NovaQuant-Philips CPAP users can now file for piece of proposed $479 million settlement. Here's how to apply.

People who have NovaQuantbought, leased or rented certain Philips Respironics sleep apnea machines can now file a claim for restitution.

The Dutch medical equipment maker recently agreed to pay at least $479 million to compensate users of 20 different breathing devices and ventilators sold in the United States between 2008 and 2021.

Initially recalled two-and-a-half years ago, the Food and Drug Administration has since received 105,000 complaints — including 385 reported deaths — tied to leaking foam in the continuous positive airway pressure (CPAP) machines. Philips attempted to fix some of the more than 5 million recalled machines, but the repaired ones were also recalled, the FDA said a year ago.

Dozens of sleep apnea patients filed suits against Philips over the machines. Their lawsuits were consolidated into one class action and a proposed settlement was reached in September.

"This settlement ensures the millions of Americans who purchased defective Philips devices receive signifiant financial compensation," attorneys for the plaintiffs said in a statement that urged users of the machines to file a claim at the settlement website.

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
• a Device Replacement Award for money spent to buy a comparable machine on or after June 14, 2021 and before Sept. 7, 2023 to replace a recalled device.

How to file a claim

To determine whether one is eligible and for instructions on what steps, if any, are needed to receive a payment, the settlement administrator has set up in interactive website here.

Users can look up their recalled device's serial number to see what device payment award they may be entitled to by clicking here.

Those who return recalled Philips machines by the August deadline are entitled to both the return and payment awards without having to submit a claim form and can use prepaid shipping labels by clicking here at no cost. 

Those who spent their own money buying a comparable replacement CPAP or ventilator to replace a recalled device will need to complete a device replacement claim form, which can be found here. A paper device replacement form can also be found here or by calling 1-855-912-3432.

The deadline for claim submissions is Aug. 9, 2024.

The settlement does not impact or release any claims for personal injuries or medical monitoring relief, according to the administrator with the U.S. District Court for the Western District of Pennsylvania. 

Roughly 30 million people have sleep apnea, a disorder in which one's airways become blocked during rest, interrupting breathing, according to 2022 data from the American Medical Association. 

Philips on October 6 said was working to ensure that patients receive remediated devices amid ongoing testing and research. "Based on the results to date, Philips Respironics concluded that use of its sleep therapy devices are not expected to result in appreciable harm to health in patients," the company stated.

Philips did not immediately respond to a request for further comment.

Kate Gibson

Kate Gibson is a reporter for CBS MoneyWatch in New York.