KHSC Newsletter Articles
Philips Respironics Represents the Latest Class Action Settlement

Class Action Capital Newsletters (April 2024) – Kansas Health Service Corporation has partnered with Class Action Capital, a market leader in managing class action settlement claims. Class Action Capital works with many hospitals, health care facilities and state hospital associations across the country to help them recover meaningful refunds from class action settlements.

Many health care companies do not have the time, resources or relevant data available to file a settlement claim. CAC will work with you to submit a fully comprehensive claim recovery while minimizing the use of your time, internal resources and the risk of error if you were to take on claims management on your own.

CAC is currently working on the Philips CPAP, BIPAP and Ventilator Economic Loss Settlement. Plaintiffs in this settlement assert Economic Loss Claims relating to the approximately 10.8 million CPAPs, BIPAPs, ventilators and other devices sold or otherwise distributed in the U.S. that were subsequently recalled by Philips RS North America LLC ("Philips Respironics"). Plaintiffs allege the noise-reducing foam used in the recalled devices was defective.

Philips Respironics announced the recall on June 14, 2021, and began the Recall Programs in September 2021 to replace certain recalled devices with remanufactured CPAPs, BIPAPs and ventilators.

The total settlement fund is a minimum of $479,000,000 to be split between two groups:

  • User Class: Those who purchased, leased, rented, paid for (in whole or in part), or were prescribed a recalled device. This fund is at least $445,000,000.
  • Payer Class: Those who reimbursed (in whole or in part) a payment to purchase, lease, rent or otherwise pay for a recalled device, including insurers, self-funded employers and third-party payers (i.e., machines that employees on a hospital's health plan were prescribed). This fund is at least $34 million.

The filing deadline for this settlement is Aug. 9, 2024.

For more information about this settlement or Class Action Capital, please contact Joshua Kerstein at Josh@classactioncapital.com.