LEGAL | LAWSUITS
The Truth About Lawsuits & Lawyers
The landmark class-action lawsuit filed by U.S. Department of Defense (DoD) servicemembers and contractors against the 3M Corporation has finally been settled, though the distribution of funds has not yet started.
You see what the Marine in the above picture is doing, right? Yes, he’s plugging his ears. Granted, mortars are very loud, but it’s much worse when you’re wearing defective earplugs.
I’ve been notified by the lawyers in the suit that I will receive between $1,000 and $5,000 of the $6 billion settlement. The lawyers will get 30%, or about $1,800,000,000.
Granted, I know lawyers spend a lot of years in school, and they’ve likely spent long hours working on this settlement, but even if there were 5,000 lawyers, which seems like a large number working on the case, they would still receive an average of $360,000 each.
But I will live with Tinnitus for the rest of my life, even after suffering from the ringing and buzzing in my head for nearly 20 years already. I honestly think they were waiting for me to die before settling.
Yes, I am upset about the paltry amount the victims of this willful assault will receive.
But First, a Little Background
We alleged the sale of defective earplugs led to mild or significant hearing damage and, in some cases, Tinnitus.
This case involved approximately 250,000 individuals who suffered hearing damage while wearing the very protection our government paid them billions to produce.
The 250k personnel, both military and civilian contractors, represent one of the largest collective actions against a defense contractor in recent history.
The lawsuit centers around the Combat Arms Earplugs (CAEv2) sold by 3M to the DoD.
These dual-ended earplugs were designed for military use, offering two levels of protection: one end for normal operations, providing moderate sound reduction, and the other for combat scenarios, designed to block out loud noises while allowing speech and enemy actions to be heard.
As alleged in the lawsuit, the defect lies in the earplugs’ inability to maintain a tight seal, leading to inadequate protection against the extreme noise levels encountered in military environments.
They F-N Knew Their Product Was Faulty
Evidence presented in the lawsuit suggests that 3M was aware of the design flaw as early as 2000.
This is what really pisses me off. If they hadn’t known, I might not have even entered into the class action.
Despite this knowledge, 3M continued to supply these earplugs to the DoD, thereby allegedly exposing servicemembers and contractors to harmful levels of noise that they knew would cause hearing loss and possible Tinnitus.
The consequences of this exposure are severe. Prolonged or intense exposure to loud noises can cause permanent hearing loss and Tinnitus, a condition characterized by a constant ringing and/or buzzing in the ears.
These auditory issues are not just inconveniences; they can lead to difficulty in communication, increased stress, social isolation, and reduced job performance.
These effects can be debilitating in the military context, where clear communications and situational awareness are crucial.
Luckily, I complained about the Tinnitus before my retirement physical so that it was documented.
Despite that, the lawyers say there is no proof the Tinnitus damage happened during the timeframe of the lawsuit or while wearing the defective earplugs. I was in the US Army for 28 years.
For those affected, the cost of managing hearing loss could be substantial.
Although the Veterans Administration (VA) pays me a 10% disability for Tinnitus, they give me nothing for mild hearing loss that gets worse each year.
If that were my only service-related disability, I would receive $171.23 monthly.
Luckily for the victims, the VA will not claim direct re-compensation from us. They will continue to pay disability compensation, surgery when required, and hearing aids.
Hearing aids in the United States average around $2,300 per device, nearly $5,000 for a pair, and often more for advanced models.
While these aids can improve hearing, they do not restore hearing to normal levels, and many find it difficult to adjust these devices.
As for Tinnitus, there is no known cure. Treatments focus on managing symptoms, but the condition is typically permanent, adding a lifelong burden to those affected. In this case, me.
The legal team for this case involved dozens of lawyers, according to documents, not thousands. Though I understand they probably put in some long hours away from home, given the complexity and scale of the litigation.
Their task was to prove the alleged defects and 3M’s knowledge thereof and demonstrate the profound impact these defects have had on the lives of thousands of service members and contractors.
However, even if I get the maximum amount allowed for my hearing loss and Tinnitus, I will get only $5,000, while the lawyers get $1,800,000,000.
3M will surely go bankrupt, and I will still suffer from Tinnitus and hearing loss for the rest of my life, so it seems the only real winners in this settlement are the lawyers.
That’s all for today. Please engage with my article by highlighting something you found interesting and commenting. Come back soon.
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Stephen Dalton is a retired US Army First Sergeant with a degree in journalism from the University of Maryland and a Certified US English Chicago Manual of Style Editor. Also, a Top Writer in Bitcoin, Business, Investing, Nutrition, Travel, Fiction, Transportation, VR, NFL, Design, Creativity, and Short Story.
