For cancer patients, successful chemotherapy treatment is not always the end of their pain and suffering. Chemotherapy drugs such as Taxotere can cause numerous permanent or long-lasting side effects such as epiphora (excessive tearing of the eyes). Unfortunately, cancer patients are not always properly informed of the risks associated with chemotherapy.
At times, these side effects may require a medical response of their own – as is the case with the excessive tearing many breast cancer survivors face. One of the “solutions” to excessive tearing is a procedure known as dacryocystorhinostomy or DCR. Many cancer survivors dealing with excessive tearing often undergo a DCR procedure but then face additional health problems as a result.
Your Taxotere lawsuit attorneys at Hotze Runkle PLLC understand that victims are not only facing health problems caused by chemotherapy but a myriad of other issues as well. If you believe you have been the victim of chemo-related tearing and permanently shut tear ducts, then please consider the following information.
About Dacryocystorhinostomy (DCR)
In some cases, permanent side effects such as epiphora (excessive tearing) require further surgery after chemotherapy drug treatment has ended. Dacryocystorhinostomy (DCR) is a surgical procedure for treating excessive tearing, but this surgery can lead to further complications that require additional surgeries — which means that even if Taxotere is successful as a chemotherapy drug treatment, it can still cause more problems than anticipated.
Many cancer patients (especially breast cancer patients) treated with Taxotere and other chemotherapy drugs suffer from epiphora or excessive tearing of the eyes. The tear drains in our eyes lead to a small tube (the canaliculus) which empties into the lacrimal sac at the corner of the eye and nose. This leads to a tunnel called the nasolacrimal duct that goes through the bone around the nose and empties tears into the nasal cavity. When these pathways get obstructed, it leads to mucous buildup around the eye, excessive tearing and blurred vision, as well as tenderness and swelling.
Dacryocystorhinostomy (DCR) eliminates fluid and mucus retention in the eyes by removing the bone near the nasolacrimal sac and rearranging the sac to bypass duct obstruction. In other words, DCR increases tear drainage to relive epiphora, allowing tears to drain directly into the nasal cavity through a new low-resistance pathway.
Clearly, this surgical procedure is far removed from the original cancer that Taxotere was meant to treat — this is not what most chemotherapy patients ‘signed up for’ when battling cancer. If they were not properly informed of the possibility that DCR surgery would be necessary, they may have a case for Taxotere lawsuit attorneys, who can help determine whether the pharmaceutical company intentionally hid this information.
Risk Factors and Complications Associated with the DCR Procedure
As with any surgery, there are risk factors and complications for DCR that can replace or add to the epiphora (excessive tearing) it was meant to correct. The use of sedation, general or local anesthesia in surgery is always a risk factor that can cause nausea, seizures, heart or lung problems, amnesia (memory loss), and even death.
Depending on the type of DCR surgery (external or internal), patients can suffer from prominent facial scarring due to incisions around the eyes. Intraoperative complications can include blood hemorrhaging during the surgery and leaking of brain fluid as doctors must penetrate into bone. There is also a risk of direct injury to orbital contents as doctors use sharp instruments, as well as the possibility that the lacrimal sac is not completely opened, resulting in lacrimal sump syndrome and a failed procedure.
Postoperative complications can include infections, sinusitis (inflamed sinuses), the early loss of the silicone tube used to rearrange the tear pathway, and the need for further surgeries. The prognosis for DCR surgery is positive, but success rates are still only 90-95%, which means there are indeed failures and complications that victims may undergo.
Duct-related surgery is not always ideal for patients, and thus victims dealing with excessive tearing caused by chemotherapy medications like Taxotere can end up dealing with additional complications that the drug manufacturers did not warn them about.
Have You Suffered Unexpected Side Effects from Chemotherapy Drug Treatment?
Cancer patients have a lot of information to process and the law requires pharmaceutical companies to clearly communicate the complications and side effects of any chemotherapy drug treatment.
Taxotere, in particular, has proven to be a problematic drug for cancer patients, with permanent or long-term consequences that negatively impact health, happiness and quality of life.
Do not hesitate to contact Taxotere lawsuit attorneys of Hotze Runkle PLLC if you or a loved one is suffering from excessive tearing or other eye-related complications as a result of chemotherapy.
Chemotherapy treatment is meant to cure individuals of cancer, prolong life, or is used for palliative care.
Unfortunately, the chemotherapy drugs used during treatment can also have side effects of their own that last long after treatment has ended. These side effects can be permanent, leading to serious quality of life issues that have nothing to do with the original cancer.
One chemotherapy drug in particular – Taxotere (docetaxel) – which is manufactured by Sanofi-Aventis, currently has 8,000 pending lawsuits, particularly among breast cancer survivors. Plaintiffs are filing lawsuits for false marketing and the company’s role in downplaying the severity of the drug’s side effects. One of the major side effects of Taxotere is watery eyes (epiphora) caused by lacrimal duct obstruction (LDO) and keratoconjunctivitis (dry eye syndrome) which has lead to issues such as constant itchiness, swollen eyelids and increased eye “floaters.”
