fbpx

Update: Tort Lawsuit Against 3M Begins This Month in Pensacola

Later this month, a mass tort lawsuit is set to begin in Pensacola, Florida, against 3M for the defective ear protection that the company made for the military, which led to hearing loss in servicemen and women. As of January 2021, there were more than 220,000 service members who have filed suit. 

WUWF News (NPR for Florida’s Great Northwest) spoke to Bryan Aylstock, an attorney at the law firm Aylstock, Witkin, Kreis, and Overholtz in Pensacola for more insight into the suit. “We now have a trial set for late March involving three service members,” he shares. “And then two subsequent trials involving single service members — what we call ‘bellwether trials,’ to help the parties and the court determine what the evidence is, what the facts show, and how to proceed following those trials.”

When looking at mass tort versus a class-action lawsuit, Aylstock explains that the two take very different approaches. “We’re signing up individual service members who have hearing loss or tinnitus following the use of these defective earplugs, and we’re individually filing their lawsuits. So there are an awful lot of them — probably too many to ever go to trial,” he says. “But they are treated individually; their cases rise and fall on their own merit.” In these instances, the attorneys are able to talk to the individuals involved and understand their experiences. This sort of interaction typically doesn’t occur in a class-action lawsuit, which is not an individualized process. 


Were You Issued 3M Combat Arms Earplugs and Now Suffer Tinnitus and/or Hearing Loss?

It’s important to note that this lawsuit is only against 3M, not the government or military. In 2018, 3M settled with the government for over nine million dollars in a case concerning the fraud they committed for selling defective earplugs to the military. “They were selling these products for a huge profit to the U.S. military for 15 years without telling them the truth about how the earplugs really worked and the defects that the company executives knew about,” Aylstock adds. 

In an e-mail statement submitted to WUWF News, 3M said: “We are confident in our case and look forward to defending against plaintiff’s claims at the upcoming trial. As we will demonstrate, the Combat Arms Earplugs Version 2 product was not defectively designed and did not cause injuries. The Combat Arms Earplugs Version 2 product is effective and safe to use, and its design reflected the direction and feedback of individuals acting on the military’s behalf.”

Additional Reading:

https://druglawjournal.com/dlj_legal/veterans-suing-3m-over-claims-of-defective-earplugs/
https://druglawjournal.com/dlj_device/3m-combat-arms-earplugs/

Tracy Everhart is the Editor for Drug Law Journal. A highly-trained and certified medical professional, Tracy is also an accomplished medical writer. After spending years on the front lines of the medical profession, Tracy now devotes her expertise and skills to researching and reporting on new drugs and devices that enter the market, as well as their side-effects and the real-life stories involved. Prior to joining Drug Law Journal, Tracy wrote for benchmark online healthcare resources focused on families and, in particular, women’s health issues. Tracy holds post-graduate degrees from both the American College of Healthcare Sciences and the Yale School of Nursing. She is also a graduate of both Hampshire College, where she studied microbiology and the University of South Carolina school of nursing.

Drug Law Journal Legal Sponsorship

Drug Law Journal's publishing and research are sponsored by the DDP Injury Law Group in Washington, D.C. Their legal team is focused on protecting the rights of injury victims.
Furthermore, they understand and appreciate the importance of a trusted attorney-client relationship.
The DDP Injury Law Group uses their years of experience with litigation to ensure their clients can fight for the compensation they deserve.

Always seek the advice of a medical professional when making personal health choices.

The Offices of DrugLawJournal.com are located at:

1800 North Orange Avenue, Suite C
Orlando, Florida 32804

DrugLawJournal.com is sponsored by the DDP Injury Law Group, and therefore may be considered attorney advertising. The information contained on DrugLawJournal.com is provided for informational purposes only, and should not be construed as legal or medical advice on any subject matter. No viewers of this site should discontinue taking a prescribed medication on the basis of any information on this site and should always first consult with a doctor concerning any medication. Viewers should understand that if they refrain from taking prescribed medication without appropriate medical advice they can suffer injury or death.

No viewers of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the viewer’s state. Viewing information from DrugLawJournal.com does not create an attorney-client relationship between you and DDP Injury Law Group or DrugLawJournal.com nor is it intended to do so.The content of DrugLawJournal.com may not reflect current legal developments, verdicts or settlements. Prior results do not predict a similar outcome. For more information, please visit our web site’s disclaimer.

©2024 DrugLawJournal.com | Privacy Policy | Terms & Conditions

Stay Informed

Sign up to receive peroidic updates from our expert team of researchers, highlighting defective drugs, devices, and legal issues related to your health.

Email Catcher
Free Drug and Medical Device Case Review

Free Drug and Medical Device Case Review

Share your story with us and we will reach out to you about your case.

First
Last
Described what happened to you, we will review and reach out to you about your situation.

It is important for those who have suffered injury from dangerous drugs and medical devices to know that they have may have options.

Consumers have the ability to seek legal remedies for their injuries resulting from the negligence of drug and device manufacturers. The first step toward justice and recovery is sharing your story with effective legal counsel. An attorney will help you to better understand the issues and discuss the possibility of compensation for your suffering.

Once you complete the information request above, Drug Law Journal will send the information to a specialist at our legal sponsor’s firm, the DDP Injury Law Group, in Washington, D.C. That specialist will follow-up with you directly to gather further specific information about your case and make an evaluation. If the firm is able to move forward on your case, they will also discuss next steps. Remember – the entire consult and evaluation is free to you. You only need to take the first step to fill out the contact form or call: (800) 597-1870 for immediate assistance.