Philips Permitted to Amend Consumer Protection Act Counterclaim in SoClean MDL

HARRISBURG, Pa. — A Pennsylvania federal judge has allowed Philips Respironics to amend its counterclaim for violation of the New Hampshire Consumer Protection Act against SoClean Inc., in which Philips contends that SoClean Inc.’s cleaning device for CPAP and BiPAP machines was destructive, causing a June 2021 recall of the devices.

In a Nov. 12 order, Senior Judge Joy F. Conti of the U.S. District Court for the Western District of Pennsylvania ruled that in the amended counterclaim, Philips may plead facts regarding the discovery rule. However, the judge denied Philips’ motion to amend its other counterclaims, ruling that it …