Weekly Mass Torts Bulletin 2025-March-17
Philips Settles CPAP Lawsuits Over Toxic Foam for $1.1B
Philips has been embroiled in legal battles following the recall of millions of CPAP, BiPAP, and ventilator devices due to toxic foam degradation.
The breakdown of the foam in these machines may release harmful chemicals, raising serious health concerns. Exposure to these particles has been linked to conditions such as lung cancer, head and neck cancer, and other respiratory illnesses.
Legal Actions and Settlement Agreements
In response to mounting lawsuits, Philips recently agreed to a $1.1 billion settlement to resolve personal injury claims. This is separate from the $479 million class-action settlement addressing economic losses. While settlement payouts are expected in 2025, compensation amounts will vary based on the severity of injuries. Claims involving lung cancer and severe pulmonary conditions are likely to receive the highest awards.
Estimating CPAP Lawsuit Payouts
Many plaintiffs are wondering what their individual settlement checks might be. However, predicting exact compensation amounts is difficult, as they depend on injury severity and case specifics. A CPAP settlement points system may determine payouts, similar to other mass tort litigations.
Comparisons to Prior Mass Tort Cases
Thousands of additional lawsuits have been consolidated into a class-action MDL (multidistrict litigation). To estimate potential payouts, legal experts examine settlements from previous defective medical device cases. While outcomes remain uncertain, these comparisons provide insight into how Philips CPAP claims may be valued.
Court Approves $700M Opioid Settlement for Acute Hospitals
A federal court has approved a $700 million class-action settlement that will compensate over 1,000 acute care hospitals for costs related to the opioid crisis.
The settlement consolidates four separate agreements involving major drug manufacturers and distributors, including Cencora (formerly AmerisourceBergen), Cardinal Health, McKesson, Johnson & Johnson, Teva, and Allergan.
Allegations Against the Defendants
The lawsuit accused these companies of misrepresenting the risks and safety of prescription opioids, failing to monitor suspicious orders, and dispensing opioids that were not prescribed for legitimate medical purposes. While the defendants deny any wrongdoing, they have agreed to resolve the claims through this settlement.
Breakdown of the Settlement Funds
Under the agreement, $651 million will go toward compensating hospitals for past and future opioid-related treatment costs and community outreach programs aimed at combating the epidemic. An additional $49 million will be allocated to supply Naloxone to hospitals over the next seven years. The settlement class counsel has indicated it will request approximately one-third of the total settlement as attorney fees.
Eligibility and Claims Process
The class-action settlement covers nongovernment acute care hospitals that treated opioid-related conditions between January 1, 2009, and October 30, 2024. Hospitals needed to submit a claim by March 4 to qualify for compensation. Those who applied could either accept a $5,000 “Quick Pay” option or provide detailed documentation to receive a higher payout based on the care they provided.
Future Legal Actions
Court documents list over 1,000 eligible hospitals, though settlement class counsel believes many more have been impacted by the opioid epidemic. Attorneys involved in the case expressed satisfaction that these companies have taken financial responsibility for hospitals that have long battled the crisis. The legal team continues to pursue settlements with additional defendants, including Walgreens, CVS Pharmacy, and Walmart.