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Defective CPAP Machines About one in four Americans have sleep apnea. At night, their primary airwaves collapse. Mild sleep apnea is basically harmless, while moderate sleep apnea is life-altering. After a bad night of tossing and turning, these individuals have a hard time focusing the next day. Severe sleep apnea is life-threatening, as it can potentially cause asphyxiation.
To many people with moderate or severe sleep apnea, the Philips CPAP machine was an ideal solution to a vexing problem. The gadget used an air compressor to keep the user’s primary airwave open all night, and a polyurethane foam layer reduced the compressor’s noise.
When brand new, the Philips CPAP machines function properly. Over time, vibrations break up the foam and tiny, toxic polyurethane particles can enter the lungs. These particles alter cellular DNA and cause tumors, many of which are cancerous.
Upcoming Trials
At first, it appeared that the company might voluntarily do the right thing and correct the problem. It recalled these machines and promised to fix them, however, it didn’t have a clear action plan regarding repair or replacement.
As customer frustration mounted, so did the number of lawsuits. Hundreds of lawsuits are pending, and a federal court-sponsored census identified thousands of more victims.
With the claims deadline approaching, a Pennsylvania federal judge will soon preside over a series of bellwether trials.
Since all these claims have common questions of fact and law, the Philips CPAP litigation in the federal court system has been centralized as part of an MDL assigned to U.S. District Judge Joy Flowers Conti, in the Western District of Pennsylvania. She is currently presiding over coordinated discovery and pretrial proceedings.
Judge Conti recently appointed a Philips CPAP recall settlement master to work with the parties and help them resolve these claims out of court. At a status conference, the court also approved a discovery and case management schedule.
There are currently more than 300 lawsuits against Philips already filed in the federal court system, with thousands of additional CPAP injury claims registered on a census established by the court to toll the statute of limitations.
The MDL Process
Mass tort claims, like Philips CPAP machine claims, are in a special category. They usually don’t qualify for class action status, because these claims are reserved for victims who had the same experience, like people who paid illegal debit card fees. People use CPAP machines for different reasons and under different circumstances. At the same time, federal courts have limited resources. They cannot deal with several hundred similar suits that all make basically the same claims, let alone several thousand such actions.
In these situations, the federal Multidistrict Litigation panel, essentially a group of lawyers, evaluates these claims and decides how federal courts can best resolve them.
This process is usually good for victims/plaintiffs. Typically, the MDL judge appoints a special magistrate with experience in a given area. So, this magistrate, who is basically an associate judge, usually makes decisions on complex pretrial motions.
The magistrate also supervises settlement negotiations. When one case settles, the others usually do as well, and the company usually agrees to establish a large victim compensation fund.
When a New York personal injury attorney files a VCF claim, they usually only need a prima facie (preliminary) case. However, fund administrators are difficult negotiation partners.
The MDL process also includes a few test-the-waters bellwether trials. These trials allow plaintiffs and defendants to test their claims and defenses. After three or four such trials, especially if one side goes 0-3 or 0-4, settlement negotiations heat up. If a case does not settle, it returns to its home jurisdiction for trial.
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in New York, contact Napoli Shkolnik .