If you were one of the hundreds of patients affected after the Philips Respironics CPAP machine recall, you may want to know how long a mass tort lawsuit will last if you decide to join one.
While there is no exact answer to how long the Philips CPAP machine mass tort lawsuit can last, a Los Angeles mass tort lawyer can help you prepare for what can potentially be a long process. We will review your individual case and compare any damages to the testimony of other plaintiffs. Then they can help you join the lawsuit when the time is right.
What Is the Timeline for a Typical Mass Tort Lawsuit?
Generally, the mass tort process begins with attorneys reviewing all materials for each plaintiff in the case. This review will include medical records, witness testimony, and other items that can help build your case.
This initial part of the process is very similar to how an individual lawsuit begins. Attorneys will use the evidence they are provided to determine fault, and then they will decide if, after all of this, you have what is necessary to bring a lawsuit against the company.
For mass tort cases, lawyers will then begin to assess the damages that other plaintiffs reported. They will look for similarities in injuries or illnesses caused, and they will use this information to form a mass tort lawsuit. In the case of the Philips CPAP case, they will look for similar symptoms and life-threatening illnesses that users of the recalled items are experiencing.
Bellwether Trials Can Indicate How Cases Could Go
From there, the legal proceedings will begin. The attorneys will file the lawsuit, then determine bellwether trials. These bellwether trials can give the attorneys an idea of how the court is reacting to the case being tried. With hundreds and sometimes thousands of plaintiffs participating in a mass tort lawsuit, it is impossible for every single case to be brought before a court.
The bellwether trials will be the ones that lawyers find most beneficial for receiving a settlement for the parties involved in the lawsuit. In a mass tort case, unlike a class-action lawsuit, all plaintiffs are viewed as individuals. Therefore, the settlements they receive are also individualized rather than split evenly. Bellwether case results help lawyers reach settlements for each individual plaintiff.
Several Factors Can Shape a Trial’s Timeline
With all these steps involved in the process, mass tort cases can take a long time. The length of the trial comes down to various factors, including:
- The number of plaintiffs in the case
- Evidence worthy of investigation
- Collecting testimony if necessary
- Who the defendant is and what their resources are
- Bellwether trials’ success
Some cases have been resolved in months, while others can take years to reach settlements.
Determining the Length of the Philips Lawsuit
As of April 6, 2022, there were 262 active lawsuits against Philips due to their CPAP machines. This number will likely grow as more people become aware of their legal options after the Philips Respironics recall. With many of these lawsuits moving into the courts, the legal process has started to get underway.
The Philips Respironics recall is public knowledge, and the symptoms that consumers experienced after using the recalled devices have been documented. Sound abatement foam has been breaking off into the air pathways of devices and causing health issues in patients. The Food and Drug Administration (FDA) has extensively researched the serious side effects that inhaling or consuming sound abatement foam can cause.
With this in mind, the case could move quickly. However, Philips Respironics has resources at its disposal, and it may try to use everything it can to reach settlements that are less favorable for the plaintiffs. Attorneys must gather evidence so they can challenge any low settlement offers that may come and seek compensation for each plaintiff in the mass tort lawsuit.
Seeking Help During the Recall
The FDA offers a list of the recalled Philips Respironics products. If you have used any of these products and you have any symptoms, whether mild or life-threatening, you may have a case against the company.
If you have used one of these products, then you should immediately seek your health care provider’s opinion. For those with sleep apnea, the treatment these devices give is integral to health and well-being. Do not stop the use of the product without first consulting with your physician and making sure it is safe to do so.
Your health care provider will be able to help you diagnose any symptoms you are showing, and they can do a more thorough check to ensure you have not developed more life-threatening illnesses. After you have spoken with your health care provider, it is time to reach out to a mass tort attorney in LA to help you through the rest of the process.
How KJT Law Group Can Help You
At KJT Law Group, our Los Angeles mass tort attorney can work with medical professionals and review your medical records to determine if you suffered any new damages after using a recalled Philips Respironics CPAP device.
We will help you build your case, highlighting the specific aspects of your claim that your lawsuit should recover. Though you will be part of litigation that involves many plaintiffs, we will work with you individually to ensure you receive proper compensation if it is awarded.
Mass tort lawsuits are not the same as class-action lawsuits in that the settlement is not divided equally amongst all plaintiffs. That is why it is important that we understand everything about your situation and how the Philips CPAP machines have negatively impacted your life.
We Will Represent You Throughout Your Philips CPAP Machine Mass Tort Case, No Matter How Long It Takes
At KJT Law Group, we have helped our clients recover millions of dollars in mass tort and class-action lawsuits. We have helped them bring their lawsuits against some of the biggest companies in the United States, and we are ready to work by your side no matter how long this particular case may take. You can read more about what our clients say about working with us here.
Contact Us Today to Get the Legal Process Started
If you were using one of the recalled Philips Respironics CPAP machines and are suffering symptoms, then you should contact the Los Angeles mass tort attorney of KJT Law Group. With our experience, we can help you join the mass tort case and seek the settlement that you deserve for your damages.
While the exact length of time for the mass tort lawsuit is unknown for a Philips CPAP case, with hundreds of plaintiffs already forming the lawsuit, results could start being reached shortly. Do not wait to get involved in the mass tort process. Let KJT Law Group help you. Contact us today at (818) 507-8525 and let us build your compensation case.