[News] RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS

[chasmm]

I'm in a similar position.

System One replaced with new DS2
DS1 replaced with refurbed DS1
DS Go awaiting hopeful replacement on a DS Go

And as luck would have it, I bought a DS2 about 2 weeks too soon for me to get it reimbursed...

[btreger]

Update on a recent posting

Several days ago I posted this story:

Pittsburgh Post-Gazette


Safety concerns emerge over breathing machines at another Pennsylvania medical device maker

Drive DeVilbiss Healthcare abruptly stopped making the machines at its Somerset facility in 2021

Nicko has posted a video on YouTube that provides all the details and more on this story.

Drive Devilbiss - The Recall That Never Happened. (youtube.com)
Updated and new video;
https://www.youtube.com/watch?v=jPyjRzC5zuk

[btreger]

UNITED STATES DISTRICT COURT
Western District of Pennsylvania

MDL 3014 In Re: Philips Recalled Litigation

ORDER: In accordance with the court's standard practice, all persons wishing to participate on April 11, 2024, in the final fairness hearing about the economic loss proposed settlement must appear in person. Signed by Judge Joy Flowers Conti on 4/4/2024.

[btreger]

MDL 3014 In Re: Philips Recall

04/11/2024

Minute Entry for proceedings held before Judge Joy Flowers Conti: Final Fairness Hearing held on 4/11/2024. The court held a final fairness hearing on the settlement of the economic loss claims. Counsel committed to follow up with objectors and deficient opt-out persons, and to continue representation of the class throughout any appeals, as set forth on the record. Philips agreed that opt-outs who missed the deadline by one day would be considered timely and valid and represented that it would not exercise its right to terminate the agreement. The court will issue an opinion and order concerning the approval of the settlement and will include a list of deficient opt-outs with that order. Counsel will provide an updated list and a revised proposed order. The court reviewed all 78 objections on the record. No objectors appeared in person at the hearing.

[btreger]

AboutLawsuits

Fairness of Philips CPAP Recall Settlement Being Evaluated By MDL Judge

Objections to the Philips CPAP settlement agreement will be addressed at a status conference scheduled for April 25.

Following a fairness hearing held last week, the U.S. District Judge presiding over all Philips CPAP recall lawsuits indicates she will soon issue an opinion and order, determining whether to approve a class action settlement that resolves economic loss claims brought by owners of the recalled machines.

Fairness of Philips CPAP Recall Settlement Being Evaluated By MDL Judge - AboutLawsuits.com

[btreger]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

IN RE: PHILIPS RECALLED CPAP, )
BI-LEVEL PAP, AND MECHANICAL )
VENTILATOR PRODUCTS ) 

This Document Relates to All Actions )
Asserting Economic Loss Claims

Filed 04/25/24 

MDL No. 3014

26. Subject to the approval of this court, Defendants and the other Released Parties may recover all 
reasonable costs and expenses from a Settlement Class Member arising from that Settlement Class 
Member’s violation of this injunction.

34. This is the Final Order and Judgment as defined in the Settlement Agreement. In 
the event that this Final Judgment is not otherwise final and appealable, according to Federal Rule 
of Civil Procedure 54(b), the Court finds and directs that there is no just reason for delaying 
enforcement or appeal and judgment should be entered.

3014_Order_2736.pdf (uscourts.gov)

For OldSteve

[btreger]

RE: >above<

More information:

IX. Conclusion
 
Based on the foregoing, and consistent with the court’s findings and rulings at the April 
11, 2024 final fairness hearing, the court finds that: (1) all the requirements for class certification 
have been met; (2) there was appropriate notice of the settlement of the Economic Loss Claims; 
(3) the settlement is fair, reasonable, and adequate; and (4) the distribution plan is fair reasonable and adequate. 

3014_Opinion_2735.pdf (uscourts.gov)

[Sheepish]

Just a word of thanks, @btreger , for being the Board's legal eagle on this ongoing issue and compiling a one-stop documentation reference here. The issue is serious enough to warrant the legal action undertaken, and it's appreciated that this action has been summarized and archived here for all to consult.

[btreger]

More Information That You May Not Want To Know About:


IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MDL NO. 3014

ORDER GRANTING SETTLEMENT CLASS COUNSEL’S MOTION FOR AN AWARD OF 
ATTORNEY'S FEES, COSTS, AND EXPENSES AND FOR SERVICE AWARDS TO 
SETTLEMENT CLASS REPRESENTATIVES

AND NOW the 25th day of April, 2024

2. This Court hereby awards attorneys’ fees of $94,440,614.59 and 
reimbursement of costs and expenses in the amount of $559,385.41

3014_Order_2737.pdf (uscourts.gov)

[btreger]

Some more reporting on the settlement:

PROPUBLICA


Philips Agrees to Pay $1 Billion to Patients Who Say They Were Injured by Breathing Machines

The proposed settlement unveiled Monday between the global manufacturer and plaintiffs’ lawyers will effectively end more than 700 lawsuits filed after the 2021 recall of millions of the company’s widely used sleep apnea devices and ventilators.

More than 50,000 people are involved in the litigation. It has yet to be determined how many will have claims that fall under the terms of the settlement, which will be filed in federal court in Pittsburgh.

Philips also agreed to provide $25 million to cover the cost of medical monitoring for users who are fearful that hazardous chemicals emitted from the machines could lead to long-term harm, including cancer. Since 2021, the Food and Drug Administration has received more than 500 reports of deaths reportedly associated with the machines since 2021.

Philips Agrees to Pay $1 Billion to Settle Breathing Machine Lawsuits — ProPublica