Philips Seeks To Continue Recall of Sleep Apnea Machines but Plaintiffs Oppose, Say the Recall Causes Destruction of Evidence

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Philips CPAP Class Action Lawsuit Overview: 

• Who: Koninklijke Philips wants to continue recalling sleep apnea machines for repair.
• Why: The plaintiffs’ attorneys oppose the recall because they say Philips destroys crucial evidence in the case. 
• Where: The MDL represents lawsuits coming from across the country. It will be litigated in Pennsylvania.

While Philips seeks to continue the recall of its defective sleep apnea machines, the company claims the court’s order to preserve evidence prevents them from recalling thousands of defective sleep apnea machines for repair. 

However, the plaintiff’s attorneys oppose continuing the recall because they say the company disposes of the defective components to replace them, which could hurt the ongoing lawsuit. 

“Pursuant to the recall remediation, the FDA is requiring Respironics to recall devices, remove the original PE-PUR sound abatement foam and replace the devices with repaired or

new devices containing FDA-approved replacement foam,” the memorandum in support of the order states. “In order to repair and replace the devices, it is necessary for Respironics to collect recalled devices and remediate those devices with FDA-approved replacement foam given the limited availability of new devices.”

However, the PE-PUR foam is likely to be central evidence in the lawsuit, and Philips is not presently preserving all the foam removed in connection with the retrofitting program, the plaintiff’s attorneys said.

U.S. District Judge Joy Flowers Conti gave Philips until Wednesday to file a response brief.

More than 90 lawsuits filed against Koninklijke Philips for its allegedly toxic sleep apnea devices have been consolidated into a multi district litigation and sent to a Pittsburgh federal court for litigation.

The Western District of Pennsylvania was selected as the most appropriate venue for the case, as the Philips factory outside Pittsburgh is where most of the Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices at the center of the lawsuits were made.

Philips CPAP Recall Issued Over Toxic Foam Concerns

More than 110 Philips CPAP lawsuits have been filed against the company since it recalled the breathing devices after they were found to contain polyester-based polyurethane sound abatement foam, or PEPUR foam, which the claims all say can degrade and release toxins into users’ airways.

A recall notice for the devices said that the devices could cause skin, eye, and respiratory tract irritation, an inflammatory response, headaches, asthma, adverse effects to other organs (e.g. kidneys and liver) and toxic carcinogenic effects.

“Philips further noted that it had received specific complaints from Recalled Devices users as suffering from ‘headache[s], upper airway irritation, cough, chest pressure and sinus infection’,” one of the Philips class action lawsuit states

To see if you qualify to join the Philips CPAP machine class action lawsuit investigation click here (links to paid attorney advertisement). 

The Delaware plaintiffs are represented by R. Joseph Hrubiec of McGivney Kluger Clark & Intoccia PC.

The Florida plaintiffs are represented by Aaron Richard Modiano of Arnall Golden Gregory LLP.

 The Massachusetts plaintiffs are represented by attorneys from Scott & Scott LLP, Silver Golub & Teitell LLP, Bailey & Glasser LLP, Pomerantz LLP, Andrews DeValerio, Girard Sharp LLP, Block & Leviton LLP, and Berger Montague PC.

The Georgia plaintiffs are represented by Anthony D. Birchfield Jr., Beau Darley III, Joseph G. VanZandt and Kendall Dunson of Beasley Allen.

The plaintiffs from the Eastern District of Pennsylvania are represented by Fred S. Longer, Laurence S. Berman, Sandra L. Duggan and Arnold Levin of Levin Sedran & Berman. 

The Philips CPAP, Bi-Level PAP MDL is In Re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, MDL No. 3014, before the U.S. Judicial Panel on Multidistrict Litigation.

Read About More Class Action Lawsuits & Class Action Settlements:

• Dozens of Philips CPAP Lawsuits Suing for ‘Toxic’ Sleep Apnea Devices Consolidated, Sent to Federal Court
• SoClean Lawsuit Allege Toxins in CPAP Cleaning Devices, Class Actions Mount
• Class Action Lawsuits Continue To Mount Against Philips Over Breathing Device Recalls
• Philips CPAP Equipment and SoClean CPAP Sanitizer Accused of Exposing Customers to Dangerous Toxins in New Class Action