If you or a loved one is fighting against excessive tearing caused by a chemotherapy drug, contact Hotze Runkle PLLC today at (877) 919-0830 for a consultation.
What is Taxotere?
Taxotere is an anti-cancer chemotherapy drug used to treat a variety of cancers including breast cancer, prostate cancer, lung cancer, neck cancer, stomach cancer and head cancer. The drug was first approved twenty years ago for metastatic breast cancer and has since affected thousands of cancer patients with its long-term side effects, particularly epiphora (watery eyes), but also others such as alopecia (permanent hair loss).
These side effects can cause irreparable harm to an individual’s quality of life including affecting their mental health.
About Sanofi-Aventis: The Manufacturer Behind Taxotere (Docetaxel)
Sanofi S.A. is a French multinational pharmaceutical company headquartered in Paris, France, and the world’s fifth-largest by prescription sales. The company merged with Aventis in 2004.
Despite marketing Taxotere since 1998, it wasn’t until 2014 that Sanofi and the FDA released a full description of warnings and adverse reactions for patients who used specific doses of the drug. This information surely would have made cancer patients think twice about choosing this particular chemotherapy drug, if the information had been available to them earlier.
Health Complications Caused by Taxotere
Because Sanofi-Aventis failed to provide adequate warning about Taxotere’s side effects, particularly epiphora (excessive tearing), thousands of cancer patients have suffered long-term and permanent damages even after they successfully defeated their cancer.
Some of the specific eye-related issues chemotherapy drugs such as Taxotere cause include:
- Excessive tearing (epiphora)
- Blurred or dulled vision
- Clouding of the lens of the eye
- Loss of areas of vision (cystoid macular edema)
- Headaches
- Sensitivity to light
- Eye infections
- Dry eyes (keratoconjunctivitis sicca)
- Swollen eyelids
Epiphora can affect patients in two primary ways: either by an overproduction of tears and mucus or by preventing the proper draining of tears through the lacrimal apparatus. The lacrimal apparatus is the system of ducts and sacs that create the tears and then moves them out through the nasal cavity.
The obstruction of these ducts can occur as a result of infection, an inflammatory disorder, physical trauma, or surgery. In some cases, bacteria can also cause infection and blockage of these ducts.
When the tear ducts are blocked, tears begin to build up in the tear sac and can increase the risk of infection that can lead to inflammation next to the eye.
Treatment for excessive tearing depends on the severity of the problem as well as the cause. One of the most commonly recommended treatments is a surgical procedure known as
dacryocystorhinostomy (DCR). However, this treatment can cause health issues as well including scarring, post-surgery infections, or Jones tubes – which are used to facilitate the flow of tears from the eyes to the nose – may migrate leading to a need for additional surgery.
About the DCR Procedure
The consequences of Taxotere’s unadvertised side effects ranged from constant physical pain and discomfort (itchiness, swelling) to a reduction in a victim’s quality of life due to psychological or emotional damage (e.g., caused by alopecia or permanent hair loss).
Excessive tearing (epiphora), in particular, can lead to difficulty reading, driving, issues with eyesight, and can negatively affect a patient’s quality of life. Treatment of this side effect depends on how severe the problem is. In mild cases, the doctor may just monitor the patient’s health to ensure that no major damage is caused. In severe cases, surgery may be encouraged.
The surgical procedure to create a new channel from the tear sac to the inside of the nose is known as dacryocystorhinostomy (DCR). This surgery is intended to allow the tears to bypass the blocked duct and work correctly.
However, there are a number of risks associated with the DCR procedure including:
- Excessive bleeding
- Prominent facial scars
- Infection
- Displaced stent that can lead to other eye-related issues
- Abnormally fused tissue in the nose
- Non-effective procedure
- Blindness may occur with damage to the infraorbital vessels or optic nerve
These risks differ according to things such as age, health conditions, and the reasons for the procedure.
FAQs About Excessive Tearing Caused by Chemotherapy Drugs
1. Who are the victims of excessive tearing caused by chemotherapy drugs?
Anyone who has suffered long-term and permanent side effects or damage such as physical pain and discomfort, or even emotional or psychological distress as a result of chemotherapy drug treatment, has a case for product liability against the manufacturer.
Generally speaking, however, excessive tearing has profoundly affected breast cancer survivors. Individuals who have undergone chemotherapy treatment for prostate, lung, stomach, neck and head cancer may also be susceptible to excessive tearing.
2. Do I have a successful claim against the company that hurt me?
If your life, physical or mental health has been negatively affected, then the short answer is yes — you may have a case. Product liability lawyers can review your medical records and help you determine whether you are one of the thousands of cancer patients who have fallen victim to the permanent and long-term chemotherapy drug side effects that you never ‘signed up’ for.
3. Should I sue a chemotherapy drug manufacturer if my cancer was successfully treated?
Sometimes cancer patients are hesitant to “complain” about side effects either because they accept them as normal consequences of treatment or they are so grateful to beat cancer that they minimize post-cancer side effects. Going through chemotherapy does not mean you have to bear or accept any subsequent side effects if the pharmaceutical company has failed to adequately inform or warn you, or has deliberately been guilty of false marketing or downplaying the severity of side effects.
