{"id":5703,"date":"2022-09-13T18:52:37","date_gmt":"2022-09-13T18:52:37","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=5703"},"modified":"2023-06-16T19:14:42","modified_gmt":"2023-06-16T19:14:42","slug":"combat-arms-earplug-manufacturer-3m-must-stop-mistreating-veterans","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/combat-arms-earplug-manufacturer-3m-must-stop-mistreating-veterans\/","title":{"rendered":"Combat Arms Earplug Manufacturer 3M Must Stop Mistreating Veterans"},"content":{"rendered":"

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Beginning in 2003, 3M sold an earplug called the Combat Arms to every branch of the military; they later became standard issue throughout much of the armed forces for soldiers deploying to combat zones such as Iraq and Afghanistan. In civilian life, people are rarely exposed to the types of high-decibel noises soldiers hear every day, the kind that can easily lead to major hearing loss if troops go unprotected.<\/p>\n

Earplugs are a crucial piece of a soldier’s uniform, and the military has invested millions of dollars to identity and better treat the hearing loss that service members historically would experience after serving their country.<\/p>\n

3M claimed that its earplugs were “revolutionary.” They had two sides: One would block all noise like a traditional earplug, and the other would protect troops from loud noises while allowing them to hold conversations and remain combat ready.<\/p>\n

But the earplugs never provided the protection 3M promised. Testing completed by the company’s own scientists revealed the earplugs were too short and would loosen, often imperceptibly to the wearer, letting in dangerous levels of noise.<\/p>\n

Rather than making the military aware of its findings, 3M continued to claim the earplugs provided troops with proper protection, while concealing evidence to the contrary. This pattern of acting with impropriety and impunity by the company caused hundreds of thousands of service members to suffer permanent hearing damage.<\/p>\n

Throughout the Veterans of Foreign Wars’ 122-year history, we’ve always played a critical role in advocating for the rights of wounded, sick and injured veterans. The VFW was instrumental in establishing the Veterans Administration, now known as the Department of Veterans Affairs, as well as in the fights for compensation for Vietnam veterans exposed to Agent Orange and veterans diagnosed with Gulf War Syndrome. Most recently, we pushed Congress to fulfill our country’s promise to take care of injured veterans by passing the PACT Act, granting benefits to service members exposed to toxic burn pits.<\/p>\n

Now, veterans across the country, including members of the Department of Minnesota VFW, are faced with a new and very different fight, stemming not from inaction by the federal government, but from misconduct by a private company.<\/p>\n

For more than a decade, 3M managed to avoid scrutiny, even as veterans returned home with hearing loss and tinnitus (ringing in the ears) at alarming rates. Eventually, 3M agreed to a settlement with the U.S. Justice Department to resolve allegations that it defrauded the government. And more than 230,000 veterans filed lawsuits against 3M, arguing their hearing damage was caused by the company’s decision to hide the truth.<\/p>\n

Which brings us to 3M’s latest transgression: Through a series of legal tricks, the company tried to eliminate veterans’ right to trial by jury — a constitutional right they fought for — by pushing them into bankruptcy court, where it could offer them pennies on the dollar. Thankfully, a federal bankruptcy judge put a stop to this, ruling that veterans can continue their cases in court against 3M.<\/p>\n

Over the last 18 months, juries have awarded millions in damages to veterans. 3M knows it has no defenses or excuses left, and that juries understand the truth. The question now becomes, what is 3M’s next move going to be?<\/p>\n

3M once again has the chance to step up and finally provide justice to the service members it harmed. In the face of lifelong hearing injuries, service members simply want a just solution.<\/p>\n

The VFW of Minnesota will be watching closely to see if 3M finally decides to do what is right.<\/p>\n

Read the full article at Military News<\/a><\/p>\n

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3M once again has the chance to step up and finally provide justice to the service members it harmed. <\/p>\n","protected":false},"author":4,"featured_media":4667,"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

<\/p>\n\n\n\n

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



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