On Tuesday, February, 15, 2022, in the CPAP MDL, U.S. District Judge Joy Flowers Conti of the Western District of Pennsylvania issued Pre-trial Order #8 naming the plaintiffs’ leadership.
The court reviewed and interviewed each of the 75 applications that were submitted for either co-lead counsel, Plaintiff’s Steering Committee (“PSC”) or liaison counsel. The following four attorneys were appointed to serve as plaintiffs’ co-lead counsel: Sandra Duggan from Levin, Sedran and Berman, Christopher A. Seeger from Seeger Weiss LLP, Kelly K. Iverson from Lynch Carpenter LLP, and Steven A. Schwartz from Chimicles & Tikellis. Judge Conti’s orders specifically laid out their duties and responsibilities.
Judge Conti appointed 12 attorneys to the Plaintiff Steering Committee (“PSC”) from the following firms: Audet & Partners, LLP, Ron Austin Law, Pope McGlamry, Levin Law Firm, Berger Montague PC, Sharp Law, LLP, Hagens Berman Sobol Shapiro LLP, Morgan and Morgan Mass Tort Dept, Migliaccio & Rathod LLP, Kelley & Ferraro, LLP, Girard Sharp LLP, and Lieff Cabraser Heimann & Bernstein, LLP.
Co-Liaison Counsel is D. Aaron Rihn from Robert Pierce and Associates, P.C. and Peter Wolff from Pietragello Gordon Alfano Bosick & Raspanti, LLP.
Additional committees and subcommittees were appointed including the Settlement Committee, Leadership Development Committee, which is aimed at providing an opportunity for education, experience and mentorship to the applicants with minimal MDL experience, and the Plaintiff’s Time and Expense Subcommittee.
In October 2021, the JPML ordered the consolidation of suits related to Philips Sleep Apnea Devices. The lawsuits were filed against Koninklijke Philips NV (“Philips”) by a group of plaintiffs alleging defective sleep apnea machines. Nearly 100 cases from across the country have been transferred to the Western District.
The machines were recalled in June 2021 for potential impact on patient health due to possible foam degradation. Philips’ Recall Notification continued that the degradation may lead to “exposure to chemical emissions from the foam material.”
The order can be found here.
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