This case was last updated from PACER on 08/28/2021 at 08:54:06 (UTC).

Shelton v. Koninklijke Philips N.V. et al

Case Summary

On June 29, 2021, Gerry Shelton (“Plaintiff”), represented by Jason M. Leviton of Block & Leviton LLP filed a Product Liability Lawsuit against Koninklijke Philips N.V., Philips North America LLC, and Philips RS North America LLC (collectively, “Philips” or “Defendants”), seeking injunctive and equitable relief, damages and costs for allegedly selling CPAP and BIPAP machines with Foam Defects. This case was filed in U.S. District Court in the District of Massachusetts with Judge Denise J. Casper presiding

 

In its complaint, the Plaintiff alleged that, “On June 14, 2021, Philips announced a recall of many of its CPAP/BiPAP machines and its ventilators (the “Recalled Breathing Machines”).1 Specifically, the Recalled Breathing Machines contain polyester-based polyurethane (“PE-PUR”) foam for sound abatement. Philips announced that this foam may break down and be inhaled or ingested. Further, the PE-PUR foam may emit volatile organic compounds (“VOCs”) that may be inhaled, ingested, adversely affect organs, and are carcinogenic. Philips announced these hazards could result in “serious injury which can be life-threatening or cause permanent impairment.”” 

 

The Plaintiff further alleged that, “Philips knew about these very substantial and material risks long before the recall. Patients who use the Recalled Breathing Machines have complained about black particles in their machines for several years. Philips, however, did not warn the public or its customers about these hazards until late April 2021 and did not recall the Recalled Breathing Machines until June 14, 2021.”

 

Plaintiff even further alleged that, “Patients use the Recalled Breathing Machines every day but, absent this litigation, Philips had no plan to replace any of the affected devices now or in the future. Philips has no concrete timeline for replacing or repairing any of the Recalled Breathing Machines.”

 

Plaintiff also alleged that, “In fact, Philips timed its recall of the Recalled Breathing Machines to coincide with the launch of its next generation of products, which purportedly do not suffer from the same PE- PUR foam issues. Thus, the only safe option that Philips offers to its customers—many of whom need and rely on the Recalled Breathing Machines—is to purchase Philips’s newer model, thus profiting Philips further.” 

 

There are nine claims for relief by the Plaintiff. The first claim alleged dealing with strict liability regarding failure to warn, the second dealing with strict liability regarding design defect, the third dealing with negligent failure to warn, the fourth dealing with negligent design defect, the fifth dealing with negligent recall, the sixth dealing with breach of express warranty, the seventh dealing with breach of the implied warranty of merchantability, the eighth dealing with Oregon Unlawful Trade Practices Law (Or. Rev. Stat. §§ 646.605, et seq.), and the ninth claim dealing with unjust enrichment. 

 

In its prayer for relief the Plaintiff requested the court to enter an order against Defendants determining that the claims alleged herein may be maintained as a class action awarding equitable and injunctive relief; requiring Defendants to institute a medical monitoring program for Plaintiff and Class members, restitution, and disgorgement of profits, actual, general, special, incidental, punitive; and consequential damages together with prejudgment and post-judgment interest and costs of litigation. 

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    1:21-CV-11076

  • Filing Date:

    06/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Product Liability

Judge Details

Presiding Judge

Denise J. Casper

 

Party Details

Plaintiff

Gerry Shelton

Defendants

Koninklijke Philips N.V.

Philips North America LLC

Philips RS North America LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Jason M. Leviton

Attorney at Block & Leviton LLP

260 Franklin Street, Suite 1860

Boston, MA 02110

Dena R. Young

Attorney at Berger Montague PC

1818 Market Street, Suite 3600

Philadelphia, PA 19103

John G. Albanese

Attorney at Berger Montague PC

1229 Tyler Street Ne, Suite 205

Minneapolis, MN 55413

John Quinn Kerrigan

Attorney at Berger Montague PC

1818 Market Street, Suite 3600

Philadelphis, PA 19103

Shanon J. Carson

Attorney at Berger Montague PC

1818 Market Street, Suite 3600

Philadelphia, PA 19103

Defendant Attorneys

Daniel S. Savrin

Attorney at Morgan, Lewis & Bockius LLP

One Federal Street

Boston, MA 02110

Emma D. Hall

Attorney at Morgan Lewis & Bockius LLP

One Federal Street

Boston, MA 02110

Franco A. Corrado

Attorney at Morgan, Lewis & Bockius LLP

1701 Market Street

Philadelphia, PA 19103-2921

John P. Lavelle, Jr.

