With thousands of former users pursuing CPAP lawsuits over cancers and other injuries, Philips plans to file a third party complaint against the makers of SoClean devices that may degrade toxic foam inside the machines
This is Philips second attempt to have the CPAP recall lawsuits dismissed, and comes as the Court continues to push settlement negotiations and begins preparing a group of bellwether cases for early trial dates.
Philips officials have indicated they hope to reach a Philips CPAP lawsuit settlement this year, which may resolve the claims before early bellwether trials begin.
Company officials have said they hope to reach a Philips CPAP settlement, resolving personal injury claims, sometime this year.
The FDA has received injury and death reports linked to recalled Philips CPAP devices, including incidents of cancer, pneumonia, asthma, infections and other side effects from breathing toxic foam particles released by the machines.
Settlement sets aside about $393 million to meet the requirements of a Philips CPAP recall consent decree with the FDA, after millions of sleep apnea machines were sold with toxic sound abatement foam
In response to a SoClean lawsuit filed against Philips, the manufacturer of recalled CPAP machines has filed a counterclaim alleging that SoClean knew it's ozone cleaners were incompatible with the Philips breathing machines.
Philips knew about CPAP machine foam problems years before an Iowa man purchased his device in 2015, which he indicates ultimately resulted in his development of thyroid cancer.
Law makers question whether FDA knew the manufacturer was withholding information about Philips CPAP problems, and failed to take enforcement action to require an earlier recall.
Philips CPAP class action settlement provides reimbursements for individuals with recalled sleep apnea devices, but does not impact any pending personal injury claims for health issues caused by toxic foam inside the machines.
