Philips CPAP MDL Judge Sends Medical Monitoring Claims Back to Special Master

PITTSBURGH — The judge overseeing the MDL docket for cases involving Philips Respironics’ recalled CPAP and BiPAP machines has asked a special master to reexamine the issue of whether certain states’ laws bars medical monitoring claims, explaining that it is important to know which of the 15 counts remain in the case, and which claims apply to which states.

On Feb. 15, Judge Joy Flowers Conti of the U.S. District Court for the Western District of Pennsylvania said the special master “should clarify for each relevant state: whether medical monitoring is a stand-alone claim (and whether or not a manifest …