Month: May 2019

3M Military Combat Arms Earplug Lawsuit

In July 2018, the U.S. Department of Justice announced 3M agreed to pay $9.1 million to settle a Whistleblower False Claims Act suit accusing 3M of knowingly selling defective earplugs to the U.S. military.

The settlement, filed in South Carolina federal court, was based upon allegations that 3M and its predecessor Aearo Technologies Inc. sold its Combat Arms Earplugs, Version 2 (CAEv2) to the Defense Logistics Agency knowing they were too short to be properly inserted into a user’s ears.

The defective earplugs are dual-ended and can be used either as traditional earplugs or can be flipped into an “open” position to attenuate explosion sounds while still letting through quieter noises. The plugs gradually loosen and failed to properly reduce loud noises.

The U.S. Department of Justice alleged that 3M/Aearo knew about the design problems as early as 2000 when it completed testing of the earplugs.

3M prevented other companies from selling more effective competing products. 3M sued their competitors Moldx-Metrix Battle Plugs for patent infringement and lost. Moldx-Metrix Battle Plugs are now being purchased by the military.

The Most Common Causes of Personal Injury Lawsuits

What prompts a personal injury lawsuit?

Personal injuries leading to a lawsuit can arise from a variety of causes, including car accidents, premise liability (injury caused on someone’s property, such as a slip and fall), medical negligence (caused by doctors, hospitals, or other healthcare providers), injuries caused by animals (such as dog bites), injuries caused by serving alcohol to someone (called dram shop laws), and intentional injuries (such as assaults).

If you’ve suffered an injury after being in an accident that was not at all your fault, it’s always a good idea to consult a lawyer.

What am I entitled to in a personal injury case?

A question that experienced attorneys can answer is whether a person who suffers a physical injury caused by another is entitled to payment for those injuries, or “damages.” Damages can take many forms, but in personal injury lawsuits, damages generally represent the amount of money which will fairly compensate a person for all the loss caused by injury.

What are the most common types of damages?

Personal injury actions often result in three types of damages. The first includes “hard” damages, such as for lost wages, incurred medical expenses, and to recover the cost of any purchases necessitated by the injury (like crutches). These types of damages can be easily calculated if they are supported by paystubs, tax records, and medical bills, so it’s important to keep a good record.

The second type of damages is known as “general” damages. These can include the amount of pain, suffering, worrying, and mental anguish which result from the injury. If a person has a permanent injury and, as a result, can no longer engage in certain activities, then that person may be able to claim damages in the form of a loss of ability to pursue a normal course of life. These damages are not easily calculated and citizen jurors are instructed to use “calm and reasonable judgment” in determining these amounts.

53 Lawyers Appointed to Lead 3M Earplug Lawsuits

A Florida judge has appointed 53 lawyers to lead hundreds of lawsuits brought by U.S. military members against 3M over allegedly defective earplugs, with Pensacola attorney Bryan Aylstock getting the top post.

Aylstock, at Aylstock, Witkin, Kreis & Overholtz, will oversee two other co-lead counsel, Shelley Hutson, of Houston’s Clark, Love & Hutson, and Chris Seeger, of Seeger Weiss in Ridgefield Park, New Jersey, according to an order on Wednesday. U.S. District Judge Casey Rodgers, of the Northern District of Florida, also appointed two attorneys as co-liaison counsel, seven lawyers on an executive committee and 14 on a plaintiffs’ steering committee. She also appointed lawyers to nine subcommittees.

How can airports prevent personal injury lawsuits?

How can we ensure that the airport environment is always safe and accidents that could result in personal injury claims and lawsuits are prevented? Steve Howards, Content Marketing Manager at Herrig & Vogt, provides us with the answer.

Did you know that more people get injured at an airport than on the aircraft?

For example, according to the Flight Safety Foundation, around 27,000 ramp accidents occur every year, costing at least $10 billion annually.

This is not at all surprising considered how many activities happen inside an airport – many passengers are in a hurry, trying to get through security, managing multiple languages, navigating an unfamiliar environment, looking after their small children, reading signs or listening to announcements. They’re distracted and often fail to notice hazards (e.g., a spill on the floor) that could cause injuries.

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