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What Is the Status of the Philips CPAP Litigation?

Philips Respironics faces a mass tort related to recalled devices, including bi-level positive airway pressure (BiPAP) and continuous positive airway pressure (CPAP) machines. Read on to learn the status of the Philips CPAP litigation and why you should contact a mass tort lawyer in LA to discuss your options. 

As of April 2022, the Philips CPAP mass tort is in its initial stages. Officially named “In Re: Philips Recalled CPAP, BI-LEVEL PAP, and Mechanical Ventilator Products Liability Litigation,” it is also known as MDL 3014. Claimants are still in the process of filing lawsuits and joining this mass tort, but the initial motions and discovery in the case are underway. 

Philips CPAP Mass Tort Timeline

The timeline of events in the Philips CPAP mass tort includes:

2009 through 2021 

Philips Respironics made and sold the affected devices that used polyester-based polyurethane (PE-PUR) foam to lessen sound.

June 14, 2021

Philips Respironics issued a recall of 3.5 million devices. 

October 8, 2021

After a hearing to approve multidistrict litigation in the Philips CPAP lawsuits, the United States Judicial Panel on Multidistrict Litigation consolidated the cases into MDL 3014.

November 12, 2021

The U.S. Food and Drug Administration (FDA) pulled its approval of Philips Respironics’ plan to repair or replace the foam inside the recalled devices and recommended swapping to other devices instead. 

December 2021

The judge overseeing MDL 3014 set the schedule and procedural directions for the case, including setting dates in early 2022 to interview and select attorneys for the Plaintiffs’ Steering Committee. This group will make decisions on behalf of the claimants, including handling discovery, making necessary motions, and choosing bellwether cases. 

March 3, 2022

The judge approved a tolling agreement that would allow prospective plaintiffs to preserve their right to hold Philips Respironics responsible for related negative outcomes or adverse effects of a recalled device after the statute of limitations expires.

April 15, 2022

The United States Judicial Panel on Multidistrict Litigation lists almost 275 lawsuits in MDL 3014.

April 2022 and Beyond

MDL 3014 is currently underway in the U.S. District Court, Western District of Pennsylvania, where Judge Joy Flowers Conti is presiding in a Pittsburgh court. Initial motions and discovery will likely take most of the year. Once these are completed, the court will affirm the bellwether cases and move forward with these trials. 

If you experienced any adverse effects possibly related to your use of a recalled CPAP machine or another Philips Respironics device, you may be able to join MDL 3014 or take legal action in another way. Your best option is to discuss your case with a Los Angeles mass tort attorney.

What Are the Dangers and Risks of the Recalled Machines?

According to the FDA, the 2021 recall of Philips Respironics ventilators, BiPAP, and CPAP machines is related to possible acute and long-term injuries linked to the breakdown and off-gassing of PE-PUR sound abatement foam used in the devices.

Recalled Devices

The list of recalled devices includes: 

  • E30 ventilator
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV
  • C-Series S/T and AVAPS
  • OmniLab Advanced+
  • SystemOne (Q-Series)
  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto
  • Trilogy 100
  • Trilogy 200
  • Trilogy Evo
  • Garbin Plus, Aeris, LifeVent
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto
  • A-Series BiPAP A40
  • A-Series BiPAP A30

What to Do If You Use a Recalled Machine

Do not stop using a recalled device—especially a ventilator—without first talking to your doctor. They will need to determine how to best move forward with your treatment before you discontinue use. 

Philips Respironics has offered to repair the breakdown of foam, but the FDA does not support this repair until the company can prove it is a safe alternative to the foam used in the recalled devices. A better option may be to change to a device made by a different manufacturer. When possible, keep your recalled device as evidence.

Next, you should contact a mass tort attorney in LA to assess your options for joining MDL 3014. This is especially true if you have or had adverse health effects that may be related to your device, such as airway inflammation or irritation, headache, dizziness, or other symptoms.

Get Your Free Case Review With a Mass Tort Lawyer

A Los Angeles mass tort lawyer from KJT Law Group is happy to talk with you for free. We can discuss your legal rights and your options for holding Philips Respironics legally responsible for their actions, including joining MDL 3014.

KJT Law Group works on a contingency basis, with no initial costs or attorney’s fees unless you receive compensation. Call us today at (818) 507-8525 to learn more.

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