Ky. CPAP Device Lawsuit Dismissed for Lack of Subject Matter Jurisdiction

COVINGTON, Ky. — A Kentucky federal judge has dismissed for lack of subject matter jurisdiction a lawsuit involving a continuous positive airway pressure device, ruling that the plaintiff’s state tort claims do not present a federal question.

On Feb. 13, Judge David Bunning of the U.S. District Court for the Eastern District of Kentucky found nothing in the record to suggest that the federal questions involved in this case are significant to the federal system as a whole.

To help her breathe while sleeping, Patricia Fenn used a CPAP device manufactured by Philips Respironics Inc. and Philips Electronics North America …