<p>@Craig Smith</p>
<p>> The Plaintiffs’ team including members of our office worked extensively with medical and toxicological experts. I am very pleased to note that our firm’s criteria for case acceptance from the inception, and as slightly modified over time, closely parallels the compensable injuries in the settlement program. The following injuries are the exclusive list of what injuries will potentially be eligible for compensation through the recently announced settlement:
><br />
> The following respiratory injuries if they were new or worsening after use of a recalled CPAP:
> Asthma
> COPD
> Pneumonitis
> Pulmonary fibrosis
> Interstitial lung disease
> Bronchitis
> Sarcoidosis
> Other restrictive or obstructive lung diseases
><br />
> The following Mouth, Nose, and Throat Cancers:
> Oral cavity cancers
> Oropharynx cancer
> Nasal cavity/sinus cancer
> Nasopharynx cancer
> Larynx cancer
> Hypopharynx cancer
> Salivary cancer
> Certain esophageal cancers – limited to those in the upper- and mid-esophagus
><br />
> Thyroid cancer – limited to only “poorly differentiated” or “anaplastic” thyroid cancer.
><br />
> Lung cancer
><br />
> Blood Cancers – limited to only the following:
> Acute Myeloid Leukemia (AML)
> Chronic Myeloid Leukemia (CML)
> Mucosa Associated Lymphoid Tissue (MALT) cancer – limited to those in the air-pathway lymphoid tissue only.
> • Philips and plaintiffs’ leadership, through a Court-appointed mediator, have reached an agreement to resolve
> the personal injury litigation and the medical monitoring class action in the US
><br />
> • Addresses ~58K individuals who filed a claim or who entered the census registry
><br />
> • Philips and Philips Respironics do not admit fault, liability, or that any injuries were caused by the devices
><br />
> • Plaintiffs’ leadership and the Settlement Administrator are responsible for allocation of the amount to claimants
> they deem eligible. Philips is not endorsing any particular injury or injury value
><br />
> • Philips Respironics has agreed to pay capped total amount of USD 1.1 billion (covering all costs);
> the related payments are expected in 2025 and to be funded from company's cash flow generation
><br />
> • Plaintiffs’ leadership will discontinue remaining claims in the Multidistrict Litigation (MDL), and Census registry
> will be terminated
><br />
> • <strong>Regardless of whether eligible individuals have filed a case, joined the census registry, or done nothing at all,</strong>
> <strong>they will have six months from the date of the settlement to sign up for the settlement</strong>
><br />
> – No incentive for law firms to advertise for new cases after settlement, as those firms will be excluded from
> compensation for those new cases
><br />
> • Amount is capped regardless of number of participants
><br />
> • Plaintiffs’ leadership commits to achieving at least a 95% participation rate among eligible claimants</p>