Philips CPAP Lawsuit Update 2024 Enters a New Phase

by | Jul 3, 2024 | Product Liability, Medical Devices | 0 comments

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The Philips CPAP lawsuit started 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 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 Philips Respironics 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

Philips alleged on January 8, 2024, that SoClean, the manufacturer of CPAP cleaners, was responsible for the degradation of foam in certain recalled devices. Furthermore, Philips asserted that SoClean was aware of this issue but continued to assure distributors and customers that their cleaners were suitable 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 severe risk of injury or death for customers.

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.

In March 2024, there’s an important meeting about the Philips CPAP lawsuit. It’ll decide the timeline for the case, including trial dates and how things will move forward. This meeting should make things clearer about what’s going to happen next with the lawsuit.

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 2024 February 

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.

On February 16, 2024, the Special Master for the CPAP lawsuits recommended partially granting Respironics’ motion to dismiss the medical monitoring complaint, citing state laws in 30 states requiring plaintiffs to demonstrate clear physical injury for a valid claim.

However, Judge Joy Flowers Conti expressed concern about overlooking nuances in state laws and awaits further research from the Special Master. While Judge Conti could still dismiss the claims, she aims to make an informed decision based on all available information.

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

CPAP Lawsuit Update April 2024

As of April 2024, there are 762 unresolved cases within MDL -3014 concerning injury claims associated with recalled Philips CPAP, Bi-Level PAP, and Mechanical Ventilator machines.

The U.S. District Judge Joy Flowers Conti issued a scheduling order on April 16 for the Philips CPAP personal injury lawsuits, outlining important deadlines. Discovery for general causation in personal injury claims ends by July 1, 2024, and proposals for selecting bellwether cases are due by October 29, 2024.

Daubert hearings to assess expert testimony reliability are slated for May or June 2025, delaying jury trials until at least late 2025. Similar timelines apply to medical monitoring class action lawsuits. The next status conference with Judge Conti is scheduled for April 25.

Philips Respironics has agreed to pay $1.1 billion to settle lawsuits over its CPAP, BiPAP, and ventilator machines. This settlement covers claims of cancer, respiratory issues, and other injuries caused by the machines. The cpap lawsuit cancer payout will begin in 2025, with insurers contributing $40 million.

The settlement resolves most, if not all, lawsuits filed in federal courts, but Philips denies any wrongdoing. The agreement still needs final approval from a judge. Additionally, Philips cannot sell CPAP devices in the U.S. until they meet FDA standards.

Philips Respironics Lawsuit Update – July 2024

As of July 2024, there are 795 sleep apnea device lawsuits pending in the MDL.

Key Deadlines and Timelines 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 crucial deadline for concluding all expert depositions concerning the general causation aspect.

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 must submit their responses to the Daubert motions concerning experts on general causation.

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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