It is very early in the Philips CPAP lawsuit at this point and the process that lies ahead and the outcome of claims is uncertain. However, you are entitled to seek compensation in the Philips CPAP Lawsuit, if you suffered cancer or another serious health issue following use of a Philips CPAP machine, BiLevel PAP machine, or mechanical ventilator. The following is a summary of what to expect after you file a CPAP lawsuit concerning your expose to toxic and carcinogenic PE-PUR sound dampening foam in a Philips CPAP or other device.
After Filing a CPAP Lawsuit
The process between being identified as a plaintiff in the Philips CPAP lawsuit, filing a lawsuit alleging your Philips CPAP machine caused your cancer or other serious health issue, and trial may be a very long process.
Most lawsuits across the nation are settled out of court, i.e. without a jury trial, even class actions and mass tort litigation cases, such as the one beginning against Philips CPAP. The process for parties to reach a settlement is lengthy in most litigation; however, the process is almost always longer in cases involving multiple plaintiffs or multiple defendants. In the Philips CPAP lawsuit there are potentially hundreds of thousands of plaintiffs. Therefore, the process for reaching a settlement will likely be a lengthy one.
The Philips CPAP lawsuit will have so many plaintiffs with causes of action based on developing cancer or other health issues following use of the Philips CPAP, BiPAP, or ventilator, that it will likely be consolidated. When a large group of plaintiffs file lawsuits and their cases are all consolidated, it is called Multi-District Litigation or an MDL.
Judicial efficiency and judicial economy are the biggest drivers on the formation of an MDL against Philips for their CPAP lawsuit. The MLD process would allow the thousands of Philips CPAP lawsuits to move more quickly by streamlining the thousands of cases into one court or jurisdiction. At this point in time at least one plaintiff has requested the Philips CPAP lawsuit be consolidated into an MDL. At this point, some cases have already been consolidated into the Western District of Pennsylvania, which is located near Pittsburg, PA.
Most of the recalled Philips CPAP machines were manufactured in or around Pittsburg, therefore, the Judicial Panel on Multidistrict Litigation has heard argument for cases to be localized to eight different potential federal courts. However, as of October 2021, the Western District of Pennsylvania is the current location for the action.
What Impact would an MDL have on my CPAP Lawsuit?
Although an MDL for the Philips CPAP lawsuit would simply the process and litigation for the federal court’s system and Philips, it may not make the case easier for you as an individual plaintiff against Philips. There are multiple steps, which you largely cannot avoid, if the Philips CPAP lawsuits are forcefully merged into one mega MDL action. The following is a list of the likely process of your Philips CPAP lawsuit, if the cases are forced into MDL:
- Philips CPAP Lawsuits are filed across the nation;
- The Judicial Panel on Multidistrict Litigation meets and identifies a court;
- The MDL is assigned to a single federal district court, from the many federal courts across the country;
- One federal district court judge is appointed to oversee all MDL activity and litigation concerning Philips CPAP lawsuit;
- The federal judge will appoint lead counsel, attorneys, as a Steering Committee to assist the court in making the Philips CPAP litigation more efficient;
- All litigants with a claim Philips for the CPAP, BiPAP, or ventilator recall that has caused cancer or other health issues, will have their case transferred to the MDL in the selected federal district court; whether the lawsuit has been filed or not against Philips at this point;
- Once the MDL has been filed, the lawsuit will enter the discovery phase, in which the Philips CPAP defense attorneys and the Philips CPAP plaintiffs’ attorneys will gather evidence and information from the other party to the Philips lawsuit.
- Philips defense team will likely seek to have the case dismissed and/or terminated by use of civil procedure tools, which Philips CPAP plaintiffs’ attorneys will fight, if or when Philips defense team is unsuccessful, then a bellwether group of litigants will be identified for “Bellwether Trials” or test trials;
- The Bellwether trials will take place in rather quick succession with both CPAP plaintiff attorneys and Philip’s defense attorneys selecting Bellwether cases for trial. Meaning, Philips will select cases they feel they can win and CPAP plaintiff’s attorneys will select the strongest plaintiff’s cases;
- Plaintiffs and their counsel hope the strength of their claims will be evidence to Philips’ defense counsel and Philips’ leadership to the point they will express interest in a global settlement, i.e. resolution for all litigants. In the 3M earplug MDL, in which we currently represent clients, these Bellwether trials, have resulted in verdicts for individual plaintiffs well in excess of one-million dollars;
- Philips’ will seek a “Global Settlement” for all plaintiffs with claims against Philips for CPAP, BiPAP, and ventilator claims, if the experienced products liability plaintiff’s attorneys fighting for plaintiffs can win enough verdicts in favor of the MDL for all plaintiffs;
- All plaintiffs must accept their settlement terms, if a global settlement is to be reached. In an MDL, such as the likely MDL against Philips for the CPAP lawsuit, each filed CPAP lawsuit is a separate claim, despite being consolidated into one multidistrict litigation. Plaintiffs in the Philips CPAP lawsuit, even if it becomes an MDL, will retain their individual counsel, such as Cannon & Associates;
- Once or if a global settlement is reached by Philips and plaintiffs, it will be up to the federal district judge overseeing the MDL to accept or refuse to accept the MDL terms of the global settlement;
- In almost all MDL settlements, a “Tiered System” of compensation is created by the Steering Committee, which evaluates the seriousness of each plaintiff’s injury and the strength of the evidence they would present in trial.
