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Philips CPAP Litigation Preservation Order Issued in Personal Injury Cases

By Rheingold Giuffra Ruffo Plotkin & Hellman LLP

In June of 2021, millions of Philips DreamStation CPAP and BiPAP machines were recalled due to problems with the polyester-based sound abatement foam inside the sleep apnea devices. The foam was intended to reduce sounds and vibrations to provide patients with more comfort while using the machine. Thousands of patients are now seeking legal action against Philips, indicating that they developed cancer, lung damage, or other respiratory problems.

The Philips manufacturers have since acknowledged that the CPAP foam degrades over time, which can result in the release of black particles or debris directly entering the machine’s air pathways. Consequently, this exposes the patient to a myriad of toxic chemicals and gasses.

As a result of these serious health risks, approximately 15 million people have been urged to immediately stop using the device.

The U.S. District Judge presiding over all of the Philips CPAP lawsuits has approved a plan which outlines how certain evidence from the recalled sleep apnea machines should be preserved for future use in the litigation.

Individuals who are pursuing claims against Philips have the opportunity to have their DreamStation CPAP machine preserved by submitting certain information into a preservation registry.

The preservation order states that the DreamStation device will be placed in a Polybag, and the mask and tubing will be removed before it is stored. The Polybag will be heat sealed, and the sealed bag will be placed in a box and closed with tape. The sealed box will then be stored in “an environmentally-monitored setting with ambient air”.

Under this plan, Phillips users will not be required to return their machines and receive a replacement device.

This litigation has been centralized before Senior U.S. District Judge Joy Flowers Conti within the Western District of Pennsylvania. All pretrial proceedings have been coordinated as part of a multidistrict litigation.

If you or a loved one has been impacted by the Philips DreamStation CPAP or BiPAP machines, please contact the New York attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman for a free consultation today. Our experienced team has over 50 years of experience with product liability and medical malpractice cases.

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