Philips CPAP recall: care and claims in Texas

MDL 3014 — Texas CPAP/BiPAP cancer claims transfer to the Western District of Pennsylvania, where Judge Joy Flowers Conti presides over MDL 3014 in Pittsburgh. Texas plaintiffs typically file in the Northern, Southern, Eastern, or Western District of Texas, after which the JPML issues a conditional transfer order to W.D. Pa.

Texas Statute of Limitations — Texas Civil Practice and Remedies Code § 16.003 imposes a two-year limitations period for personal injury and products liability claims. Texas courts apply the discovery rule: the period begins when the plaintiff discovered, or through reasonable diligence should have discovered, both the injury and the causal connection to foam degradation in the recalled device.

Transfer Procedure — Once a Texas federal case is tagged for MDL 3014, the JPML issues a conditional transfer order. Parties have seven days to object; absent objection the case transfers to W.D. Pa. Texas cases join claims alleging cancers including nasopharyngeal, lung, kidney, liver, bladder, and esophageal cancer linked to Philips Respironics devices recalled in June 2021.

Texas Recall Registration — Texas residents affected by the Philips recall should register via the FDA MedWatch portal and the Philips patient registration system. Texas has a large home-health durable medical equipment network; patients should contact their DME supplier to confirm replacement device eligibility and preserve original device serial numbers.