Philips CPAC Lawsuit

 

Thousands of CPAP users are suing Philips for the defective products they used. In addition to CPAP lawsuits, insurance companies are also seeking reimbursement. If you believe that you have been injured by a CPAP machine, contact a personal injury attorney. The attorney will review your case to determine if you qualify to file a lawsuit. The attorney will also determine if your case qualifies for a Philips CPAP lawsuit.

The FDA has received complaints from Philips CPAP users. These complaints range from upper airway irritation and sinus infection to headaches and chest pressure. Many victims received medical care that was paid for by their insurance. Philips allegedly delayed the CPAP recall and did not tell the public about the risks of using the CPAP machines. Philips also paid illegal kickbacks to medical equipment suppliers. CPAP lawsuits allege that Philips knew that using the devices caused substantial risks, yet did not warn users about the hazards.

A federal judge has ordered that Philips provide an appropriate notice to users. Philips also must provide an appropriate notice to healthcare professionals. The FDA issued a letter to Philips stating that the company failed to warn users of health risks associated with the CPAP machines. Philips was also ordered to conduct independent safety testing on the new silicone-based sound abatement foam that was used in its CPAP machines. Philips is expected to submit master answers to the complaint by December 23, 2018.

As part of the MDL process, Philips and other parties involved will be required to submit a "Master Complaint" and "Short Form Complaint" to the Court for filing. These forms are designed to streamline the bulk lawsuit filing process. This process is also used in other mass tort MDLs.

Philips has agreed to pay $24 million to the US Government to settle the lawsuits. This is an indication that Philips is facing more legal trouble than originally anticipated. However, this is not a sure sign that a settlement will be reached. If Philips does not settle the lawsuits, these cases may be consolidated into different U.S. District Courts nationwide. This is expected to result in a coordinated approach to the litigation.

The MDL process has allowed for the consolidation of 110 Philips lawsuits into a single MDL. This will allow the Court to address individual challenges in future motions. It will also increase the chances that a global settlement will occur. A recent certification of the MDL class action lawsuit has increased the likelihood of a global Philips CPAP settlement.

A preliminary discovery plan for the CPAP CPAP Machine Side Effects lawsuit has been set by Judge Conti. Judge Conti has ordered Philips and other plaintiffs to submit written questions for potential witnesses. Judge Conti has also set the deadline for submitting joint proposals on plaintiff fact sheets and deposition protocols. In the coming weeks, Judge Conti expects that several thousand claims will be submitted to the claim registry.

Pretrial proceedings have been scheduled for September 1 in the Western District of Pennsylvania. The MDL will include science days, where attorneys will have the opportunity to present evidence and educate the court about the issues. These events are a common part of product liability claims. If you have been injured by a CPAP device, it is important to contact an attorney as soon as possible. The lawsuit has also been assigned a claim registry, which allows prospective plaintiffs to register a claim before filing a lawsuit. The claim registry is also common in mass tort MDLs.