Once multidistrict litigation is confirmed, a judge is also selected to oversee litigation during pretrial proceedings and the discovery process. The selected court is a potentially important factor in case outcomes because some are known to be more favorable towards plaintiffs or defendants. Factors that affect the location include where the most claims and discovery materials are, and the convenience for any witnesses who will need to testify. Such was the case on October 8, 2021, when they ruled to consolidate the more than 100 lawsuits against Philips for recalled CPAP devices.Īnother decision the JPML makes is which court the proceedings will be held in. The Judicial Panel of Multidistrict Litigation, which consists of seven circuit and district judges, has a hearing session to review claims and decide whether an MDL should be initiated.
When multiple federal lawsuits “involve common questions of fact,” multidistrict litigation could occur. While pretrial proceedings and the discovery process will be streamlined through MDL, each lawsuit will still be tried on its own. The Western District of Pennsylvania was selected to host the pretrial proceedings for the products liability cases named in the motion to consolidate. Since then, even more lawsuits have emerged.ĭue to the similarity of these claims, the Judicial Panel on Multidistrict Litigation (JPML) ruled to consolidate 110 federal lawsuits against Philips in multidistrict litigation (MDL).
This could lead to a range of illnesses, including chemical poisoning, asthma, pulmonary fibrosis, and liver damage.īy the end of September, 93 proposed class action lawsuits were filed against Philips in response to injuries, risks, and disruptive use of affected CPAP machines. The PE-PUR foam degradation in Philips CPAP machines caused some consumers to ingest and even inhale toxic and carcinogenic compounds. The complaints and legal claims that followed were due to the breakdown of the polyurethane (PE-PUR) foam, which exists to provide a noise-abating layer, in certain models. In June 2021, Philips Respironics recalled millions of continuous positive airway pressure (CPAP) and other respiratory devices after receiving complaints of defects and new or worsened illnesses from consumers.
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