+- Apnea Board Forum - CPAP | Sleep Apnea (https://www.apneaboard.com/forums)
+-- Forum: Public Area (https://www.apneaboard.com/forums/Forum-Public-Area)
+--- Forum: Main Apnea Board Forum (https://www.apneaboard.com/forums/Forum-Main-Apnea-Board-Forum)
+--- Thread: [News] RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS (/Thread-News-RECALL-THREAD-IMPORTANT-PHILIPS-DREAMSTATION-SYSTEM-ONE-USERS)
Pages:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - chasmm - 03-20-2024
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...
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 03-20-2024
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
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 04-06-2024
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.
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 04-12-2024
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.
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 04-18-2024
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
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 04-25-2024
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
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 04-25-2024
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)
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - Sheepish - 04-25-2024
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.
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 04-26-2024
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)
RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 05-01-2024
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