Philips CPAP recall: care and claims in North Carolina

MDL 3014 — North Carolina CPAP/BiPAP cancer claims originate in the Eastern, Middle, or Western District of North Carolina and transfer to the Western District of Pennsylvania, where Judge Joy Flowers Conti presides over MDL 3014 in Pittsburgh. Plaintiffs in MDL 3014 allege cancer from carcinogens released by recalled Philips Respironics devices; 623 actions were pending as of Oct. 1, 2026 (1,033 over the MDL's history) (JPML).

North Carolina Statute of Limitations — N.C. Gen. Stat. § 1-52(16) establishes a three-year limitations period for personal injury and products liability claims. North Carolina applies a discovery rule for latent disease: the period runs from when the plaintiff discovers or should discover the injury and its connection to the foam-degradation recall. A six-year statute of repose under § 1-50 may also apply.

Transfer to MDL 3014 — After JPML conditional transfer from a North Carolina federal district, cases join MDL 3014 pretrial proceedings in Pittsburgh. North Carolina plaintiffs allege cancers including nasopharyngeal, lung, kidney, liver, bladder, and esophageal cancer caused by inhaling volatile organic compounds — TDI and DMFA — from degrading PE-PUR foam in FDA Class I recalled Philips CPAP and BiPAP devices.

North Carolina Recall Registration — North Carolina residents with recalled Philips devices should register via the Philips recall portal and the FDA MedWatch system. The North Carolina Department of Health and Human Services issued guidance to home-health agencies and DME providers regarding the recall; affected patients should contact their DME supplier to confirm replacement device status and preserve all device serial number documentation.