- Once a global settlement is reached, you and your Philips CPAP products liability attorney will seek to have your claims identified at the appropriate level to provide you with the amount of compensation you deserve;
What Happens if my CPAP Lawsuit is not Consolidated in an MDL?
Although it is highly likely that the Philips CPAP lawsuits will eventually be conciliated into one MDL, such as the pending actions in the Western District of Pennsylvania, the process will someone different for every plaintiff. The duration of your Philips CPAP lawsuit will differ widely, if the lawsuits are handled in separate federal district courts.
The timeline for your Philips CPAP lawsuit, if litigated in an individual lawsuit, as opposed to the pending MDL against Philips will be impacted by the following factors:
- Motions litigated by plaintiff and defense counsel;
- Discovery process, by which the parties attempt to uncover evidence and relevant information in the case;
- Ruling issues by the judge;
- Negotiations by the parties;
- Medical coverage and the parties’ willingness to litigate claims in trial in an expedited manner;
- The complexity of arguments for and against Philips’ liability for recalled CPAP, BiPAP, and ventilators.
- The volume of witnesses and experts to be deposed by the parties and number of witnesses that will be called to testify at trial;
- The docket and availability of the specific federal judge your case is assigned.
In the end, the duration and involvement of your Philips CPAP lawsuit will have more moving pieces, in you are involved in a separate product’s liability lawsuit; however, it will only have the support of your chosen Philips CPAP lawyers.
Therefore, we support the formation of the MDL, as it allows all plaintiffs that suffered by Philips’ CPAP and other devices’ toxic and cancer-causing effects to be assisted by a team of great plaintiff products liability attorneys. The duration of your Philips CPAP lawsuit may be roughly a year or substantially longer, dependent on the factors identified above.
When Will I be Compensated in my Philips CPAP Lawsuit?
As in most of life, there are no guarantees you will be compensated in this Philips CPAP lawsuit. Additionally, compensation in your lawsuit against Philips is not certain; however, you will not be able recover any compensation, if you do not file a lawsuit or join the pending MDL.
There is no guarantee of compensation in the CPAP lawsuit or a favorable settlement; however, the final outcome of your CPAP lawsuit depends on the unique facts of your case as well as how your lawsuit moves through litigation and the federal legal system.
Do I Qualify for the CPAP Lawsuit?
If you’ve suffered from cancer after using a recalled Philips CPAP machine, BiLevel PAP machine, or mechanical ventilator, you may be entitled to compensation and qualify for a CPAP lawsuit. In order to qualify for compensation you are more likely to recover, if you meet the following Philips CPAP lawsuit criteria:
- Used a recalled Philips BiLevel CPAP, Philips CPAP machine, or Philips ventilator;
- Suffer from the following diagnosis after using an identified Philips recall; lung cancer, throat cancer, kidney cancer, liver cancer, respiratory failure, heart problems, or other qualifying injuries
Philips CPAP, BiPAP and Ventilator Attorneys
Are you ready to consult with an attorney because you or a loved one used a recalled Philips CPAP or ventilator and suffered health complications, such as cancer or lung disease? Contact us for a free confidential case evaluation. We would be glad to answer your questions and, if you decide to work with us, you pay us nothing, unless we win compensation for you or your loved one.
Call Your Fierce Advocates™ today at (405) 657-2323 to schedule a free, no-obligation case evaluation or complete the CONTACT FORM ON THIS PAGE NOW to get started. Our experienced product liability attorneys at Cannon & Associates will review your claim and advise you of your options in filing a lawsuit against Philips for a recalled device. You may be entitled to compensation for medical bills, pain and suffering, and more.