Partial Settlement FAQ

We have only settled the economic claims at this time (discussed further below).

This settlement does not compensate you for any personal injuries or mental distress you may have suffered from using a Recalled Product.

We are still in active litigation over the personal injury and mental distress claims. If we win those claims at trial, or settle those claims in the future, you may receive compensation for your personal injuries or mental distress, at that time.

Yes. We will be hosting virtual town halls. The dates have not yet been selected.

If you are signed up for our mailing list, we will send you an email with the dates of the virtual town hall as soon as they are known and explain how to register.

You are eligible to be compensated under the partial settlement if:

• You live anywhere in Canada;
• You purchased or used one of the Recalled Products, or your relative passed away from using one of the Recalled Products; and
• You are not a government.

The list of Recalled Products is at the bottom of Our Homepage.

If the partial settlement is approved by the Courts, you may be paid the following:

• $125 for your inconvenience (the Universal Device Payment); AND
• Up to the following amounts noted in the chart below, FOR EVERY DEVICE YOU PURCHASED TO REPLACE YOUR RECALLED PRODUCT(S):

		How old was your Recalled Product at time of Recall?
		> 5 years old	3 – 5 years old	< 3 years old
If the Recalled Product was a	CPAP	$360	$840	$1,080
	BiPAP	$750	$1,750	$2,250
	Ventilator	$3,550	$8,284	$10,651

Please note that the above amounts may vary depending on the number of people who make claims.

All settlements are compromises and must account for the risk that we might not win at trial, and even if we did win, that it would take considerably longer for class members to receive any compensation.

On average, these devices need to be replaced after 5 to 7 years.

As a result, you suffered less “economic loss” if you had an older device at the time of the Recall, because you were going to need to replace it soon anyways, regardless of the Recall.

The cost of replacing a CPAP is usually lower than the cost of replacing a BiPAP.

The cost of replacing a BiPAP is usually lower than the cost of replacing a ventilator.

The partial settlement must first be approved by the courts in BC and Quebec.

Once the settlement approval hearing dates are scheduled, we will have a better idea of when class members will be compensated.

You need to make a claim to receive compensation from the partial settlement. This will be a very simple online or paper application.

The claims process has not started. You will receive an email from the claims administrator (KPMG) confirming when you can make your claim and how to make your claim.

We hope the claims process will start sometime in the Fall of 2025, after the partial settlement has been approved by the Courts. Class Members with approved claims will be compensated after all claims have been processed by KPMG.

• Class Members will receive Notice of the Partial Settlement. This notice document will be sent directly to email addresses of known class members or by way of robocalls to phone numbers of known class members, or indirectly to class members, by way of social media posts or news website advertisements.
  • The court approved the official notice on February 21, 2025.
  • Class members will receive notice soon.
• Class members will have opportunity to object to the partial settlement and/or opt-out of the partial settlement: If you want to object to the partial settlement or opt-out of the class action and litigate on your own, you may do so within sixty (60) days after the official notice is sent. The official notice will provide more details on how to object and how to opt-out of the partial settlement.
  • We have not reached this step yet.
• There will be court hearings in British Columbia and in Québec for approval of the partial settlement and legal fees: If the partial settlement approved, the next step will be for the claims process to open.
  • We have not reached this step yet.
• Class members will have chance to submit a claim for compensation. You will receive an email from KPMG confirming when you can make your claim and how to make your claim. Class Members with approved claims will be compensated after all claims have been processed by KPMG.
  • We have not reached this step yet.

The full text of the agreement is available at this link.

It is currently only available in English. Once it is translated, the French version will be posted.