Philips CPAP / BiPAP Recall, Florida Probate

Florida Probate Help for Philips CPAP Recall Claims

If someone in your family used a recalled Philips CPAP or BiPAP machine and later developed cancer or another related illness, and has passed away, Florida law usually requires a personal representative before a claim can move forward.

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✓ No fee to you for the probate work unless there's a recovery ✓ We work alongside your existing CPAP recall attorney ✓ Statewide Florida probate practice

In 2021, Philips Respironics recalled millions of CPAP and BiPAP machines after finding that foam inside the devices could degrade and release particles or gases linked to cancer and other health problems. Since then, litigation has moved on two separate tracks: an economic loss settlement for device owners, and a personal injury and wrongful death track for people who developed a serious illness. If the person affected has since passed away, Florida law generally requires a personal representative before a claim can proceed or a settlement can be received.

Where Things Stand Right Now

The $1.1 billion economic loss settlement (covering device replacement and refund claims) reached approval in 2024, and registration for that particular fund closed in January 2025. That fund is separate from personal injury and wrongful death claims, which continue on their own litigation track and are not affected by that closed registration window. Whether a new personal injury or wrongful death claim can still be filed depends on the specifics of use, diagnosis, and applicable deadlines, which is a question for a CPAP recall attorney, not something we advise on here.

Settlement figures reported here describe nationwide litigation handled by other firms, not results obtained by LD Legal, and are not a guarantee of any outcome in your case.

Why Probate Comes Into It

Wrongful death claims require an estate representative: if the person who used the recalled device has died, the executor or administrator of their estate is the one legally able to pursue a personal injury or wrongful death claim or receive a settlement.

How This Works

Already have an attorney

You have a CPAP recall attorney

We coordinate with that firm to get the estate opened and a representative appointed so the claim can proceed.

Don't have one yet

You haven't found one yet

We can point you toward attorneys who handle CPAP recall litigation while we start the Florida probate side.

Common Questions

Is it too late since the settlement registration already closed?

That closed window was for the economic loss fund covering device refunds, not personal injury or wrongful death claims, which are a separate track. Whether a new claim is still possible is a question for a CPAP recall attorney.

My family member passed away during the litigation. What happens now?

A personal representative needs to be appointed to continue the case or receive any settlement funds. That's the Florida probate step, and it's what we handle.

Does this cost me anything?

Our probate work in these cases is done on a no-fee-to-you basis unless there's a recovery, with the arrangement in writing up front.

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This is attorney advertising. Attorney responsible for this content: Long Duong, Florida Bar #11857, LD Legal, LLC, Gainesville, Florida. This page does not offer legal advice about your CPAP recall claim; consult the attorney handling that claim. No result is promised or guaranteed.