The battle of a cancer survivor is a life-changing experience. Life after chemotherapy should be long and full of happiness. If Taxotere or another chemotherapy drug has destroyed, reduced or damaged this happiness, then you have a legal right to hold the pharmaceutical company responsible for your pain.
Hotze Runkle PLLC has fought hard to represent people who have suffered permanent side effects as a result of corporations putting profits over people. The attorneys at Hotze Runkle PLLC continues to hold these corporations like Sanofi-Aventis responsible for negligence, false marketing, and downplaying the severity of their chemotherapy drug’s side effects.
Do not hesitate to contact the product liability lawyers of Hotze Runkle PLLC at (877) 919-0830 if you or a loved one are suffering from excessive tearing as the result of being treated with a chemotherapy drug such as Taxotere.
Recently, 3M, a government contractor and combat earplug manufacturer, came under heavy scrutiny when members of the U.S military issued complaints of hearing impairment and loss due to the company’s defective product. Unfortunately, for many of our men and women in uniform from 2003 through 2015, it was already too late.
Even though the company is set to pay $9.1 million to the U.S. military, they haven’t admitted to any wrongdoing, disregarding any liability for the pain and suffering they have caused to military members. Sadly, this isn’t the only lawsuit targeted at the company.
If you or someone you love was deployed between 2003 and 2015 and have suffered from hearing impairment or loss, the 3M defective earplug lawsuit lawyers of Hotze Runkle PLLC will fight to get the compensation you deserve.
The PFAS Lawsuit
A 3M environmental specialist accused company officials in a resignation letter, stating the company was corrupt and more concerned with markets, legal defensibility, and image over safety when it came to Perfluoroalkyl substances (PFAS).
Documents were obtained from the Minnesota Attorney General’s office which outlines 3M’s own research showing that PFAS compounds were not breaking down in the environment and were having negative health effects in laboratory rats and other animals.
Also, the blood of employees—and the public—had become infected with these compounds. As this issue came into the light the company, 3M continued to sell PFAS compounds for use in products worldwide.
Some of the problematic products identified were:
- Scotch Guard stain protection
- Teflon coating on cookware
- Water resistant shoes/clothing
- Sandwich wrapping paper
- Microwave popcorn bags
- Aqueous firefighting foam
Lori Swanson, a Minnesota Attorney General at the time, gained access to internal documents from the Minnesota-based company after suing 3M in 2010 over the environmental contamination; the company just settled the lawsuit last year for $850 million.
Being exposed to a large amount of PFAS can cause a lot of damage to your body such as:
- developmental effects in infants
- increase a woman’s blood pressure during pregnancy
- lower infant birth weights
- interfere with the body’s natural hormones
- increase cholesterol levels
- affect the immune system
- increase the risk of cancer
- lower a woman’s chance of getting pregnant
The Defective Disposable Respirator Lawsuit
At the turn of the 21st century, 3M was wrapped into another lawsuit involving asbestos. The lawsuit claims that the company had marketed and sold a defective disposable respirator. The masks did not provide the protection that the company claimed, including filtering tiny asbestos particles. As a result, those that wore the respirators while working with asbestos materials have developed asbestos-related diseases.
When asbestos fibers are inhaled, they lodge deep within the lungs. Once in place, asbestos fibers can cause inflammation, scarring, and serious asbestos-related diseases that take many years to develop, such as:
Pleural plaques
- areas of white, smooth, raised scar tissue on the outer lining of the lung, internal chest wall, and diaphragm
- often the earliest sign of exposure to asbestos
- not everyone who has been exposed to asbestos develops plaques due to differences in their immune system
Asbestosis
- a chronic condition caused by inflammation or scarring in the lungs
- causes shortness of breath, coughing, and permanent lung damage
- caused by heavy, prolonged exposure to asbestos
Lung cancer
- cancerous tumors that mainly occur in the lining of the tubes leading into the lungs, the smaller airways, or the middle of the lungs
Mesothelioma
- a rare form of cancer of the tissue that lines the body cavities, particularly the chest and abdominal cavities
3M has put profit over the people multiple times, and again they have gone too far.
Large companies like 3M may feel like they can get away with their negligent business practices, but this time, they have tried to take advantage of those that fight for their freedoms. The 3M defective earplug lawsuit attorneys of Hotze Runkle PLLC want to bring 3M to justice again by helping our members in the service fight for their deserved compensation in civil court.
Contact us at (512) 476-7771 or toll free (877) 919-0830 to set up your FREE legal consultation with our 3M defective earplug lawsuit attorneys today
For as long as we have been a country, our brave men and women in uniform have placed their trust in the manufacturers that provide them the adequate protection and equipment they need to minimize harm or to improve their combat prowess.
Unfortunately, this noble deed can attract bad faith actors looking to make a quick buck at the expense of the user, and the recent lawsuits taken against 3M suggest just that.
