.
As of 2025, the courts have approved a partial settlement covering economic losses for class members, including out-of-pocket costs associated with replacing their devices or participating in the recall. Philips CPAP users in Canada can now submit claims under the partial settlement while injury claims against the manufacturer continue separately.
Philips CPAP Recall in Canada
In June 2021, Health Canada announced a recall for certain Philips-brand Continuous Positive Airway Pressure, or CPAP, BiLevel Positive Airway Pressure, or BiPAP, and mechanical ventilator devices manufactured before April 26 of that year. Philips discovered that polyester-based polyurethane sound abatement foam, or PE-PUR, included in the affected devices could break down into particles or release chemicals, either of which could pose health risks if inhaled or ingested.
PE-PUR foam, intended to reduce noise from the devices, may degrade more quickly when used in extreme temperatures or when using ozone to clean the device, according to the announcement. The Philips recall affected millions of devices globally.
What the Philips CPAP Class Action Alleges
Our class action lawsuit alleges that Philips is liable for injuries caused by PE-PUR foam degradation in Canadian CPAP, BiPAP, and mechanical ventilator devices. The lawsuit includes the following claims against Philips:
- Design and manufacturing defects: We allege that Philips was negligent in the defective design, development, testing, and manufacturing of devices containing PE-PUR foam.
- Failure to warn: We allege that Philips was negligent in the distribution, marketing, and sale of defective devices involved in the Canadian CPAP recall.
- Misrepresentation: We allege that Philips negligently and fraudulently misrepresented the safety of their defective devices.
- Breach of warranty: We allege that Philips breached the warranties made to purchasers of devices containing PE-PUR foam.
- Unjust enrichment: We allege that Philips has been unjustly enriched to the detriment of its customers.
2025 Update: Settlement Approval for Economic Losses
Courts recently approved a $20 million partial settlement in the Philips CPAP class action. The settlement enables class members to recover economic losses, including the out-of-pocket expenses for replacing their devices or participating in the Canadian CPAP recall. However, the settlement does not resolve ongoing injury claims against Philips. Any legal claims over injuries caused by the recalled machines will continue to proceed separately from this settlement.
The parties reached the proposed partial settlement in July 2025 and set official approval dates for September 19 in Quebec and September 29 in other provinces. The official approval notice was posted online on November 7.
Claims Period Is Now Open — How to Submit Your Claim
Class members have 120 days from November 7, 2025, to submit a claim under the partial settlement. You can submit a claim by clicking “Apply for Compensation” on the official settlement website here and filling out a claim form. You can also download the form and submit a printed copy via mail at the address included in the document.
Class members can receive a “Universal Device Payment,” or UDP, of up to $125 for each recalled product they owned. However, they must provide a serial number for each device. If you don’t have the relevant serial numbers, you can obtain them by contacting the retailer that sold the product.
If you purchased a replacement device because of the recall, you can also receive a “Device Replacement Award, or “DRA,” of 30% to 90% of what you paid, though you must be able to provide receipts or some other proof of purchase. Legal fees may be deducted from both UDP and DRA payments, and the amounts available may be higher or lower depending on the number of class members who submit claims.
Injury Claims Will Continue Separately
Claims for injuries caused by Philips devices will move forward independently of the partial settlement. Inhaling or ingesting particles resulting from PE-PUR foam degradation may cause the following injuries, which may be eligible for CPAP class action claims:
- Cancer
- Headaches
- Hypersensitivity
- Inflammation
- Irritation
- Respiratory damage
- Nausea and vomiting
If you have injury-related questions, you can visit the class counsel website or reach out to Valent Legal today.
Key Documents for Class Members
How Valent Legal Can Help
Our award-winning legal team is collaborating with a group of lawyers from across Canada to hold Philips accountable. With decades of combined legal experience and a track record of strong trial representation, our firm is ready to help you get justice while providing the compassionate, caring service you deserve.
If you have questions about the Philips CPAP class action or believe you have a valid claim, contact us online or call (902) 443-4488 today to schedule a free, no-risk case assessment.