There is currently an MDL (Multi-District Litigation) Order governing discovery for any and all filed cases for individuals injured by certain Philips CPAP devices. (The FDA published a list of the specific models of CPAP devices that were recalled last year). This means that whether an individual was injured in Alaska, Alabama, Texas, Michigan or Florida, his/her filed case will be transferred, for purposes of discovery, to the Western District of Pennsylvania.
Once an individual’s case has been filed, then: Can a client “track” or follow their CPAP case? In the Western District of Pennsvlania – for CPAP litigation – the answer to that question is: “Yes!” The Honorable Joy Flowers Conti has issued an Order stating that the transcripts of all Court proceedings in this MDL will be made available on the Court’s website at: https://www.pawd.uscourts.gov/mdl-3014-re-philips-recalled-cpap-bi-level-pap-and-mechanical-ventilator-products-litigation Further, in an effort to accomplish transparency, Judge Flowers Conti has also ruled that any Plaintiff or member of the public who wishes to attend any of the Court’s CPAP proceedings in person, is welcome to do so.
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.
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