At Hotze Runkle PLLC, we take great umbrage with those that would take advantage of the selfless members of our military, and if you or someone you love has fallen victim to 3M’s negligent business practices, you need strong representation to help you get the monetary compensation that is owed to you.
The Problem With 3M and Their Defective Combat Earplugs
Between 2003 and 2015, 3M manufactured and issued out the Dual-Ended Combat Earplugs Version 2 (CAEv2) to the United States Military. These earplugs were designed to block out noise at 22 decibels while still allowing the user to hear.
That is, the earplugs were supposed to do that. They may have been originally designed with that in mind, but the earplugs were too short to place in and stay within the ear canal. To make matters worse, instead of redesigning the earplug to fit properly and filter out ear-damaging sound, 3M simply folded back a bit of the earplug in an ineffective attempt to mitigate loud sounds. This caused them to fall out without the user realizing it, exacerbating the problem.
3M allegedly sold their equipment with knowledge of the defects and the damage that they could cause. 3M also manipulated test results, provided false data, and failed to provide adequate instructions on how to use them.
As a result, many members of the military developed hearing impairment issues like tinnitus or hearing loss and launched lawsuit after lawsuit at the defective earplug manufacturer.
Situations Where the Combat Earplugs Were Needed to Avoid Hearing Impairment
Since 2015, most of the earplug users in the military between 2003 and 2015 have suffered from hearing impairment issues resulting from dangerous levels of military-specific noises such as:
- Gun fire
- Jet engines
- Blasts
- Roadside bombs
- Other battlefield experiences
Because of 3M’s desire to cut corners in an effort to maximize profits, most of the military members using the combat earplugs have become sensitive to sound, have difficulty hearing, developed Tinnitus—a constant ringing in the ears—or have lost their hearing completely.
Determining Liability in a 3M Defective Earplugs Lawsuit
In a product liability case, it is the duty of an experienced 3M lawsuit lawyer to determine if—and how—the manufacturer, supplier, retailer, or any other entity in the distribution chain acted in a negligent, malicious, or fraudulent manner. To do so, you product liability lawyer must collect compelling evidence that proves the product was defective and at fault.
Most of the evidence your lawyer can use consists of:
- The product’s label
- The product’s warranty
- The product’s instructions
- Victim statements
- Incident/Injury reports
- Witness testimony
- Expert testimony
- Legal research
If you or someone you know has suffered any type of injuries as a result of 3M combat earplugs, you can file a claim with the Austin 3M defective earplugs lawsuit lawyers of Hotze Runkle PLLC to seek out your deserved compensation.
Although product liability law varies from state to state, it generally requires you prove the following items in your claim:
- You were injured or suffered loss – If you want to file a claim, you must have sustained any type of injury from the defective product. Without an actual injury or loss, you may not qualify for a product liability claim.
- The product is defective – If you purchased a defective item unknowingly, you can file a product liability claim. Manufacturers have a duty to inform consumers of the risks involved with their product, and if they negligently or fraudulently withhold any of that information for the sake of sales, you may have a strong claim.
- The product has a manufacturer error – In this circumstance, you must prove that the product has defective due to an error in the manufacturing process. Proving this can be easy or difficult, depending on the product. In the case of the combat earplugs, 3M manipulated the earplug to fold back, saving them from having to redesign the earplug to fit snugly within the ear canal.
- There was a failure to warn consumers – Depending on the product and what it is used for, the warning labels must list the dangers that particular product contains. 3M gave no warning about their defective earplugs, thus putting a lot of individuals at risk of hearing impairment or loss.
The 3M defective earplugs lawsuit lawyers of Hotze Runkle PLLC want to help veterans and other active members of the military get the respect and dignity they deserve.
If you or someone you know was in the military between 2003 to 2015 and are suffering from any type of hearing impairment, loss, or tinnitus due to the defective 3M combat earplugs, contact us at (512) 476-7771 or toll free (877) 919-0830 to set up your no-obligation, FREE legal consultation today.
According to the U.S. Department of Veterans Affairs, “Hearing loss affects more than 28 million Americans, including more than half of those over age 75. Hearing problems—including tinnitus, which is a ringing, buzzing, or other type of noise that originates in the head—are by far the most prevalent service-connected disability among American Veterans.”
Unfortunately, companies like 3M are only making matters worse. This negligent company sold defective combat earplugs to the U.S. Military, which in turn provided these faulty devices to military personnel in active warzones across the globe. It’s estimated that over 1.5 million soldiers could be facing hearing loss issues as a direct result of these defective earplugs.
While 3M was forced to pay $9.1 million back in restitution, military vets are essentially left to fend for themselves.
But they are not alone.
The 3M defective combat earplug lawsuit attorneys of Hotze Runkle PLLC are dedicated to providing service members the legal counsel and care they deserve. We can help you to better understand your legal options as well as provide information on securing additional support from Veterans Disability Compensation.
