{"id":4304,"date":"2022-05-20T15:58:57","date_gmt":"2022-05-20T15:58:57","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=4304"},"modified":"2023-06-27T16:41:39","modified_gmt":"2023-06-27T16:41:39","slug":"aylstock-witkin-kreis-overholtz-secures-77-5-million-jury-verdict-against-3m","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/aylstock-witkin-kreis-overholtz-secures-77-5-million-jury-verdict-against-3m\/","title":{"rendered":"Aylstock, Witkin, Kreis, & Overholtz Secures $77.5 Million Jury Verdict Against 3M"},"content":{"rendered":"\n\n\n[et_pb_section fb_built=”1″ _builder_version=”4.16″ global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text _builder_version=”4.17.3″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”post_content” sticky_enabled=”0″]

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Pensacola, FL (May 20, 2022) –\u00a0 <\/strong>A Pensacola jury handed down a verdict against 3M, after the jury found earplugs sold by 3M to the United States Military for use by service members were defectively designed.\u00a0\u00a0<\/p>\n

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Mr. Beal was a combat engineer who spent the majority of his deployment in Iraq identifying and detonating IEDs to protect other soldiers and civilians.\u00a0 The jury heard from many witnesses including Mr. Beal\u2019s squad leader, a retired rear-admiral and a retired brigadier general.<\/p>\n

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The jury’s verdict awarded James Beal 77.5 million. Plaintiff James Beal served in the Army from 2005 to 2009, and in the Army Reserves until 2011, and he used the CAEv2 for all of his service. While wearing the CAEv2, Mr. Beal was exposed to noise from a variety of weapons, including on the range, during training and in combat. He suffers from bilateral tinnitus and noise-induced hearing loss.<\/p>\n

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\u201cIt is clear from the result of this, the 16th bellwether trial, that 3Ms actions regarding the CAEv2 do not resonate with either jurors \u2014 and have had an immense impact on thousands of soldiers impacted like Jay Beal. Jay is so proud that he was able to have his day in court for all veterans injured by this defective hearing protection.\u201d – Jennifer Hoekstra<\/p>\n

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Attorney Brad Bradford stated, \u201cJay Beal is a deserving soldier, like so many others, who is facing a life of hearing loss and tinnitus because 3M put money and market share over soldiers\u2019 safety.\u00a0 We are glad the jurors saw through 3M\u2019s spin trying to justify conduct that cannot be justified.\u201d\u00a0\u00a0<\/p>\n

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\u201cWe are honored to represent Mr. Beal.\u00a0 Jay is a humble hero who was willing to stand up to 3M during this long trial process.\u201d – Daniel Thornburgh\u00a0<\/p>\n

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The trial team for Mr. Beal included: Brad Bradford, Bryan Aylstock, Jennifer Hoekstra, and Daniel Thornburgh from Aylstock, Witkin, Kreis & Overholtz and Michael Sacchet and Megan Odom from Ciresi Conlin. Aylstock, Witkin, Kreis & Overholtz, PLLC represent over 40,000 active and retired military service members of the nearly 250,000 total cases filed in Pensacola, Florida in the multidistrict litigation in federal court presided over by local federal judge Honorable Margaret C. \u201cCasey\u201d Rodgers.\u00a0<\/p>\n

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Aylstock, Witkin, Kreis & Overholtz PLLC is a law firm driven to protect the rights of consumers who are seriously injured as a result of defective products, defective medical devices, accidents, or other negligent behavior. Founded in 2001, Aylstock, Witkin, Kreis & Overholtz has represented over 250,000 clients across the country since its inception and has recovered over two billion dollars in verdicts and settlements for clients.\u00a0<\/p>\n

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Contact:<\/p>\n

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Jennifer Hoekstra\u00a0<\/p>\n

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jhoekstra@awkolaw.com<\/a><\/p>\n

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Pensacola, FL (May 20, 2022) \u2013 A Pensacola jury handed down a verdict against 3M, after the jury found earplugs sold by 3M to the United States Military for use by service members were defectively designed. <\/p>\n","protected":false},"author":4,"featured_media":8060,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"\n

A verdict has been reached in the first of many cases involving military members getting defective hearing protection.<\/p>\n\n\n\n

\u201cThere (are) 250,000 individual lawsuits filed at this point in the Northern District of Florida,\u201d said Bryan Aylstock from the Aylstock, Witkin, Kreis and Overholtz law firm in Pensacola. They are the firm that is taking the lead in all of these individual suits against 3M, the manufacturer of the Combat Arms version 2 ear plugs that were used by the military from 2002 to 2015.<\/p>\n\n\n\n

The plaintiffs in the cases are military members who have suffered hearing loss. The first of those cases has just ended with a verdict against 3M in federal court.<\/p>\n\n\n\n

\u201cSo, it was three soldiers, all of whom served this country honorably and used these Combat Arms earplugs and suffered hearing damage\" said Aylstock. \"Collectively they received a little bit more than $7.1 million, which is a tremendous verdict. A lot of that was punitive damages, where the jury found by clear and convincing evidence that 3M\u2019s conduct as it relates to these ear plugs was reprehensible and deserved to be punished. And also a message needed to be sent to others, including 3M, who might try to do this in the future, that this is not an acceptable way to conduct your business.\u201d<\/p>\n\n\n\n

This is the first lawsuit in what is called mass-tort litigation, which is different than a class-action suit, where all plaintiffs are represented in one law suit. There are two more already on the docket before Judge Casey Rodgers, Chief U.S. District Judge for the Northern District of Florida in Pensacola.<\/p>\n\n\n\n

\u201cThere\u2019s a panel called The Judicial Panel for Multi-District Litigation, and it determined a couple of years ago that Pensacola was the appropriate forum to conduct all of the pretrial activities for all of the cases of this nature.\u201d<\/p>\n\n\n\n

3M has already settled with the U.S.military for over $9 million, so the mass-tort litigation is only between the company and individual military members, both active duty and veterans. Aylstock fully expects this verdict to be appealed.<\/p>\n\n\n\n

\u201cIt will be appealed, and we feel confident that all of the pretrial rulings that Judge Rodgers made, and the trial rulings were appropriate, and the appellate court will also find that they were appropriate.\u201d<\/p>\n\n\n\n

Since the verdict there have been no talks of settlement with 3M, so the trials and appeals will continue. Aylstock says he doesn\u2019t know how many rulings for the plaintiffs would bring 3M to the settlement table. Said Aylstock, \u201cIt will be as many as it takes.\u201d<\/p>\n\n\n\n

The second trial is set to begin on Monday. <\/p>\n\n\n\n

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Written By:<\/strong>
Bob Barrett
May 13th, 2021
Source<\/a>



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