Specialist
Executive at KJC Law Group
Agenda
- Settlement framework for multi-district litigation and potential damages reimbursement dynamics
- Case study comparison with Bayer-Monsanto's (ETR: BAYN) Roundup – key similarities and differences
- Implications of Class I recall on future Philips Respironics (AMS PHIA) (NYSE: PHG) FDA submissions
- SoClean USD 200m lawsuit against Philips – implications and outlook
- Potential for Supreme Court escalation
Questions
1.
Potential for Supreme Court escalation
2.
The MDL [multi-district litigation] means settlements may vary across cases – some reports speculate that settlements could be USD 100,000-500,000. What are your thoughts on these estimates or on what payouts could be? What should be included in the calculation per victim?
3.
Will medical expenses or lost wages be included in the calculations per victim? What will be included?
4.
You mentioned MDLs could have a particular calculation so the judge can award refunds class-wide. Would this mean everyone getting refunds alongside individual economic and non-economic calculations?
5.
What’s the likelihood of punitive damages? There is emerging evidence of customers complaining to Philips about particular exposure for years prior to the CPAP recall in June 2021.
6.
Financial settlements for medtech product defects such as hip and cochlear implants have rarely exceeded USD 3bn. Do you think this is a good guide for the Philips case?
7.
Is there a chance of the Supreme Court hearing the Philips case? They refused to hear the J&J talc case, but after Trump’s latest appointments it is now a more conservative pro-business court.
8.
SoClean’s recent USD 200m lawsuit accused Philips of deceiving the public and healthcare industry by falsely linking the problems with Philips’ machines to SoClean’s ozone-based cleaning methods. How might this lawsuit differ from and impact the Philips recall case? Are they separate?
9.
If SoClean’s products are enhancing the chemicals in the Philips sleep apnoea machines and causing the reported medical issues, how would that affect the Philips recall?
10.
Do you have any final points to make?