About VA Disability for Hearing Loss
According to the Centers for Disease Control and Prevention “Veterans were 30% more likely to have severe hearing impairment than non-veterans after adjusting for age and current occupation, and veterans who served in the United States or overseas during September 2001 through March 2010, the era of overseas contingency operations (including Operations Enduring Freedom and Iraqi Freedom), were four times more likely than non-veterans to have severe hearing impairment.”
Some elements that can lead to severe hearing impairment include:
- Gunfire
- Heavy equipment
- Jet engines
- Machinery
- Blasts
- Roadside bombs
- Training
- Battlefield experiences
In order to receive service-connected disability compensation for your hearing loss, you will have to provide evidence to the Department of Veterans Affairs (VA) of your injuries. The evidence needed to prove your hearing loss includes:
- A hearing exam by a licensed audiologist who can administer both a Maryland CNC test and a pure tone audiometric test.
- Evidence of an event that contributed to your hearing loss while you were in the military. For those suffering from hearing loss as a result of 3M defective earplugs, wartime records will prove to be strong evidence.
- An official medical opinion linking your in-service exposure to your hearing loss.
The amount you receive in VA benefits depends on your disability rating. This rating is based on the severity of your condition. The more your hearing loss limits you, the higher your disability rating.
The VA rates hearing loss is on a scale of 0 to 100%.
For 2019, the VA hearing loss disability compensation rates are:
Hearing Loss Monthly VA
Disability Disability
Rating Compensation
0% $0 per month
10% $140 per month
20% $277 per month
30% $429 per month
40% $618 per month
50% $879 per month
60% $1,114 per month
70% $1,404 per month
80% $1,632 per month
90% $1,834 per month
100% $3,057 per month
VA disability is not your only option, however. You can also seek out restitution from the company liable for your injuries – 3M.
Holding 3M Accountable
The product liability lawyers at Hotze Runkle PLLC are seeking military veterans and personnel who suffered hearing loss and other injuries as a result of 3M Dual-Ended Combat Arms earplugs.
In order to file a claim and hold 3M accountable, we will need to prove that:
- You served in the U.S. military between 2003 through 2015.
- You used military issued 3M combat earplugs during your time in the service.
- You have medically documented hearing loss or tinnitus.
- You are NOT suffering from some other syndrome, disease, or illness that is causing your hearing loss.
Securing this evidence is the first step in filing a claim against 3M. Our national product liability lawyers will then work diligently to help you recover damages for:
- Past and present medical bills
- Lost income
- Pain and suffering
- Loss of consortium
- Mental or emotional trauma
- Punitive damages (if this applies)
Hotze Runkle PLLC has the skills, experience, and determination to bring 3M to justice. We are not afraid to take corporations like them to court and defend your rights.
Contact us right now at (512) 476-7771 or (877) 919-0830 for a FREE case evaluation.
If you ever stay up late at night watching television, you have probably seen a couple of infomercials made by law firms asking if you have been affected by a certain party or product. Those type of infomercials target specific individuals with the intent of encouraging them to file a lawsuit against the party that harmed them.
These types of lawsuits are known as Class Action Lawsuits and can provide several benefits to individuals looking to file a claim.
Your team here at Hotze Runkle PLLC has been following the 3M defective earplugs situation and it appears that the growth of the number of cases may turn into a class action lawsuit. Please consider the following information.
About Class Action Lawsuits
In a class action lawsuit, a large number of people from all over the nation are seeking recovery from a product, company, or entity that has caused them damages. This is referred to as commonality.
While the claims do need to be similar, they do not necessarily need to be identical. The similarity in facts allows for the litigation process to work more efficiently versus each case being handled individually.
For a plaintiff, it can be a lot more cost effective and also provide them the necessary means to seek our compensation. Otherwise, it might be too challenging for the individual to take the defendant to court and secure compensation on their own.
In a class action lawsuit, resources are consolidated, allowing for attorneys, evidence, witnesses, and other aspects of litigation to be used by those participating in the claim. When a class action lawsuit is permitted by a court, a representative plaintiff leads the process. These individuals are intended to adequately represent the claims and circumstances of the entire class without being able to take advantage of their position.
As of the present time, the 3M defective earplugs case appears to be turning into a class action lawsuit or mass tort. Individuals interested in participating in the class action lawsuit may have to “opt-in.”
The Benefits of Class Action Lawsuits
So now that you are more aware of how a class action lawsuit works, you might be wondering how you might benefit.
Several of the advantages of a class action lawsuit include:
- It is financially more feasible for a plaintiff to participate in a class action lawsuit versus filing a claim on their own. Cost of litigation can be incredibly high for single individuals but combining all these claims makes it much more reasonably affordable for those who have suffered damages.
- There is a greater level of uniformity which allow the claims to be resolved in a much more efficient manner. Rather than hundreds (or even thousands) of cases clogging up the courts, a class action lawsuit provides all these individuals with a voice in court within a reasonable amount of time.
- Because plaintiffs in a class action lawsuit are able to pull resources, there is a greater likelihood of securing financial recovery. Additionally, class actions lawsuits help to spread the compensation recovered across a greater number of plaintiffs versus a single individual obtaining the vast majority.
