Litigation over Koninklijke Philips N.V.’s recalled breathing devices is ramping up across the United States, and a hearing before the Judicial Panel on Multidistrict Litigation on the cases’ consolidation is set to be held at the end of September. So far, all parties who responded to the initial motion to transfer the case—including the defendants—have supported consolidation, so the question will likely not be whether the cases will lead to a multidistrict litigation, but rather where the resulting MDL will be located.

The various suits stem from Koninklijke Philips’ June 14 recall of several of its continuous positive airway pressure and bilevel positive airway pressure machines, also called CPAP machines, and other respiratory devices. The company issued the recall after it found that the sound-abatement foam used in the products can produce particles or chemicals that may cause symptoms ranging from skin and eye irritation to “carcinogenic effects.”

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