Can I get a refund for my CPAP machine?
You may be able to get your money back for your CPAP, but if you have sustained injury from using your machine, you might also be eligible to recover compensation from
Please note that sleep therapy products are highly personal and any product that has been opened cannot be returned. This includes all CPAP, APAP, BiPAP, and VPAP Machines and Humidifiers even if there are no hours of usage placed on the machine.
Again, these are not personal injury or wrongful death lawsuits but a CPAP consumer class action lawsuit that settled for $500 million. How much did plaintiffs get? Plaintiffs will receive compensation between $55 to $1,552 per recalled device and $100 for each returned device.
If you are a User who purchased, leased, rented or paid for (in whole or part) a Recalled Device and you have registered and returned your Recalled Device to Philips Respironics you are automatically eligible for a Device Payment Award and a $100 Device Return Award.
30 Day Risk Free Trial
You may initiate your return any time during the trial period by first contacting our customer support team, and then mailing the Eligible Product back to Expedite using the included return shipping label.
Things can get complicated if you own a Philips CPAP machine and want to get your money back. Philips states that to receive a full refund: You will need to follow the return process accessible through your MyPhilips Account. You must have purchased your device within the last 30 days.
It is only legal to sell a used CPAP machine to a licensed medical equipment reseller, and only authorized retailers are permitted to supply CPAP devices to consumers. Per FDA regulations, a prescription is required to obtain a CPAP machine, and only medical device retailers can accept these prescriptions.
The FDA has been tracking complaints against Philips CPAP machines for years, during which time a concerning pattern emerged. CPAP users across the country noted that the device's foam was prone to deterioration, which often preceded the onset of serious respiratory issues and cancers.
Anyone who suffered any type of loss or injury from any recalled CPAP machines between 2009 and 2021 may qualify. The devices in the recall list include: Continuous Ventilators. A-Series BiPAP V30 Auto.
How to Join a Class Action Lawsuit Against Philips CPAP Machine? To join a class action lawsuit against Philips CPAP machines, you may want to consult an attorney with experience in mass torts and medical device cases. An attorney can make sure you take appropriate action to receive fair compensation.
Is there a CPAP settlement?
Claims for financial losses related to the purchase, lease or rent of the recalled devices can now be lodged, with eligible users entitled to: a Device Payment Award for each recalled device purchased, leased or rented; a Device Return Award of $100 for each recalled device returned by Aug. 9, 2024; and/or.
If you have a ResMed machine, such as an AirSense 10, S9, or S8 Elite, this does NOT apply to you. Respironics has announced that in some of their machines, the foam used for sound insulation degrades and releases debris and toxic chemicals into the air in the tubing.
You may be eligible to file a Philips CPAP lawsuit if you or a loved one: Used a Philips Respironics CPAP, BiPAP, or ventilator machine. Suffered cancers linked to PE-PUR foam or damage to the kidneys, liver, or lungs.
Alternatives to CPAP for sleep apnea include different PAP machines, oral appliances, behavioral changes, and surgery. Treatment should be based on individual circ*mstance and should be discussed with a healthcare professional.
- Stop using your recalled device. ...
- Use another similar device that is not a part of this recall.
- Continue to use your recalled device, if you and your health care provider decide that the benefits of using it outweigh the potential health risks.
If your CPAP prescription mentions a “Life time Need” or says “99 months”, it's valid for as long as you need therapy.
As of March 2024, there are 748 pending cases in multidistrict litigation over injury claims related to recalled Philips CPAP machines. In early September 2023, Philips offered to settle CPAP class-action lawsuits that claimed damages resulting from recalled machines.
While it is legal for an individual to sell their CPAP machines in most states, they can only be sold to authorized dealers. It is illegal for one individual to sell their CPAP machine to another because it is considered a prescription medication.
Nearly 11 million Philips devices were recalled in 2021. People who purchased, leased or rented the following devices may be eligible for compensation up to $1,500 per device, according to the amended class action settlement agreement.
If insurance has already paid for a home CPAP in recent history, then most likely they will not cover another CPAP. For instance, Medicare typically covers a new CPAP every 5 years. In that scenario, you would not be able to have Medicare cover your Travel CPAP within 5 years of the first CPAP.
How often should a CPAP machine be replaced?
Your CPAP machine should be replaced after approximately 5 years of use. The good news is, Medicare and most other insurers typically provide coverage for a new CPAP machine around the same time frame.
Any medical device that requires a prescription can't be sold on eBay, including: Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing. Electrical Muscle Stimulation (EMS) units, and any accessories that require a prescription.
Phillips & Cohen's “qui tam” (whistleblower) case alleges ResMed paid kickbacks in the form of free “resupply services” to hospital and home health companies that sold its equipment to treat sleep apnea, a sleep disorder. The company charged service fees to those who sold competitors' equipment.
Do CPAP machines damage lungs? Functional CPAP machines shouldn't damage your lungs; however, a defective device can do long-term damage to your lungs. This may include chemical and off-gases inhalation from polyurethane in your CPAP device.
Studies suggest that from one-third to more than 50% of patients either stop using their CPAP machine or never bother to fill their prescription. They quit for a variety of reasons, but mostly because the device can be cumbersome and uncomfortable.
References
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