Philips Seeks Dismissal of 3rd Amended Complaint in CPAP, BiPAP MDL

PITTSBURGH — Philips RS North America LLC has asked a Pennsylvania federal judge to dismiss the consolidated third amended complaint in the recalled CPAP and BiPAP MDL, arguing that its June 2021 voluntary recall of the devices provide no basis for plaintiffs’ economic damages claims.

In a Dec. 6 motion filed before Judge Joy Flowers Conti of the U.S. District Court for the Western District of Pennsylvania, Philips contends that “the initiation of a product recall by itself provides no basis for imposing liability for economic damages, since the purpose of a recall is to repair or replace potentially defective …