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CPAP lawsuits
If you or someone you love was injured by a Philips CPAC machine, you may be eligible for compensation. These devices are designed to keep a patient comfortable and free from serious respiratory problems while they sleep. However, there are a number of risks associated with these machines, and it is important to talk with an attorney about your case to see if you have a viable case. Your attorney will advise you on your rights and help you determine how to proceed in filing a lawsuit.
You should seek medical attention if you have experienced any serious problems while using your CPAP machine. If you have been using one for a long time and have developed a problem with it, you may have a valid case for a lawsuit. Visiting a physician can ensure that you’re not suffering from any additional health conditions caused by your Philips CPAC machine. In addition, the medical records and bills you receive can serve as evidence in your lawsuit.
The federal court has ruled that Philips CPAP lawsuits will be consolidated into a mass-tort MDL, which streamlines the litigation process. The MDL was established in October 2021, and the lawsuits are currently in the discovery phase. They will likely proceed to a jury trial in the near future. Eventually, Philips is likely to offer a lump-sum settlement to settle the remaining claims.
Class action lawsuits
Philips has been the subject of several class action lawsuits involving its products. These suits allege that the company engaged in unfair practices and/or negligent design with its machines. These suits also claim that the company was aware of the problems with its devices prior to issuing a recall. These cases have significantly impacted Philips’ reputation. However, the company has fought back against these claims successfully.
Philips CPAP machines are sold to approximately three to four million people globally, including 1.5-2 million in the United States. It is estimated that 22 million Americans suffer from sleep apnea. This means that if you were harmed by a defective Philips CPAP machine, you may be eligible for a financial settlement.
Philips is accused of knowing about the risks associated with its CPAP devices as early as 2015, but failed to notify consumers or regulators until years later. These lawsuits claim that Philips intentionally concealed the health risks associated with their products. In addition, plaintiffs have also claimed that the company was unreasonable in taking steps to recall its products. It has disclosed problems with its products in April but didn’t initiate a recall until seven weeks later. Meanwhile, the company has been receiving complaints for years.
Damages
If you or a loved one has been injured by a Philips CPAP device, you may be entitled to financial compensation. The settlement amount depends on several factors, including the severity of your injuries and the length of time you have been affected by the condition. If you believe you have suffered from a CPAP injury, contact TorHoerman Law for a free consultation.
To begin with, you’ll need to consult a doctor and submit all relevant medical documentation to prove your health problems are related to the defective device. You’ll also need to provide documentation that proves that your condition was aggravated by the defective CPAP device. You should also replace your CPAP device with a new one after five years. If you use the Philips CPAC device for a short period of time, you may not need to replace it. Instead, you may consider other long-term treatments such as using a different kind of ventilator.
Damages from Philips CPAC Lawsuit can include both economic and non-economic damages. The non-economic damages include pain and suffering, loss of enjoyment of life, and loss of consortium. While there is no fixed amount for these damages, a settlement amount can still be substantial for the victims.
Deadline
If you are suffering from a Philips CPAP problem and wish to file a lawsuit, the deadline to do so is quickly approaching. The deadline is based on the applicable statute of limitations, which can range from one to six years depending on the state. In some states, the deadline is June 14, 2021, while in others, the deadline is June 14, 2023.
According to the CPAP Recall MDL, Philips has recently appointed retired Magistrate Judge Diane M. Welsh to act as the Settlement Mediator. While the appointment is not a guarantee that Philips will settle the lawsuit, it does suggest that the company would benefit from an early settlement. Additionally, Rule 16.1 of the Local Rules of the Western District of Pennsylvania requires that the parties to participate in alternative dispute resolution.
Judge Conti has issued a preliminary discovery plan in the Philips CPAP lawsuits. In the coming months, the parties will move forward with common fact discovery and address issues that apply to all claims. This will include preparations for early trial dates and written discovery plans.
