Philips Continuous Positive Airway Pressure Class Action

Overview

Valent Legal has filed a product liability class action lawsuit against Philips and its subsidiaries, which collectively form the global healthcare group engaged in the development, marketing, and sale of sleep and respiratory care products. Their products are typically used to treat Sleep Apnea and respiratory failure.

The class action has been filed on behalf of a Class of Canadian purchasers and users of Philips Continuous Positive Airway Pressure (“CPAP”), Bi-Level Positive Airway Pressure (“BiPAP”), and mechanical ventilator devices that incorporate polyester-based polyurethane sound abatement foam (“PE-PUR Foam”). The degradation and chemical emission of the PE-PUR Foam has been found to cause adverse health effects in users of the devices. The devices were recalled by both Philips and Health Canada in June of 2021.

This class action lawsuit alleges that Philips was negligent in the design, development, testing, manufacturing, distribution, marketing, and sale of the recalled devices. It also alleges that Philips breached their warranties made to the purchasers of their devices, breached various legislation, negligently and fraudulently misrepresented their devices, and has been unjustly enriched to the detriment of the Class Members.

2025 Update: Philips CPAP Class Action Proposed Partial Settlement

In July of 2025, a proposed partial settlement was reached regarding the Philips CPAP class action lawsuit filed by Valent Legal. 

Class members should be aware that this partial settlement will only cover economic losses. This applies to any out-of-pocket expenses related to replacing the affected device or costs from participating in the CPAP recall. The settlement will not cover any injury claims relating to the CPAP devices. Any legal claims launched for injuries caused by the recalled machines will continue to proceed separately from this settlement. 

If you choose to opt out of this settlement via the opt-out form, it means you won’t receive any compensation for your economic losses (if applicable).

Please note that the official settlement approval dates have been set for September 19, 2025, in Quebec, and September 29, 2025, in other provinces. 

To learn more about the partial settlement, click here to view the live settlement website. You can also visit the class counsel website at cpapclassaction.ca

In addition, you can view the official approval notices below:

English Long Form

English Short-Form

French Long-Form 

French Short-Form

Should you have any more questions as a class member, you can reach out to a member of our legal team at Valent Legal or contact Sotos Class Actions directly at 1-888-796-1766 and leave a message.