Philips Seeks Dismissal of CPAP Recall Lawsuit
On March 13, 2024, lawyers representing Philips, the manufacturer of CPAP machines, filed a motion in federal court to dismiss a multi-district lawsuit. This lawsuit criticizes the way Philips managed the CPAP machine recall and includes allegations of fraud and consumer protection violations.
Philips argues that even if there were mishandlings in the recall process (as has been suggested), claims related to the recall and subsequent actions should be dismissed. This is based on the assertion that these claims are preempted by the Federal Food, Drug, and Cosmetics Act. This act prohibits individuals from enforcing FDA regulations or seeking damages based on violations of the FDCA and FDA guidelines.
This legal maneuver by Philips is a strategic move in the ongoing legal battle surrounding its CPAP machines. It is important to note that this motion does not impact the CPAP personal injury and wrongful death lawsuits that are the primary focus of the MDL. These cases remain separate and are being actively pursued by our legal team.
