On Friday, October 8th, 2021, the Judicial Panel on Multidistrict Litigation (“JPML”) consolidated suits related to Philips Sleep Apnea Devices. The claims were sent to U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania. The lawsuits were filed against Koninklijke Philips NV (“Philips”) by a group of plaintiffs alleging the defendant manufactured defective sleep apnea breathing machines.
The machines were recalled in June 2021 for potential negative 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 venue selection of Pittsburgh, Pennsylvania was attributed to its proximity to the factory where the recalled machines were primarily built. The panel’s order states 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.”
The order states that the “Plaintiffs allege that defendants concealed the problems with the PEPUR foam before the recall was announced and made misrepresentations regarding the recalled
devices in connection with their marketing and sales.” According to the Order, the causes of action are putative consumer class actions asserting overlapping claims for violations of state consumer protection statutes, breach of warranties and unjust enrichment. Nearly 100 cases from across the country have been transferred to the Western District.
The order can be found here.
The case is In Re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, MDL Number 3014, before the U.S. Judicial Panel on Multidistrict Litigation.
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