Published March 10, 2026
Philips CPAP Recall: How to File for Both Settlement Tracks in 2026
One of the most common misconceptions among Philips CPAP recall victims is that there's only one settlement to file for. In reality, two separate and distinct settlements are available — and many people qualify for both.
This guide walks you through exactly what the two tracks cover, who qualifies, what documentation you need, and how to navigate the process with an attorney in 2026.
The Two Settlements: A Quick Recap
Philips Respironics recalled over 15 million CPAP, BiPAP, and ventilator devices in June 2021 due to degrading PE-PUR foam releasing toxic particles and chemical gases. The litigation that followed resulted in two separate settlements:
- Track 1 — Economic Loss Settlement ($445M): Approved September 2023. For anyone who owned a recalled device. No health problems required. Covers the diminished value of your now-worthless device and related economic losses.
- Track 2 — Personal Injury Settlement ($1.1B): Announced April 2024. For users who developed health conditions — including cancer, respiratory damage, and other injuries — from breathing foam particles and chemical gases while using a recalled device.
Why So Many People Qualify for Both
Here's the key insight: these are legally separate claims covering different types of harm.
Economic loss arises from owning a defective product. Personal injury arises from using that defective product and getting hurt. These are distinct legal theories, and filing for one does not affect your rights to the other.
So if you owned a recalled Philips CPAP AND developed health problems from using it — you potentially have claims on both tracks simultaneously.
Step-by-Step: Filing for Both Tracks
Step 1: Confirm Your Device Is Recalled
Check the complete list of recalled devices. The most common affected models are DreamStation, DreamStation Go, SystemOne, and A-Series BiPAP. If you're not sure, check your device label or contact your DME supplier.
Step 2: Gather Economic Loss Documentation
For the economic loss track, you need to document that you owned the device:
- CPAP prescription from your sleep physician
- Insurance explanation of benefits (EOB) or purchase receipt
- DME supplier records
- VA records (for veterans)
- Philips recall registration confirmation email (if you registered)
Step 3: Gather Personal Injury Documentation
For the personal injury track, you need to document health conditions:
- Medical records showing your diagnosis (cancer, respiratory condition, etc.)
- Records showing approximately when CPAP use began and ended
- Any records showing health conditions developed or worsened during CPAP use
- Physician notes that may reference CPAP use and health conditions together
Step 4: Consult a Mass Tort Attorney
This is the most important step. An attorney experienced in MDL 3014 can:
- Evaluate your eligibility for both tracks based on your specific facts
- Help you gather documentation you may not have thought to collect
- Manage the filing process with both settlement administrators
- Ensure you meet state and settlement deadlines
- Represent you at no upfront cost — attorneys are paid contingently if you receive compensation
Step 5: File and Track Your Claims
Your attorney manages the actual filing through the settlement administration process for each track. Economic loss and personal injury claims go through different settlement administrators and have different proof requirements and timelines.
Key 2026 Deadlines to Know
Time matters in both directions:
- State statutes of limitations: Vary from 1 year (Tennessee, Kentucky) to 6 years (Maine, North Dakota). Most states are 2-3 years. For users who only connected health problems to their CPAP after the June 2021 recall, the discovery rule may mean the clock started in 2021 — but that still means deadlines are approaching or passed in some states.
- Settlement enrollment windows: Settlement programs have their own participation deadlines separate from state SOL. Consult an attorney about current enrollment status.
Ready to File? Start Here.
The best first step is a free eligibility check. An attorney can determine which tracks apply to your situation and guide you through the process.
Check My Eligibility for Both Tracks →