It is common knowledge now that individuals who have suffered injuries due to the use of Philips CPAP machines will have their cases managed as part of an: “MDL” What is an “MDL” and what does that term mean for current and potential Philips CPAP Plaintiffs?
“MDL” stands for “Multi-District Litigation” and is a type of legal proceeding that assists the U.S. Federal Courts and the parties, to efficiently manage litigation involving claims that are factually similar. Rather than conducting discovery on similar product defect claims in each of the separate U.S. District Courts, which are spread out across the Country, an MDL Order is sometimes issued by the Joint Panel on Multidistrict Litigation (JPML) consolidating product recall cases into a single U.S. District Court. This allows for the centralization of discovery and for the more efficient and cost-effective use of resources, which ultimately benefits the Plaintiffs, the Courts and the Defendants.
All CPAP claims, from across the Country, will now be managed as part of an MDL, in the Western District of Pennsylvania, by Judge Joy Flowers Conti. Judge Flowers Conti, who was appointed by the JPML, is an experienced Judge, who is more than capable of handling complex litigation of this nature. Judge Flowers Conti has already issued initial Orders in the CPAP litigation setting up the structure of the Philips CPAP MDL. There is a Status Conference set to take place on March 22, 2022, and litigation is likely to continue for a significant period of time thereafter. https://www.pawd.uscourts.gov/sites/pawd/files/3014_Pretirial_Order_9.pdf (PreTrial Order #9 – Order Setting Status Conference)
If you have a CPAP claim, your attorney will be working within the MDL and in compliance with the Orders issued by Judge Flowers Conti, for discovery and pretrial purposes.
A Michigan native who graduated from both Michigan State University and Cooley Law School, Mr. Weidenfeller has limited his practice of law to representing individuals who have been permanently injured and families who have lost a loved one as the result of medical errors for more than 20 years. In that time, he has been featured on the cover of Michigan Lawyer’s Weekly and has spoken to many and varied professional groups about trial practice and effective communication.