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Gerling Law's Guide to VA Disability Benefits

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Over $500 Million in Recoveries

$7.5 Million Brain Injury to Child; Auto & Tractor-Trailer Collision
$3.7 Million Wrongful Death; Auto & Tractor-Trailer Collision
$3.2 Million Permanent Brain Injury; Auto Collision
$3.01 Million Permanent Brain Injury; Motorcycle - Tractor-Trailer Collision

I hired Gerling Law a few weeks after my car accident. Over the course of 2 years, I got to work with two attorneys on my case. Neal Anderson recently wrapped up my case and I couldn’t have been any more satisfied. If you need representation for an injury, I definitely recommend Gerling Law. - Perry C.

Who Qualifies for the Lawsuit?

Before going into the requirements for a product liability lawsuit, we need to address the first question: whether the specific CPAP machine you used is one of the affected products. If not, you may not have a claim. Luckily, it’s easy to look up. Phillips has set up a portal where you can look up and register your machine’s serial number to see whether your device is subject to the recall order.

If your device is one of those affected, go through the following requirements to make an educated guess as to whether you have a valid claim. Generally, for product liability, a claimant must show just two things:

  • The existence of damages; and
  • A causal relationship between the product in question and the ensuing damages.

Unlike in other types of personal injury claims, the question is not whether the manufacturer exercised due care in the design and manufacture of the product. Even a company that uses the highest standard of care can be held responsible if their product causes damage. This concept is known as “strict liability” because an accident victim does not have to prove negligence to receive compensation.

If you developed lung damage or another respiratory health problem after using a recalled Phillips CPAP machine, you may be able to recover compensation from Phillips.

Ready to File Your Phillips CPAP Lawsuit?

If you are one of the thousands of individuals affected by the Phillips CPAP recall, Gerling Law is here for you. If you aren’t sure whether you have a valid claim after reading through this piece, give us a call for a free consultation, so we can help you figure out what to do. You might want to join the class action lawsuit, but we can also represent you in an individual claim against Phillips.

At Gerling Law, we bring more than 50 years of experience in compassionate advocacy to the table. To date, we have recovered more than $500 million for our clients. We pride ourselves on our commitment to our clients. That’s why we are always available to you. Whether a question or concern arises at 5:00 AM, 7:00 PM, or midnight, we always have someone available to help you out.

Our consultations don’t cost anything, so talking to us is a risk-free proposition. Check out our case results and testimonials pages to see how we help our clients, then call us today and tell us your story. We’ll be by your side from start to finish.

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