Overview of Philips CPAP Litigation

The Philips CPAP litigation revolves around a recall of Continuous Positive Airway Pressure (CPAP) and Bi-Level Positive Airway Pressure (BiPAP) devices and mechanical ventilators manufactured by Philips.  In June 2021, a recall was announced prompted by concerns over the potential health risks of polyester-based polyurethane (PE-PUR) foam used for sound abatement, which could degrade and release toxic particles and gases, potentially causing severe health issues, including respiratory problems and cancer. Thousands of CPAP lawsuits have been consolidated into multidistrict litigation (MDL) under Judge Joy Flowers Conti in the Western District of Pennsylvania. Continue reading for more Philips CPAP Lawsuit updates.

Current Status of CPAP Lawsuits

On April 9, 2024, the U.S. District Court for the Western District of Pennsylvania entered a consent decree of permanent injunction against Philips Respironics, requiring them to implement a Recall Remediation Plan. Philips settled with the counsel representing the personal injury and medical monitoring claims. Currently, primary counsel and pro se claimants must submit specific information about claimants by the Identification Order Deadline on June 10, 2024.

Settlement Criteria for CPAP Lawsuits

The precise claims and settlement criteria have not yet been published. The settling parties, along with a Special Master appointed by the court, are creating a settlement compensation framework. However, several key factors are likely to be considered in that framework, including:

• Device Usage: Evidence of using a recalled Philips CPAP, BiPAP, or ventilator device, along with establishing the use dates.

• Respiratory or Cancer Diagnoses in Medical Records: Detailed medical records demonstrating the onset of respiratory diseases such as asthma, COPD, and cancers, as defined by the forthcoming guidelines.

• Severity in Medical Records: Detailed medical records showing the severity of the disease through testing such as pulmonary function tests, the use of medications, or significant medical events like hospitalizations for the alleged injuries.

• Latency: The time between the product usage and the onset of the injuries.

• Risk Factors or Adjustments: In settlements involving respiratory or cancer injuries, evidence of the claimant’s smoking status and BMI is often required.

Key Dates and Deadlines for CPAP

The CPAP lawsuit is currently moving through the settlement stages. 

Here are some of the key milestones from the CPAP litigation:

• June 14, 2021: Philips announces the recall of CPAP, BiPAP, and ventilator devices due to foam degradation issues.
• October 8, 2021: The Judicial Panel on Multidistrict Litigation (JPML) consolidates federal CPAP lawsuits into MDL No. 3014 in the Western District of Pennsylvania.
• November 15, 2021: Judge Joy Flowers Conti was appointed to oversee the MDL.
• March 10, 2022: An initial case management conference was held, setting the stage for discovery and pretrial proceedings.
• June 2023: Status conference held to discuss the progress of discovery and potential settlement discussions.
• August 30, 2023: Deadline for plaintiffs to submit Fact Sheets and supporting documentation.
• December 1, 2023: Court-mandated mediation sessions began to facilitate settlement negotiations.
• April 9, 2024: The U.S. District Court for the Western District of Pennsylvania entered a consent decree of permanent injunction against Philips Respironics, requiring them to implement a Recall Remediation Plan.
• June 10, 2024: Identification Order Deadline for primary counsel and pro se claimants to submit specific information about claimants.

How Pattern Data Can Assist

Pattern Data’s platform is designed to help law firms efficiently process claimants and evaluate their merits within the context of settlement criteria for cases like Philips CPAP. Pattern Data will analyze case records to classify claimants into a settlement matrix, calculate point values (or equivalent), and generate the required work product to corroborate claim determinations. 

• Automated Document Processing: Rapidly organize and analyze large volumes of medical records and other documents to meet settlement-specific requirements.

• Evidence Logging: Enhance legal staff with AI to automatically build evidence logs, including product usage, injury, severity, and risk factors, while establishing critical data like diagnosis dates and automatically linking documents with bookmarks.

• Settlement Preparation: Streamline the preparation of settlement packages and exports, ensuring all necessary documentation is accurate, complete, and available for review.

• Reporting and Analytics: Generate comprehensive reports and analytics on the claimant population, assessing how they fit within the framework and their potential settlement value.

For more information on how Pattern Data can enhance your CPAP litigation processes, visit our website or contact our team.

Conclusion

Lawyers face a significant challenge in evaluating cases against the (to be published) settlement criteria. Legal firms must be well-prepared to diligently review claimant records, assess how claimants fit within the settlement framework, and provide informed advice. By leveraging advanced legal technology like Pattern Data, firms can enhance their efficiency, accuracy, and client outcomes.

Interested in learning more about how Pattern can help you with CPAP settlements? Request a demo.