Philips CPAP Lawsuits Centralized in MDL

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In June of this year, Philips Respironics announced a voluntary recall of several models of its CPAP, BiPAP, and other ventilator devices. With 93 proposed class-action lawsuits being filed by the end of September, a request was made to consolidate all claims before one judge for coordinated management as part of a multidistrict litigation. (MDL).

The Judicial Panel of Multidistrict Litigation (JPML) recently heard arguments concerning an MDL. The outcome? Due to the similarity of the claims, the JPML granted motions to consolidate the pretrial proceedings. As of October 8, 2021, there were more than 100 lawsuits filed against Philips.

The Western District of Pennsylvania was selected to host the pretrial proceedings. for the cases named in the motion to consolidate. Factors that can affect the location chosen include:

  • where the most claims and discovery materials are
  • convenience for any witnesses who will need to testify

MDL No. 3014 – In Re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation.

Transfer Order

Questions? Call us at (877) 284-6600.


What is the issue with CPAP Machines?

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Ingesting or inhaling the foam particles can lead to serious and/or life-threatening conditions.

Philips Respironics offers products for sleep and home respiratory care including CPAP, BiPAP, and mechanical ventilators. These continuous and non-continuous ventilators are used to provide invasive and non-invasive support for people needing respiratory support or treatment for sleep disorders. The type of ventilators used depends on the therapeutic needs of a patient.

The issue? The sound abatement foam in the recalled devices could potentially degrade exposing users of the devices to toxic particles and chemicals which could then be ingested or inhaled as the device contains no filter to prevent this from happening.

The CPAP recall has seen over 1,000 complaints of the polyurethane foam degrading and entering the airways of affected machines. Particles inhaled or ingested can lead to both minor and life-threatening illnesses.

This was deemed a Class I recall by the FDA based on the potential for serious injury or death.

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WHAT ARE THE JPML AND AN MDL?

The U.S. Judicial Panel on Multidistrict Litigation (JPML) is a special judicial body that determines if civil actions such as product litigation merit transfer from their various jurisdictions to a single venue.

The benefits of consolidating into an MDL translates to greater efficiency.

  • preventing duplicate efforts on the part of attorneys in the discovery process
  • aiding in more consistent pre-trial rulings
  • helping conserve judicial resources
  • speeding up the entire process

After this process is complete, typically a few cases are chosen for “bellwether” trials where the outcomes are used to help negotiate settlements.


WHY HIRE NASH & FRANCISKATO?

If you or a loved one developed cancer, respiratory issues, or other serious health problems after using one of these defective Philips CPAP machines, contact the law offices of Nash & Franciskato at (877) 284-6600. The time to request your free, no-obligation case review is today. We will help you determine if your Philips breathing device is the cause of your health issues. We will review your case in a free and confidential consultation, with no risk or obligation to take legal action.

Call us today at (877) 284-6600. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.

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