Philips CPAP Lawsuit Update 2024 Enters a New Phase

by | Feb 2, 2024 | Product Liability, Medical Devices | 0 comments

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The Philips CPAP lawsuit starts with a major recall initiated by Philips, a leading electronics company, regarding their Continuous Positive Airway Pressure (CPAP) machines. These devices, commonly used to treat sleep apnea, were recalled due to potential health risks posed by the sound abatement foam used in the machines.

The foam was found to potentially degrade and release harmful particles and gases, posing risks such as respiratory issues and other health complications. This led to Philips CPAP lawsuits filed by users who experienced adverse effects.

If a recalled Philips device caused you to become ill or injured, you could be able to file a CPAP lawsuit. You can only find out if you qualify for a lawsuit by discussing your situation with a Philips CPAP lawsuit attorney.

This Philips CPAP lawsuit update 2024 blog delves into the ongoing issue, the critical timelines and court deadlines that are set to shape the course of this lawsuit, and the new developments and findings.

Philips CPAP Lawsuit Update January 2024

On January 8, 2024, Philips accused the CPAP cleaner maker SoClean of causing foam deterioration in some of their recalled devices. They also claimed that SoClean knew about this issue but still told distributors and customers that their cleaners were safe for foam CPAP masks.

On January 18, 2024, the U.S. Food and Drug Administration (FDA) announced a recall of over 20 million ResMed CPAP and BiPAP masks due to the potential risk posed by magnets in the mask. The FDA warned that the magnets in all AirFit and AirTouch face mask models could interfere with implanted medical devices, such as pacemakers, defibrillators, stents, and others, creating a serious risk of injury or death for users.

These ResMed masks, commonly used in non-invasive positive airway pressure (PAP) therapy like CPAP or bi-level therapy, are being recalled to address the safety concern associated with the proximity of headset magnets to implanted medical devices.

On January 21, 2024, the Philips CPAP lawsuit is preparing for a crucial status conference scheduled for March 2024. This conference is set to outline the MDL’s timeline, including dates for bellwether trials, any updates, and plans for the continuation of the proceedings. The outcome of this conference is expected to provide clearer insights into how the lawsuit will progress, particularly in terms of its pace.

On January 22, 2024, a new wrongful death lawsuit was filed in Illinois related to Philips’ CPAP machine. This case involves the death of a man from adenocarcinoma, a type of glandular cancer, which the lawsuit claims was caused by his use of a Philips CPAP device. The man had been using the machine since 2012 and stopped only after a recall was announced for his specific model.

This lawsuit could potentially be a strong case against Philips, especially considering the specifics of the situation. It will be merged with other similar cases in the Multidistrict Litigation (MDL) in the Western District of Pennsylvania, which is currently managing all related lawsuits.

When will CPAP lawsuit be settled? Philips CPAP lawsuit settlement and wrongful death lawsuits are anticipated to occur in late 2024 or early 2025. Although Roy Jakobs, the CEO of Philips, has expressed a wish to settle these claims by 2024, the precise settlement amount might not be known until the trial’s pressure builds.

On January 29, 2024, Philips Respironics declared that it would stop selling all of its breathing machines in the US, following a deal with the FDA over ongoing issues with the device.

CPAP Lawsuit Update February 2024

On January 31, 2024, federal regulators announced that 561 deaths had been connected to Philips Respironics’ recalled breathing devices. Only two days after Philips’ official announcement of ceasing sales of all its CPAP devices in the United States, the U.S. Food and Drug Administration (FDA) issued an update on the medical device reports for Philips CPAP. The numbers continued to increase in the following days.

Between 2011 and April 2021, Philips submitted 30 Medical Device Reports related to the degradation of PE-PUR foam in their devices, with eight reports originating from the U.S. In April 2021, Philips informed the FDA about their intention to conduct a field action due to concerns about foam breakdown, formalizing the Report of Correction and Removal in June 2021.

Since April 2021, the FDA has received over 116,000 MDRs, including 561 reports of death associated with PE-PUR foam breakdown or suspected breakdown. Philips conducted a retrospective review of MDRs, leading to an updated count of deaths.

The FDA is conducting a thorough review of these reports to understand the reasons behind the increased numbers. Injuries reported include cancer, pneumonia, asthma, respiratory problems, infection, headache, difficulty breathing, dizziness, cough, nodules, and chest pain.

As of February 1, 2024, there are 760 Philips sleep apnea device cases pending in multidistrict litigation.

Key Deadlines and Timeline for 2024-2025

Settlement Mediation Progress Report Due

Date: February 16, 2024

Details: The Settlement Mediator, Welsh, is required to submit a report to the court regarding the status of the mediations concerning personal injury claims.

General Causation Fact Discovery Phase Ends

Date: April 30, 2024

Details: The phase of discovering general causation facts is set to conclude, marking a significant milestone in the case. After this phase, the case may move to other stages.

Date: May 30, 2024

Details: Plaintiffs will disclose their expert opinions regarding general causation, which will provide insights into their arguments and strategies.

Defendants’ Expert Disclosures and Fact Discovery Conclusion

Date: July 30, 2024

Details: The defendants will present their expert disclosures on general causation. Additionally, this date marks the end of the fact discovery phase, including depositions from the defendant and non-party entities. This deadline does not encompass case-specific fact discovery.

Proposals for Bellwether Trials and Plaintiffs’ Rebuttal Expert Disclosures

Date: August 30, 2024

Details: Both parties are required to submit proposals for selecting individual bellwether trials for personal injury cases. Also, the plaintiffs will provide rebuttal expert disclosures on general causation.

Completion of Expert Depositions on General Causation

Date: October 30, 2024

Details: A key deadline for completing all expert depositions related to general causation.

Filing Deadline for Daubert Motions on General Causation Experts

Date: December 2, 2024

Details: Deadline for parties to file Daubert motions, which challenge the admissibility of expert testimony on general causation.

Oppositions to Daubert Motions Deadline

Date: January 17, 2025

Details: Parties are required to file their oppositions to the Daubert motions regarding general causation experts.

Reply Briefs Deadline for Daubert Motions

Date: February 18, 2025

Details: The deadline for parties to submit their reply briefs on the Daubert motions.

Hearing on Daubert Motions

Estimated Dates: March or April 2025

Details: A potential hearing date is set for the court to consider the Daubert motions related to general causation experts.

These dates are pivotal for all parties involved in the Philips CPAP lawsuit. Staying ahead of these deadlines is essential for effective case management and strategy development. As the case progresses, we will continue to provide Philips CPAP lawsuit updates and insights into this legal matter.

To wrap up,

The Philips CPAP lawsuit is an important case to watch. As it moves from the state to the federal court and becomes part of a larger class action lawsuit, the decisions made here could have wide-reaching effects. Keep an eye out for more Philips CPAP lawsuit updates as the case progresses.

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Medlegal 360

MedLegal360 is a specialized author in medical-legal matters, providing clear, authoritative insights on healthcare legislation and personal injury litigation for professionals and the curious.

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