The trustworthy attorneys of Hotze Runkle PLLC are ready to fight for you if you have suffered hearing loss as a result of the d+e 3M military earplugs. Contact us today for a FREE, no-obligation consultation at our toll-free number (877) 919-0830. Our attorneys understand the class action lawsuit process and can provide you with more information about the options you have.
The company 3M has come under fire for selling defective combat earplugs. The Minnesota-based company began marketing the product in 2008 after acquiring it from original manufacturer, Aearo Technologies. Aearo Technologies knew the earplugs were defective since first being produced in early 2000 but 3M still sold them anyway until they were discontinued in 2015.
In recent years, veterans who were deployed in active war zones between 2003 to 2015 have begun to file lawsuits against 3M, claiming hearing loss and other damages such as tinnitus. While 3M is set to pay the U.S. military $9.1 million for their wrongdoings, veterans are having to seek out compensation on their own.
That’s why the national litigation firm of Hotze Runkle PLLC want to ensure that you are properly treated and receive the recovery you need to begin healing.
If you are dealing with damages caused by these defective combat earplugs. Contact us today for a FREE, no-obligation consultation at our toll-free number (877) 919-0830.
About Tinnitus
Along with a host of other serious physical and emotional wounds, military veterans are also having to deal with tinnitus as a result of these defective earplugs that were supposed to protect them.
According to the Mayo Clinic, tinnitus is a persistent ringing, buzzing, hissing, chirping, whistling or other irritable sound heard by the sufferer. Tinnitus is not a disease itself but a symptom of an underlying condition of age-related hearing loss, ear injury, or a circulatory system disorder.
As per Military.com, tinnitus is the number one disability suffered by veterans and currently affects at least 1 in every 10 U.S. adults. Additionally, over 150,000 veterans were diagnosed with tinnitus in 2015 and nearly 1.5 million vets are currently receiving disability benefits for it.
Some of the common causes of tinnitus in military vets include:
- Exposure to loud noises: The most common cause of tinnitus in U.S. military personnel, veterans often deal with explosions, gunfire, machinery, and aircraft, which all make substantial amounts of noise.
- Ear bone change: When abnormal bone growth occurs, it affects your middle layer of the ear and again affect the hearing and cause tinnitus.
- Other health conditions: There are a number of additional health issues that can lead to tinnitus including issues involving the heart, issues involving the blood vessels, jaw misalignment, head or neck trauma (a very real issue for military vets), and stress (PTSD can be a catalyst for veterans).
There are two kinds of tinnitus sufferers may be dealing with:
- Subjective tinnitus is the most common type. It can be caused by problems with the hearing (auditory) nerves or part of your brain that interprets nerve signals as sound (auditory pathways). This leads to the sufferer hearing the noise only within their head.
- Objective tinnitus is much more rare type that can be observed by a doctor during examination. This could be caused by a blood vessel problem, a middle ear bone condition, or muscle contractions.
Unfortunately, the majority of cases suffered by our US veterans come as a result of exposure to loud noises during active duty tours. When coupled with the fact that these individuals were provided defective equipment, the severity of the situation becomes much more upsetting.
Preventing Tinnitus from Intensifying
There are certain behaviors and health-related activities that can aggravate your condition. It is important to take the necessary precautions to limit its effects on your life. Avoid:
- Exposure to loud noise without protection
- Smoking
- Drinking alcohol
- Drinking caffeine
- Listening to music through headphones
Additionally, regular exercise and healthy eating is another way to keep your blood vessels healthy and could assist in reducing the impact of tinnitus. You’ll also want to avoid physical and emotional stress that can intensify the issue.
It is absolutely vital to your health and mental well-being that you seek out medical care as needed to help you with controlling your tinnitus.
If you were a service member in an active war zone between 2003 to 2015, and have suffered severe hearing loss or tinnitus as a result of defective 3M combat earplugs, then contact Hotze Runkle PLLC today for a FREE, no obligation consultation.
The sense of sound is one of the greatest gifts we are born with. The ability to hear can provoke so many different emotions; whether it’s the sound of roaring thunder, the joy of hearing your favorite song, or the sound of cries from your newborn, this sense is a monumental factor that can affect our quality of life.
Unfortunately, military personnel that served between 2003 through 2015 are facing appalling rates of hearing loss as a result of the defective 3M Combat Earplugs they were provided. Health issues associated with the product include hearing impairment, loss of hearing, and tinnitus, which is a constant ringing or buzzing in the ears.
But the soldiers that sacrificed for our country aren’t just dealing with the physical tolls of hearing loss but the emotional damages as well.
The committed and compassionate team of litigation lawyers at Hotze Runkle PLLC want you to know that you are not alone if you are dealing with damages caused by these defective combat earplugs. contact us today for a FREE, no-obligation consultation. We want to help you right their wrongs.
About Hearing Loss & 3M
Hearing loss is actually a common disability in the United States with over 200,000 new cases reported every year. In total, hearing loss affects more than 28 million Americans, and sadly, more than half of those are over the age of 75.
