CPAP Plaintiffs Say Negligent Recall Claims Not Impliedly Preempted

PITTSBURGH — Plaintiffs in the MDL for cases involving Philips Respironics’ recalled CPAP and BiPAP machines told a Pennsylvania federal judge that their negligence claims are not preempted because they are not seeking to enforce the Food, Drug and Cosmetic Act in their negligent recall claims.

In an opposition brief filed before Judge Joy Flowers Conti of the U.S. District Court for the Western District of Pennsylvania, plaintiffs say their “claims are rooted in Philips’ breach of traditional state law duties thus avoiding any issues arising from Buckman v. Plaintiffs’ Legal Committee.”

“Because of Philips’ negligence, Plaintiffs continued to use …