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

[SuperSleeper]

Although this seemingly "good" development appears hopeful (where you can select getting an Auto-CPAP replacement without a script)  I find myself also hoping that this is not simply a stall tactic to reduce the numbers of affected patients who keep calling in to the recall phone number asking for the status of their replacement device.

Time will tell.  I just hope that it isn't another 12 months or more...

[WakeUpTime]

Philips Voluntary Recall Information
Philips Respironics Sleep and Respiratory Care devices
January 12, 2023

"I don’t have my prescription yet. What are my options?"

Beginning January 17, 2023, for patients who haven’t been able to obtain their prescription settings, receiving a replacement device with Auto-adjusting CPAP settings may be an option.

The option to receive an Auto CPAP set to default pressure range settings is available for CPAP and Auto CPAP patients only.

(Not applicable for owners of a Recalled Philips BiPAP, ASV, DreamStation Go, etc.)

>> Full Description Link  <<


(*637 Days waiting for Philips faulty device replacements.)

[ejbpesca]

The Philips Patient Portal claims the "no prescription needed," choice is the quicker way to getting a replacement. If setting up the machine is as easy as setting up an Airsense 10, the user will be able to enter settings, or a CPAP therapist, clinic, or DME may be willing to set it up possibly for no charge.

Check on it at the Patient Portal. If like my case, the update emails/calls promised have not been made from Philips.

[TimaaaaaaaahRocks]

A bunch more folks let go at respironics this week. Some in customer service no less. People who created and ignored the problem get "retired" with a cash bribe and threats to keep their mouths shut.  People just doing their jobs correctly for decades get "laid off" with an escort out the door. Go figure. 

[btreger]

Lawsuit Information Center


What’s Going On in the Philips CPAP Lawsuits?

CPAP Claim Registry

In response to the influx of CPAP lawsuits, Philips also created a CPAP claims registry program.

The claim registry allowed potential CPAP plaintiffs to register a formal claim with Philips instead of filing a civil lawsuit. Once a claim was registered, it would toll any applicable statute of limitations, and the claimant could file suit later if necessary.

Class Action MDL Created for CPAP Lawsuits

In November 2021, just a few months after the recall announcement, there are enough Philips CPAP lawsuits (and registered claims) to prompt the JPML to consolidate the cases into a new class action MDL. The new CPAP recall class action MDL was assigned to Judge Joy Flowers Conti in the Western District of Pennsylvania.

The initial transfer Order establishing the CPAP class action MDL included 110 pending CPAP recall lawsuits from federal courts across the country. As of January 2023, there were just over 300 pending cases in the CPAP recall MDL. However, this number is very misleading because most prospective CPAP plaintiffs opted to register claims with Philips rather than file a civil lawsuit. The claim registration program has kept the number of pending cases in the MDL artificially low.

What’s Next in the CPAP Litigation?

As we head into the new year, the CPAP recall MDL continues to plod along at the plodding pace that Judge Conti has set from the start. We are still basically in a mid-discovery phase right now. That means that at this point, there is no chance that we will get the first bellwether trial in 2023.

The bellwether trials are critically important in a mass tort MDL like this because they help set the expectations and get both sides to start negotiating a global settlement. Without a bellwether trial on the schedule, there is nothing to compel a beleaguered defendant such as Philips to work toward a settlement that could cost billions. Philips would probably be glad to litigate these cases for the next decade just to delay that.

When can we expect the bellwether trials to begin? The first CPAP bellwether test trial could happen around September 2024.

What’s Going On in the Philips CPAP Lawsuits? — Lawsuit Information Center (lawsuit-information-center.com)

[pswartz]

I hope some good news coming… I got a Fedex notification that I am getting package from Respironics on Monday. I assume this is my replacement for my BiPap Auto 960P System One 60. Located in the US. Fingers crossed!

[Phaleronic]

I hope some good news coming… I got a Fedex notification that I am getting package from Respironics on Monday.  I assume this is my replacement for my BiPap Auto 960P System One 60.   Located in the US.  Fingers crossed!

Very good to hear!

[SuperSleeper]

I hope some good news coming… I got a Fedex notification that I am getting package from Respironics on Monday.  I assume this is my replacement for my BiPap Auto 960P System One 60.   Located in the US.  Fingers crossed!

pswartz - at what date did you register your device on the Philips recall website?

[pswartz]

August 2021

[SleeplessinPgh]

I registered my machine on 6/18/2021. Once we had the option to receive a replacement without a prescription, I chose that option on 1/17/2023. The message I got when I logged in today shows that my replacement will be shipped 4/27/23.  Progress?

(Sorry for the duplication. I also posted this on the replacement tally thread.)