In a whopping statistic, hearing loss is the most common disability when it comes to American Veterans. In some cases, the hearing loss may be temporary and reversed through surgery or other medical means. In others, hearing loss is permanent, with the only support coming from hearing aids.
While there are various forms of hearing loss, those relevant to our topic are Conductive and Sensorineural (or mixed hearing loss when these both affect the victim).
- Conductive hearing loss occurs when there is damage or blockage/infections in the outer and/or middle ear. The sounds cannot be conducted properly through the ear canal to the eardrum and affect hearing.
- Sensorineural hearing loss, on the other hand, is caused by aging, diseases such as meningitis, exposure to certain chemicals, and by damages caused by extremely loud noises such as explosions, gunfire, jet engines, and other military-related activities.
Many US veterans who served in the Iraq and Afghanistan operations between 2003 through 2015 were exposed to frequent blasts and gunfire. When coupled with the fact that many of them were provided with defective Duel-Ended Combat Earplugs from the company, 3M, many of these same individuals are now suffering hearing loss as a result of their experiences out in these warzones.
According to the Department of Justice, in order to comply with government standards, the company manipulated test results and were well aware that their earplugs were too short to properly fit within the ear. Regardless, this negligent and irresponsible company still sold the product to the military without disclosing the design defect. Now, veterans are suffering from hearing loss and tinnitus, a high-pitched ringing sound that never goes away.
While a settlement has been reached between 3M and the US military, veterans are still dealing with their damages and have yet to receive any compensation for the injuries they have suffered.
Additional Problems Caused By Hearing Loss
If the hearing loss wasn’t bad enough, our veterans are also having to deal with the consequences of these damages. The problems caused by hearing loss will differ from veteran to veteran, but for most who suffer hearing impairment and noise-induced hearing injury, they may deal with:
- Issues with socializing as they are no longer able to communicate effectively. Social isolation can have a profoundly negative impact on veterans who are already dealing with a host of other issues such as post-traumatic stress disorder.
- Issues with pursuing higher education and other forms of training because of their damages.
- Fewer job opportunities caused by their communication impairment. This can lead to financial issues.
- Psychological and emotional issues can arise including shame, depression, and low self-esteem.
- Physical issues such as headaches, muscle tension from stress, and increased blood pressure are also associated with hearing loss.
- An increased risk of accident or injury.
- A lowered quality of life.
The reality is that hearing is extremely important to the emotional, physical, and psychological well being of our veterans. They do not deserve to be mistreated as such and the manufacturers of these defective combat earplugs need to be brought to justice.
As a member of the armed forces, you sacrificed in your fight for freedom. Now you deserve somebody to fight for you. If you were a service member in an active war zone between 2003 to 2015 and have suffered severe hearing loss as a result of defective 3M combat earplugs, then call Hotze Runkel immediately at (877) 919-0830 for a free consultation.
We will fight to earn your trust and secure you full compensation for all you have suffered.
U.S. military personnel that served between 2003 and 2015 in active warzones and who were provided 3M Combat Earplugs, Version 2, are experiencing hearing related issues as a result of these defective earplugs. Health issues associated with the product include hearing impairment, loss of hearing, and tinnitus (ringing or buzzing in the ears).
Individuals in the military are especially vulnerable to hearing damage due to the constant sounds of gunfire, explosions, jet engines, blasts, and other such noises. Oftentimes, military personnel must deal with these sounds consistently over long periods of time.
Hearing damage can occur at 80 to 85 decibels, which is the level of noise present when moving in a tank. Even the best hearing protection can only cut noise intensity by 20 to 25 decibels. The peak decibel level of gunfire is around 150 decibels and other military weapons, such as grenades, can reach 180 decibels.
If you were a service member in an active war zone between 2003 to 2015, and have suffered severe hearing loss as a result of defective 3M combat earplugs, then contact Hotze Runkle PLLC today for a FREE, no obligation consultation.
Settlement Under the False Claim Act
The lawsuit brought against 3M was initiated by Moldex-Metric, Inc., a 3M competitor that was attempting to develop their own earplugs. In the process of developing their own earplugs, Moldex discovered that 3M had falsified their data and test results.
A lawsuit was brought under the False Claims Act.
As a result of the lawsuit, 3M was required to pay a $9.1 million settlement for selling defective combat earplugs to the Defense Logistics Agency. Although 3M and its predecessor, Aearo Technologies, agreed to pay, they did not admit any fault for allegations that they knowingly caused harm to U.S. service members by supplying them with ineffective products.
Nearly half a million veterans are currently receiving a distributed $1 billion in compensation from the Department of Veteran Affairs for hearing loss.
The Earplugs Technical Design
The dual-ended earplugs were created for selective-attenuation (hearing.) They are supposed to allow the users to select from two levels of hearing.
Inserting one end was said to allow individuals a normal hearing experience while still providing protection from noise damage. The other end was meant for higher level noises, like traditional combat earplugs that can filter and protect the ears from gunfire and explosions.
How Is the Product Defective?