Attorney at Morgan, Lewis & Bockius LLP

1701 Market Street

Philadelphia, PA 19103-2921

 

Docket Entries

  • 08/09/2021
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  • Docket(#22) REPLY to Response to #20 MOTION for Leave to File Reply in Support of Defendants' Motion to Stay Proceedings Pending A Decision by the Judicial Panel on Multidistrict Litigation on a Motion to Transfer [Leave to File granted on 8-9-2021] filed by Philips North America LLC, Philips RS North America LLC. (Savrin, Daniel) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#21) Judge Denise J. Casper: ELECTRONIC ORDER entered granting #20 Motion for Leave to File Reply in Support of Defendants' Motion to Stay Proceedings Pending A Decision by the Judicial Panel on Multidistrict Litigation on a Motion to Transfer by Philips North America LLC, Philips RS North America LLC; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) (Entered: 08/09/2021)

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  • 08/06/2021
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  • Docket(#20) MOTION for Leave to File Reply in Support of Defendants' Motion to Stay Proceedings Pending A Decision by the Judicial Panel on Multidistrict Litigation on a Motion to Transfer by Philips North America LLC, Philips RS North America LLC. (Attachments: #1 Exhibit 1-Proposed Reply, #2 Exhibit A)(Hall, Emma) (Entered: 08/06/2021)

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  • 08/04/2021
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  • Docket(#19) Joint RESPONSE to Motion re #15 MOTION to Stay Pending JPML Decision JOINT RESPONSE TO DEFENDANT PHILIPS MOTION TO STAY PROCEEDINGS filed by Gerry Shelton. (Attachments: #1 Exhibit, #2 Exhibit, #3 Declaration, #4 Exhibit)(Leviton, Jason) (Entered: 08/04/2021)

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  • 08/04/2021
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  • Docket(#18) Judge Denise J. Casper: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice Added John P. Lavelle, Jr. ; granting #13 Motion for Leave to Appear Pro Hac Vice Added Franco A. Corrado. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Currie, Haley) (Entered: 08/04/2021)

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  • 07/28/2021
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  • Docket(#17) Judge Denise J. Casper: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Dena R. Young, John G. Albanese, John Q. Kerrigan & Shanon J. Carson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) (Entered: 07/28/2021)

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  • 07/21/2021
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  • Docket(#16) MEMORANDUM in Support re #15 MOTION to Stay Pending JPML Decision filed by Philips North America LLC, Philips RS North America LLC. (Savrin, Daniel) (Entered: 07/21/2021)

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  • 07/21/2021
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  • Docket(#15) MOTION to Stay Pending JPML Decision by Philips North America LLC, Philips RS North America LLC.(Savrin, Daniel) (Entered: 07/21/2021)

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  • 07/21/2021
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  • Docket(#14) NOTICE of Appearance by Emma D. Hall on behalf of Philips North America LLC, Philips RS North America LLC (Hall, Emma) (Entered: 07/21/2021)

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  • 07/21/2021
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  • Docket(#13) MOTION for Leave to Appear Pro Hac Vice for admission of Franco A. Corrado Filing fee: $ 100, receipt number 0101-8868894 by Philips North America LLC, Philips RS North America LLC. (Attachments: #1 Declaration)(Savrin, Daniel) (Entered: 07/21/2021)

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2 More Docket Entries
  • 07/21/2021
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  • Docket(#10) NOTICE of Appearance by Daniel S. Savrin on behalf of Philips North America LLC, Philips RS North America LLC (Savrin, Daniel) (Entered: 07/21/2021)

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  • 07/16/2021
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  • Docket(#9) AFFIDAVIT OF SERVICE Executed by Gerry Shelton. Koninklijke Philips N.V. served on 7/15/2021, answer due 8/5/2021. Acknowledgement filed by Gerry Shelton. (Leviton, Jason) (Entered: 07/16/2021)

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  • 07/14/2021
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  • Docket(#8) NOTICE by Gerry Shelton RESPONSE TO PLAINTIFF MANNAS MOTION TO CONSOLIDATE AND APPOINT INTERIM LEAD COUNSEL (Attachments: #1 Exhibit)(Leviton, Jason) (Entered: 07/14/2021)

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  • 07/14/2021
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  • Docket(#7) MOTION for Leave to Appear Pro Hac Vice for admission of Dena R. Young, John G. Albanese, John Q. Kerrigan, Shanon J. Carson Filing fee: $ 400, receipt number 0101-8858893 by Gerry Shelton. (Attachments: #1 Affidavit, #2 Motion, #3 Affidavit, #4 Motion, #5 Affidavit, #6 Motion, #7 Affidavit)(Leviton, Jason) (Entered: 07/14/2021)

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  • 07/10/2021
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  • Docket(#6) AFFIDAVIT OF SERVICE Executed by Gerry Shelton. All Defendants. Acknowledgement filed by Gerry Shelton. (Leviton, Jason) (Entered: 07/10/2021)

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  • 06/30/2021
  • Docket(#5) ELECTRONIC NOTICE of Case Assignment. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) Modified on 6/30/2021 - Entry done twice in error, (Finn, Mary). (Entered: 06/30/2021)

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  • 06/30/2021
  • Docket(#4) ELECTRONIC NOTICE of Case Assignment. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#3) Summons Issued as to Koninklijke Philips N.V., Philips North America LLC, Philips RS North America LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 06/30/2021)

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  • 06/30/2021
  • Docket(#2) ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. (Finn, Mary) (Entered: 06/30/2021)

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  • 06/29/2021
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  • Docket(#1) COMPLAINT against All Defendants Filing fee: $ 402, receipt number 0101-8839868 (Fee Status: Filing Fee paid), filed by Gerry Shelton. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Leviton, Jason) (Entered: 06/29/2021)

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