Can I File a 3M Military Defective Earplug Lawsuit?
- Casey Hamm
- July 4, 2019
- 3M Defective Earplugs
If you were in the U.S. military between 2003 and 2015, you may be eligible to file a 3M military defective earplug lawsuit. At particular risk for hearing loss from the 3M military defective earplugs are veterans who were exposed to continuous high-level sound. Examples include veterans who served as pilots, infantry, aircraft support personnel, mechanics or engineers, and artillery.
Criteria for Filing a 3M Defective Military Earplug Lawsuit
Veterans who were in the U.S. military between 2003 and 2015 and meet the following criteria may be eligible to file a 3M military defective earplug lawsuit:
- You used the 3M Dual-Ended Combat Arms Earplugs during your military service; AND
- You suffered injury because of it, e.g., a diagnosis from a doctor for some type of hearing loss or a related problem, such as tinnitus. (A rating from the U.S. Department of Veterans Affairs for hearing loss could also help establish your case.)
Civilians who were issued the Combat Arms Earplugs and used them and have suffered hearing damage due to the product’s defects may also be eligible to file lawsuits against 3M.
A member of our team can help you determine if you meet the criteria for the lawsuit.
How the Transfer Order to MDL Affects Your Case
Although many pending lawsuits were already transferred to a Multidistrict Litigation (MDL) in the Northern District Court of Florida, law firms across the country are still adding their cases to the MDL docket. Your lawyer still has time to file your lawsuit.
MDL rules specify that a lawyer need not be licensed to practice law in the Northern District of Florida to represent you in this case, despite the fact that this is where the cases are being judged. Rather, your lawyer can complete a modified pro hac vice application that will admit him to practice. They will be granted temporary admission “for this occasion only.”
Recoverable Damages in Your Lawsuit
Although the 3M defective military earplug lawsuits have been consolidated due to the similarities of their questions of fact, the court will decide each case individually.
While every case is different, you may find that you will recover some or all of the following types of compensation in your lawsuit against 3M:
- Doctors’ and surgeons’ fees
- Prescription medicines
- Hearing aid costs
- Lost wages
- Lost benefits
- Diminished future wages
- Pain and suffering
- Mental anguish
- Diminished enjoyment of life
- Loss of consortium
What Plaintiffs in the 3M Defective Earplugs Lawsuit Are Claiming
Plaintiffs in the 3M defective earplugs lawsuit are claiming several things:
- 3M knew of the defect when it sold the earplugs
- 3M hid the defect when it sold the earplugs.
- 3M failed to tell users that rolling back the flange on the earplugs was required in order for the earplugs to work. In the instructions, this requirement appeared only as a tip.
- The earplugs failed to filter sound as advertised and left servicemembers and veterans with hearing loss and tinnitus.
A 3M Defective Earplug Lawsuit Lawyer Can Help You Determine If You Qualify
If you or a loved one sustained hearing loss or and/or tinnitus after service between 2003 and 2015, you may qualify to file a 3M defective earplug lawsuit or join the ongoing MDL. Remember, you may also qualify if you used these earplugs as a civilian. A 3M defective earplugs lawsuit lawyer at Zanes Law can work to recover the damages you have suffered as a result of this disability. Call us today for a free, no-obligation case review: (833)-890-8329.
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