Litigation
The first-class action was filed in the District of Massachusetts on June 17, 2021. The first plaintiff lung cancer case was filed in the middle district of Georgia on July 2 of 2021. The Multidistrict Litigation that was formed is MDL 3014. The appearance deadline of which was July 22, 2021. On September 30, CPAP Litigation had its first JPML hearing, which is the Judicial Panel on Multidistrict Litigation.

Qualifying Injuries
There are several qualifying injuries currently under this particular multi-district litigation. They are listed here below:
• kidney disease or damage
• liver disease or damage
• lung disease or damage
• respiratory failure
• reactive airway disease
• acute respiratory distress system
• pleural effusion
• chemical poisoning
• bladder cancer
• brain cancer
• breast cancer
• kidney cancer
• leukemia
• liver cancer
• lung cancer
• lymphatic cancer
• multiple myeloma
• non-Hodgkin’s lymphoma
• prostate cancer
• rectal cancer
• stomach cancer
• testicular cancer
• thyroid cancer
• esophageal cancer

Current Criteria
The current criteria for a plaintiff are as follows: the plaintiff must have used Phillips Resporal onyx CPAP, APAP, or BiPAP device or a mechanical ventilator; the plaintiff must have used the qualifying device for at least six months.

If you or a loved one have been injured by a CPAP device, please call us at the Michael Brady Lynch Firm at 888-585-5970.

Sources:

https://www.fda.gov/medical-devices/medical-device-recalls/philips-respironics-recalls-certain-continuous-and-non-continuous-ventilators-including-cpap
https://www.fiercebiotech.com/medtech/fda-dishes-out-class-i-label-to-philips-recall-faulty-cpap-machines-and-other-ventilators