CPAP MDL Court Asks Defendant to Clarify Why It Can’t Preserve Evidence in Recalled Machines

PITTSBURGH –– The federal court overseeing litigation related to the recall of Philips CPAP, Bi-Level PAP and mechanical ventilator products has asked the defendant to clarify why it cannot comply with obligations under the U.S. Federal Drug Administration and still preserve evidence identified in the court’s Case Management Order.

In a Nov. 15 docket entry, the U.S. District Court for the Western District of Pennsylvania asked Philips RS North America LLC (Respironics) to file a reply brief by 1:00 p.m. on Nov. 17 explaining why it is unable to preserve the PE-PUR foam, memory cards in the devices, and other …