3M Army Earplug Lawsuits Are Moving Forward To Discovery in Multi-District Litigation

Army Earplug Lawsuit News

Service member's hearing loss and tinnitus claims could make it to court later in 2019 or early 2020

Thursday, June 27, 2019 - More than 1000 lawsuits have been filed by active duty and retired service members against 3M corporation for selling their faulty Army Earplugs to the military from the years 2003 to 2015, all the while knowing that they could not guarantee the device would prevent hearing loss and tinnitus. The earplugs are dual-sided and were marketed to the military as a solution for the complex hearing protection needs of urban warfare fighters such as protecting against gunfire and improvised roadside and boobie trap bomb blasts. The earplug manufacturer also claimed that the device was sensitive enough to allow for hearing lower decibel sounds of essential military communication. The service member cases have been consolidated in multi-district litigation (MDL) because of the similarities of each case to one another in order to streamline the discovery process and avoid repetitive pre-trial administrative proceedings. As of June 21, 2019, U.S. District Judge Casey Rodgers from the Northern District of Florida has allowed such discovery to begin. Individuals suing 3M are now free to prepare for their individual trials and document exchange must be substantially complete by June 27 and a firm deadline of September 30, 2019. The judge has set August 5, 2019, as "Science Day." Each party is invited to present technical and medical data specifically pertaining to the case, according to About Lawsuits.com.

All service members have been affected to a certain degree by the malfunctioning 3M Army Earplugs that were trusted, standard issued military equipment. Service members have lost a percentage of their hearing and suffer from tinnitus, a non-stop, 24/7 ringing or whistling noise in their ears that gets more intense the quieter their environment making sleeping difficult and seemingly impossible. Those with tinnitus normally sleep with a fan and the TV on to provide noise to muffle the ringing in their ears. Tinnitus is permanent and can increase over time rendering service members unable to work after their military service has ended. The military is aware of the 3M army earplug problem and The Department of Veterans Affairs has issued a statement on hearing loss and Tinnitus as the leading cause of disability to service members."Hearing loss affects more than 28 million Americans, including more than half of those over age 75. Hearing problems-including Tinnitus, which is a ringing, buzzing, or other types of noise that originates in the head-are by far the most prevalent service-connected disability among American Veterans."

3M is charged with knowing about the earplug's defects primarily being that their "one-size-fits-all" construction did not fit those with larger exterior ear canals, and failing to warn the military or this defect. The dual-sided earplugs are impractical in combat situations as they require the soldier under fire to stop, put down his firearm, take off his protective helmet, and switch the ends of the earplugs. Last year, 3M was forced to reimburse taxpayers they deceived by paying a $9.1 million fine for defrauding the US government. Tens of thousands of additional lawsuits are expected to be filed in the coming months.

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