CPAP Recall and Carcinogenic and Other Health Risks: Multi District Litigation

Multi District Litigation Motion Philips CPAP Recall and Cancer Risk Litigation

 In Blog, Dangerous Medical Devices, Product Liability

Lawyer Asks Judicial Panel on MDL to Consolidate Philips CPAP Lawsuits

In response to the growing number of lawsuits being filed against Philips after they recalled some of their most popular CPAP devices, one Plaintiff’s lawyer has asked the Judicial Panel on Multi-District Litigation (Panel) to consolidate the lawsuits and transfer them to a single court. If the Panel grants the motion, existing lawsuits against Philips related to the recalled CPAP devices and similar future lawsuits can be centralized and coordinated for pretrial motions and other proceedings.

The motion was brought by the attorney for Thomas R. Starner, a plaintiff who sued Philips in the Eastern District of Pennsylvania. The motion requests the transfer of all the CPAP lawsuits to that venue and that the Honorable Timothy Savage presides over the cases.

Why Might the Panel Create the MDL?

When deciding whether or not to grant the MDL, the Panel may consider how many lawsuits might be filed against Philips regarding the same factual and legal issues as the ten currently in process. When many lawsuits result from the same situation, the Panel may decide to combine them in a single court, under one judge to expedite processes, make it easier for witnesses, and avoid redundancy or inconsistency.

The motion suggests that consolidation and creation of an MDL in the Philips CPAP recall litigation are appropriate because:

  • Philips issued a nationwide recall of many of its CPAP, Bi-Level PAP, and mechanical ventilators.
  • The recalled devices contain polyester-based polyurethane sound abatement foam, which can off-gas dangerous chemicals or degrade under certain circumstances.
  • Because of these things, users are at risk of irritation to the skin, eye, and respiratory tract, “inflammatory response, headache, asthma, adverse effects to other organs (e.g., kidneys and liver) and toxic carcinogenic affects.”
  • Philips has admitted that the degraded foam contains harmful chemicals which can potentially cause serious potential health risks to users.
  • Starner purchased two of the devices to treat his sleep apnea before they were subject to recall. The devices were the Philips Dreamstation Auto CPAP and the Philips Respironics Remstar Pro CPAP.
  • The manual that came with the recalled devices did not contain any warnings or language related to the potential health risks of using them.
  • 3-4 million devices are part of the Phillips CPAP, Bi-PAP, and ventilator recall which means millions of people might be affected and file lawsuits. As people continue to become aware of the massive recall, more and more individuals might file claims against Philips.
  • All of the facts surrounding the sale, manufacture, testing, and marketing of the recalled devices are the same.

Will the Panel Create An MDL for the Philips CPAP Recall Litigation?

We will have to wait and see what the Panel decides. As of this writing, cases are pending in District courts in Georgia, Florida, Massachusetts, Delaware, and Pennsylvania. Surely, with the number of people affected by this recall, we can expect more lawsuits against Philips.

Call Alonso Krangle, LLP to Discuss Your Rights to File a CPAP Lawsuit Against Philips

If you have been using one of the recalled CPAP, Bi-Level PAP, or mechanical ventilator devices manufactured by Philips, you might be eligible to file a lawsuit and seek damages. Our lawyers are reviewing cases now for people who relied on these recalled machines and their alleged safety. Philips might have to pay substantial damages for its failure to disclose the risks and dangers of its recalled devices.

Call us today at 1-800-403-6191 to learn more about filing a CPAP recall lawsuit.
Your consultation is free, so call today.