Virginia Philips CPAP Recall Settlement Guide
Updated March 2026
Virginia At a Glance
- Statute of Limitations: 2 years
- SOL Rule Type: Date-of-injury rule
- State Bar: Virginia Bar Association →
- SOL Notes: Virginia has a 2-year statute of limitations for product liability personal injury claims. Virginia generally follows an occurrence-based rule, which makes early consultation with an attorney critical for CPAP claims.
⚠ Time-Sensitive: Virginia has a 2-year statute of limitations for product liability personal injury claims. Virginia generally follows an occurrence-based rule, which makes early consultation with an attorney critical for CPAP claims.
The Dual-Track Settlement and Virginia Residents
If you used a recalled Philips CPAP or BiPAP device and live in Virginia, you may be eligible for both settlement tracks:
- Economic Loss Track ($445M): For owning a recalled device. Available regardless of whether you experienced health problems. Your device is now worthless or diminished in value — that's compensable.
- Personal Injury Track ($1.1B): For Virginia residents who developed health conditions — cancer, respiratory damage, or other conditions — from foam particle and chemical exposure during CPAP use.
The Discovery Rule in Virginia
Virginia generally uses an occurrence-based rule for product liability, which means the statute of limitations clock may have started when the injury occurred rather than when you discovered the cause. This makes early consultation with an attorney especially important for Virginia residents — your deadline may be earlier than you think.
Frequently Asked Questions — Virginia
How long do I have to file a Philips CPAP recall claim in Virginia?
Virginia product liability claims are generally evaluated under a 2-year limitations framework. However, the discovery rule is critical — for many CPAP users, the clock may have started in June 2021 when Philips announced the recall, or when you first connected your health problems to your CPAP device. Consult an attorney to confirm your specific deadline.
Does Virginia use a discovery rule for CPAP recall claims?
Virginia generally follows a occurrence framework. Because Virginia generally uses an occurrence-based rule, the clock may start from when the injury occurred. However, exceptions for latent injuries may apply. Consulting an attorney promptly is especially important in Virginia.
What documentation do I need for a CPAP recall claim in Virginia?
For the Economic Loss track: CPAP prescription records, purchase receipts or insurance EOB, DME supplier records, or VA records (for veterans). For the Personal Injury track: medical records documenting your diagnosis and approximate onset date, records showing CPAP use duration, and ideally documentation connecting your health condition to recalled device use. An attorney can advise on what records are needed for your specific situation.
Can I file a Philips CPAP claim if I live in Virginia but used the device while living in another state?
Potentially yes. Jurisdiction can be based on your current residence, where the injury occurred, or where you received the device. Many Philips CPAP cases are in MDL 3014 in the Western District of Pennsylvania, but Virginia state law may still govern certain aspects. Consult an attorney about the proper venue for your claim.
Is there any cost to file a Philips CPAP claim in Virginia?
No upfront cost. Attorneys handling Philips CPAP recall cases work on contingency — they are only paid if you receive compensation. The initial eligibility check and case evaluation are free and confidential.
Virginia Residents — Check Your Eligibility Free
A free eligibility check can tell you which tracks you qualify for, help you understand Virginia's specific deadlines, and connect you with an attorney experienced in MDL 3014.
Check My Virginia Eligibility → Disclaimer: This page provides general information about Virginia statutes of limitations for Philips CPAP recall claims. It is not legal advice. State laws change and your specific circumstances affect your deadline. Consult a licensed Virginia attorney for advice specific to your situation.