Respironics Must Wait for Medical Monitoring Ruling in CPAP Case

Respironics’ effort to get a special master’s report and recommendation for dismissal in a multi-district litigation involving recalled sleep apnea CPAP machines was dealt a setback when the federal court hearing the case sent the report back to the master for a do-over.

The R&R pertained to defendant Respironics’ motion to dismiss the master complaint for medical monitoring. The special master recommended the motion to dismiss be granted, with respect to tort claims under laws of 30 states, and denied in all other respects. Plaintiffs filed objections to the R&R, as did Respironics’, on behalf of itself.

Judge Joy Flowers ...