The 3M Company and Aearo Technologies neglected to fix or discontinue the sales of their defective product even after it failed a safety test in 2000.
The Combat Arms Earplugs, Version 2, are defective because they are too short to fit the ear canal properly. Due to poor design, the earplug gradually slips out of place. These loose fitting earplugs thus offer no hearing protection.
You may be eligible to file a claim if:
- You served in the military between the year 2003 to 2015
- You were issued 3M Combat Earplugs
- You have since suffered from hearing loss and other related issues
Hearing impairment, loss, or tinnitus is affecting those that have served our nation at an alarming rate. Contact the hardworking product liability lawyers at Hotze Runkle PLLC to seek compensation for your 3M Combat Earplug hearing loss case.
Call (512) 476-7771 today for a free legal consultation if you have suffered hearing damages caused by the 3M defective earplugs.
Many Americans have come to suffer from asbestos-related diseases such as mesothelioma. But few are even aware of what the substance is and how it is still affecting Americans today.
Your national asbestos lawyers at Hotze Runkle PLLC would like to shed some light on this infamous material and how 1000s of individuals are still being diagnosed with mesothelioma each year in the United States.
What is Asbestos?
Asbestos is a naturally occurring mineral with a thread-like structure that can make it stronger than steel. It’s durable design, as well as its resistance to heat, electricity and chemical corrosion, made it a go-to item in construction and consumer products.
Unfortunately, it was ultimately discovered that the mineral was highly carcinogenic. Having been used for decades, this was troubling news for thousands of Americans.
A Brief Overview of Asbestos Use in the United States
Asbestos first came into use in the late 1800s as a response to the Industrial Revolution. From then on, the use of asbestos in the industry grew as manufacturing expanded. During this time, asbestos was used heavily for insulation, from homes to oil refineries and everywhere in between.
World War II was another turning point for the use of asbestos. The military created a massive demand for it, using it in military equipment, bases, and transportation. After the war, the use of asbestos continued to expand as the carcinogenic material was used in homes, appliances, and in the construction industry.
The height of production of asbestos was in the 1960s. By 1973, 813,000 tons were being used annual. Many commercial products were made with it, even common household products such as baby powder and children’s’ toys had traces of asbestos.
It wasn’t until the late 1970s and 80s that the American public was finally told about how dangerous the material was.
Individuals and professions who experienced the worst asbestos exposure included:
- Military
- Heavy industry
- Construction
- Shipbuilding
- Mining
- Asbestos product manufacturing
It’s worth noting that family members of individuals who worked in these industries were also susceptible to the effects of asbestos. Workers often, and unknowingly, brought home these tiny fibers on their clothing and tools, spreading asbestos around their homes where they were absorbed by family members.
The Effect of Asbestos Exposure
Asbestos fibers can stay airborne for 72 hours, even remaining afloat in a room with no air movement.
The fibers are essentially invisible to the naked eye, cannot be felt or even tasted, and this is where the danger lies. Individuals can inhale massive amounts of asbestos fibers without ever realizing it.
These asbestos fibers can then stick to the lining of the lungs, where the body reacts by forming a scar tissue over them. As the scar tissue accumulates, tumors can begin to grow. Sometimes, the damage caused by asbestos exposure is irreversible.
Asbestos-related diseases can take decades (20-50 years) to develop and it can be just as long before any symptoms arise in the victim. This can affect diagnosis and treatment.
One of the most dangerous diseases caused by asbestos is mesothelioma.
Mesothelioma is a form of cancer caused by asbestos exposure. In the United States, 3,000 individuals are diagnosed with mesothelioma each year.
Will Asbestos Ever Be Banned in America?
The EPA has passed laws such as the Clean Air and Clean Water Act to help regulate asbestos use. In 1989, the EPA made a law banning all asbestos products, however, it was overturned after an intense court battle.
Another federal agency that has worked to get rid of asbestos products is the Occupational Safety and Health Act (OSHA). They have made it mandatory for companies to control access to places where asbestos is being used and to also regulate the levels of asbestos fibers circulating the air.
The Consumer Product Safety Act (CPSA) oversees levels of asbestos in commercial products. They do recall and create bans on products with levels that can pose danger to consumers. Toys, crayons, talcum, paints, patching compounds and more have all been recalled or even banned for noticeable traces of asbestos.
Despite efforts made to limit the use of the carcinogenic material, there have been recent discussions about allowing companies to once again use the substance in the United States. The Environmental Protection Agency recently proposed that there be no limitation on the use of asbestos.
The new rule goes that the manufacturers must alert the EPA and seek approval if they are trying to use asbestos in products.
Despite all the pain and suffering many victims and families have suffered as a direct result of asbestos-related diseases and mesothelioma, it appears that the substance may make a comeback.
Did you face exposure to asbestos in the workplace? Get compensated for your pain and suffering with the help of national asbestos litigation lawyers at Hotze Runkle PLLC.
Contact Hotze Runkle PLLC today at (512) 476-7771 to learn more about your ability to seek a legal claim against the parties that caused you damage. Your pain deserves a voice.