CPAP Settlements and Verdicts

James E By James E
2 Min Read

Recent attention to CPAP machines, sparked by the Philips CPAP recall lawsuit, has led to a focus on their function and associated risks. Here are summaries of settlements and verdicts from prior CPAP-related lawsuits, although these are unrelated to the Philips recall and should not be used to estimate potential CPAP settlement amounts.

In 2020, a 80-year-old man in South Carolina was hospitalized for a foot infection and fitted with a CPAP machine and pulse oximeter. Three weeks later, he was found unresponsive, having suffered cardiac arrest, an anoxic brain injury, and oxygen deprivation. His family alleged negligence by the hospital staff for failing to timely monitor and respond to the CPAP and pulse oximeter alarms. The case settled for $485,000.

In 2018, a 58-year-old obese man in Louisiana died after presenting to a hospital with lumbar pain. During an MRI, he stopped breathing and efforts to resuscitate him were unsuccessful. His family alleged negligence against the hospital for failing to appreciate his CPAP dependency before the MRI and not intubating him. The hospital was found negligent, and the family was awarded $300,000.

In 2016, a 76-year-old woman in Ohio went into cardiopulmonary arrest after feeling ill during an MRI. Despite CPR, she suffered an anoxic brain injury and died. Her family alleged negligence against the City of Columbus for the EMTs’ failure to properly address her respiratory distress with a CPAP machine and medication. The case settled for $1,200,000.

In 2012, a 45-year-old woman in Alabama died after undergoing CPAP ventilation following a cardiac bypass. Allegations of negligence against the hospital included administering a high dose of Propofol, failure to mechanically ventilate her, improper monitoring, and delay in calling for additional help. The jury awarded $15,000,000.

In 2011, a 60-year-old man in Massachusetts with sleep apnea died after undergoing knee replacement surgery. The hospital staff allegedly failed to turn on his CPAP machine, leading to his death. The case settled for $1,200,000.

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