3M Combat Arms Earplug Settlement Receives 100% Participation of “Wave” Plaintiffs Prepared For Trial
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3M Earplug Lawsuit Judge Wants Expert Witness To Help Define What A Representative Case Would Look Like May 8, 2020 Irvin Jackson Add Your Comments The U.S. District Judge presiding over a massive number of 3M earplug lawsuits, filed throughout the federal court system by veterans left with permanent hearing loss following military service, indicates that it may be necessary to bring in an independent, court-appointed expert to help the Court define what a “representative case” would look like in a complex litigation that may eventually involve more than 150,000 claims. 3M Company and its Aearo Technologies subsidiary have faced a growing number of product liability lawsuits over the past few years, each raising similar allegations that reversible Combat Arms Earplugs, which were standard issue by the U.S. military between 2003 and 2015, were defective and failed to adequately protect service members. Veterans allege that they have been left with permanent hearing loss, tinnitus and other hearing damage, which may have been avoided if the company had not mis-stated the effectiveness of the earplugs. There are currently about 8,000 product liability lawsuits filed throughout the federal court system, with another 67,050 cases registered on an administrative docket and 74,000 more claims in the process of being filed, according to a recent filing by the U.S. District Judge presiding over the litigation. Do You Know about… SPORTS BETTING ADDICTION LAWSUITS FOR YOUNG ADULTS Gambling addiction and severe financial losses have been linked to popular sports betting platforms like DraftKings, FanDuel, and Caesars. Lawsuits are being filed by young adults and students who were targeted by deceptive promotions, addictive app features, and aggressive marketing tactics. See if you qualify for a sports betting addiction lawsuit. Learn More SEE IF YOU QUALIFY FOR COMPENSATION Do You Know About… SPORTS BETTING ADDICTION LAWSUITS FOR YOUNG ADULTS Gambling addiction and severe financial losses have been linked to popular sports betting platforms like DraftKings, FanDuel, and Caesars. Lawsuits are being filed by young adults and students who were targeted by deceptive promotions, addictive app features, and aggressive marketing tactics. See if you qualify for a sports betting addiction lawsuit. Learn More SEE IF YOU QUALIFY FOR COMPENSATION Given similar questions of fact and law presented in throughout the claims, the U.S. Judicial Panel on Multidistrict Litigation decided last year to centralize lawsuits before U.S. District Judge Casey Rodgers in the Northern District of Florida, to reduce duplicative discovery into common issues, avoid conflicting pretrial rulings and serve the convenience of parties, witnesses and the judicial system. As part of the coordinated pretrial proceedings in the 3M earplug litigation, the parties are preparing to select a small group of “representative” cases that will go through case-specific discovery and be set for early trial dates, to help gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the claims. In a pretrial order (PDF) issued late last month, Judge Rodgers asked both parties to file objections by today, showing cause why the Court should not appoint an independent expert, such as a biostatistician, to help the court determine what the most representative cases should look like. “In order for the MDL to continue moving forward against this backdrop, it will be essential to assemble an inventory of individual service members’ records that is broadly informative with respect to the litigation-relevant characteristics of the plaintiff population as a whole,” Judge Rodgers wrote. “The cases selected for targeted records requests to date—the 25 bellwether cases, followed by 1,509 cases approximating one percent of the total plaintiff population—will provide insights into the characteristics of the most representative plaintiffs. But there are many more variants of litigation relevant characteristics that must be considered to develop a more complete and accurate picture of the full universe of cases in the MDL.” If there is no objection to the appointment of an independent expert, then the parties have been directed to file a statement to that effect. Judge Rodgers also encouraged the parties to confer and nominate an appropriate expert for the role. 3M Combat Arms Earplug Problems The reversible 3M earplugs were designed to serve as traditional earplugs when inserted one way, but the manufacturer indicated that they provided filtered noise reduction when reversed, blocking loud battlefield noises, while allowing the wearer to hear spoken commands. However, according to allegations raised in complaints filed nationwide, the manufacturer knew the earplugs were defective and left military service members without adequate ear protection. Plaintiffs claim that the 3M earplug problems were known to the manufacturer, as they were too small to properly seal the ear canal. Instead of warning the military about the design defects or providing updated instructions about insertion procedures, the lawsuits claim that the manufacturer continued to place veterans at risk for years. As part of the coordinated pretrial proceedings, Judge Rodgers has established a “bellwether” process, where a small group of representative claims will be prepared for early trial dates to help the parties gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the litigation. However, if the parties fail to reach earplug hearing loss settlements or another resolution for the litigation, each claim may be remanded back to the U.S. District Court where it would have originally been filed for individual trial dates in the future. Tags: 3M, Combat Arms, Earplugs, Hearing Loss, Military More Combat Arms Earplugs Lawsuit Stories 3M Earplug Settlement Participation Rate Exceeds 99%, Bringing Final Resolution To Litigation March 28, 2024 3M Combat Arms Earplug Settlement Receives 100% Participation of “Wave” Plaintiffs Prepared For Trial January 18, 2024 3M Payment of $1B in Stock To Settle Earplug Lawsuits Deemed Fair by U.S. Judge January 4, 2024 0 Comments Share Your CommentsFirst Name*Last NameEmail* Shared Comments*This field is hidden when viewing the formI authorize the above comments be posted on this page Yes No Post Comment I authorize the above comments be posted on this page Weekly Digest Opt-In Yes, send me a weekly email with the latest lawsuits, recalls and warnings. Want your comments reviewed by a lawyer?To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.Contact Phone #Alt Phone #Private CommentsNOTE: Providing information for review by an attorney does not form an attorney-client relationship.CAPTCHAGA SourceGA CampaignGA MediumGA ContentGA TermCommentsThis field is for validation purposes and should be left unchanged. Δ MORE TOP STORIES Enfamil NEC Lawsuit Filed After Newborn Suffers ‘Nearly Total Bowel Necrosis’ (Posted: today) Necrotizing enterocolitis caused by Enfamil resulted in a newborn suffering life-long bowel injuries, according to a lawsuit filed by his mother. 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3M Earplug Settlement Participation Rate Exceeds 99%, Bringing Final Resolution To Litigation March 28, 2024
3M Combat Arms Earplug Settlement Receives 100% Participation of “Wave” Plaintiffs Prepared For Trial January 18, 2024
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