The Law Offices of James C. DeZao, P.A. Discuss Alleged Defective 3M Earplug Lawsuits
PARSIPPANY, N.J., Sept. 9, 2019 /PRNewswire/ -- According to a 2016 study published by JAMA Otolaryngology-Head & Neck Surgery, the use of earplugs is effective at preventing temporary hearing loss associated with exposure to loud noises.
This makes earplugs a vital tool for the prevention of noise-induced hearing loss, especially in professions such as the armed-forces where exposure to loud noise from machinery, aircraft, military vehicles, gunfire and blasts is a common occurrence.
Complaints from Veterans About Allegedly Faulty Earplugs Fall on Deaf Ears
One government contractor has recently come under scrutiny amid allegations that it sold defective combat earplugs to the United States Military. As a result, hundreds of veterans are filing lawsuits in the wake of these allegations.
Those impacted allege that the earplugs failed to maintain a tight seal, which allowed dangerously loud sound waves to seep in, unknowingly causing damage to the wearers' hearing. Details obtained in the lawsuits show allegations that Minnesota-based 3M Company knowingly designed the earplugs in a manner that they knew was defective, yet failed to warn users of this alleged defect or to provide ample and adequate instructions for use.
Alleged Damages and Case Details
Purported personal injury damages as a result of using 3M's dual-ended Combat Arms earplugs include temporary and permanent hearing loss, loss of balance and tinnitus. The allegations and damages apply to use of these earbuds in Military service between 2003 and 2015.
Two Houston-based law firms, Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz and Bell and Rose & Cobos, filed one-hundred lawsuits in the United States District Court for the Western District of Texas Waco Division.
Early indications and statements from representatives familiar with the case imply that there is an expectation of more plaintiffs and lawsuits coming forward in the coming months.
The Law Offices of James C. DeZao, P.A., headquartered in Parsippany, New Jersey, is well positioned to represent victims of 3M's alleged negligence.
3M's Prior Settlements
This isn't the first time 3M has found itself in hot water over its earplugs. According to the Justice Department, 3M previously agreed to pay $9.1 million to resolve previous allegations related to its contract with the Defense Logistics Agency. This previous settlement resolved allegations brought by the U.S. Government through enforcement of the False Claims Act, which claimed that 3M knowingly provided the agency with earplugs that possessed defects resulting in decreased levels of hearing protection.
The case has since been resolved with no determination of liability and with all claims within the settlement reaching the level of allegations only.
Veterans Are Lining Up in Droves to Seek Out Punitive Damages
According to the lawsuit, veterans suffering from hearing issues are lining up to seek punitive damages from 3M due to their alleged "gross negligence".
The lawsuit was cited in Military Times as stating, "Since late 2003, 3M touted its Combat Arms earplugs as capable of allowing users to hear commands from friendly soldiers and approaching enemy combatants, unimpaired, in the same way as if they had nothing in their ears."
Further allegations within the documents suggest that although 3M's own testing revealed defects, that the company acted to falsify certification, stating that the testing in fact complied with US military standards.
United States Contract with 3M
Back in 2006 3M was awarded a $9 million contract from the U.S. Government for supplying an estimated 15,000 earplug packages (50 pairs per package) annually. These earplugs were subsequently sold to the US military up until 3M's discontinuation of the product in 2015. According to details in the lawsuit, the defective earplugs sold to the military were not recalled, and as such are likely still in use by soldiers and other vendors.
The Law Offices of James C. DeZao
Headquartered in Parsippany, New Jersey, with an extension office located in Bayside, NY, since 1990 The Law Offices of James C. DeZao has provided results-oriented, aggressive and vigorous personal injury representation for clients.
Those individuals in need of personal injury representation are encouraged to reach out to DeZao for a free consultation.
SOURCE The Law Offices of James C. DeZao
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