What Happens If I File a CPAP Lawsuit?
CPAP, BiPAP, and mechanical ventilators provide respiratory assistance to individuals who suffer from various medical issues, such as sleep apnea. However, models of these machines manufactured by certain companies have recently been recalled due to design defects that put users at risk of being exposed to toxic foam that is part of the device. This foam can cause a wide range of illnesses, including bronchitis, respiratory infections, or throat or lung cancer.
If you have a recalled CPAP device or have been diagnosed with a medical condition that may have been caused by your defective CPAP, you may have the option of filing a CPAP lawsuit. But what is involved in the process of pursuing litigation for your defective CPAP device? Keep reading to find out.
Unfortunately, the process of pursuing a CPAP lawsuit often takes a long time. The primary reason for the long timeline of CPAP lawsuits is the fact that these lawsuits may be consolidated into multidistrict litigation or MDL. MDL is a procedural mechanism in federal courts that help streamline hundreds or thousands of cases sharing basic underlying facts. MDLs differ from class actions because class action cases typically involve one set of common facts for all claimants, whereas MDLs consolidate cases that may have some different facts from one another.
The MDL process involves multiple steps, including:
- A federal judge is appointed to oversee the MDL
- Cases are incorporated into the MDL
- The judge appoints attorneys representing various plaintiffs in the MDL into a “steering committee” to represent the interests of all plaintiffs in the MDL
- The MDL enters the discovery phase, where discovery is streamlined into a single process involving all the plaintiffs and the defendant/defendants
- After discovery, the overseeing judge may schedule one or more “bellwether” trials in which several plaintiffs get to try their claims to test the strength of the parties’ respective claims; this can help facilitate a potential global settlement among the defendants and all the plaintiffs
- If a global settlement is reached, it must be approved by the judge overseeing the MDL, and any compensation under the settlement is paid to each plaintiff according to the terms of the settlement, usually based on the severity of the plaintiff’s losses
- If no settlement is reached, each plaintiff’s case is returned to their home district for trial
How Long Will a CPAP Lawsuit Take?
Unfortunately, it is extremely difficult to estimate how long a CPAP lawsuit will take to resolve. The timeline of a lawsuit can depend on whether or not the case is consolidated into an MDL. Even if the lawsuit remains separate for its entire duration, you can expect to go through many of the same steps as in an MDL, including discovery and motion practice to test the strength of each party’s case.
As a practical matter, most defective product injury lawsuits are resolved through a settlement. However, it can take months or it can take years to reach a settlement. If a CPAP lawsuit ends up being resolved at trial, you can expect the litigation process to take a couple of years.
When Can I Expect to Get Paid?
No attorney can guarantee if or when you may get paid if you choose to pursue a CPAP lawsuit. While defective product claims are normally settled, the manufacturer of the recalled CPAP devices has publicly denied any negligence or wrongdoing. Cases take months or even years to resolve, although once a settlement or verdict in your favor is reached you can expect to begin receiving payments within a matter of weeks or a few months.
Contact a Personal Injury Lawyer Near You to Discuss Your Defective Medical Device Case in New Jersey
Were you or a loved one injured due to a defective medical device in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured because of faulty products in Westfield, Red Bank, Lakewood, Ocean Township, and throughout Ocean County, Monmouth County, Union County, and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 3315 Route 35, Hazlet, NJ 07730 as well as offices in Red Bank, Brick, and Westfield.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.