Dozens of Philips CPAP Lawsuits Suing for ‘Toxic’ Sleep Apnea Devices Consolidated, Sent to Federal Court

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Philips CPAP Class Action Lawsuit Overview: 

• Who: More than 90 lawsuits filed against Koninklijke Philips for its allegedly toxic sleep apnea devices have been consolidated into multi district litigation  (MDL)and sent to a Pittsburgh federal court
• Why: 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 devices at the center of the lawsuits were made.
• Where: The MDL represents lawsuits coming from across the country. It will be litigated in Pennsylvania.

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.

Hundreds of Philips CPAP, Bi-Level PAP Users Take Legal Action

The Judicial Panel on Multidistrict Litigation settled on Western District of Pennsylvania for litigation over eight other district courts, saying that many of the witnesses and “much of the documentary evidence relevant to this litigation likely will be located within the Western District of Pennsylvania.”

“All of the Philips actions will raise similar factual questions regarding the recalled devices and the conduct of the recall, and will require common discovery regarding the development and safety of the recalled devices and the potential harm that can be caused by the alleged defect,” the panel said.

Philips supported either Massachusetts or Western Pennsylvania as the venue for the MDL.

US District Judge Joy Flowers Conti will be assigned to the case, which was first composed of 10 Philips CPAP lawsuits from Delaware, Florida, Georgia, Massachusetts and Pennsylvania. This week, a conditional transfer order sent 84 more cases from around the country to Conti’s court.

The panel added that centralization would eliminate duplicative discovery; prevent inconsistent pretrial rulings, particularly with respect to class certification motions; and conserve the resources of the parties, their counsel, and the judiciary.

Did you know Philips was facing more than 100 lawsuits for allegedly selling toxic sleep apnea devices? Tell us your thoughts in the comments section below!

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.

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