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.
Many workers across various industries have been exposed to toxic asbestos-containing materials. One such field where hazardous materials were widely used was in shipyard work. Shipyard workers constructed a wide range of ships made for both military and civilian use.
The use of asbestos-containing products was especially prevalent until the 1970s. Until that point, the U.S. military had allowed for more than 300 asbestos-containing products to be used during ship construction.
According to the Centers for Disease Control and Prevention, in the United States, an estimated 27 million workers were exposed to aerosolized asbestos fibers between 1940 and 1979. Additionally, a 2008 study found that shipyard workers carried a mortality rate 16 times greater than the average of other occupations.
Despite their dedication to our country, military shipyard workers have some of the highest numbers of asbestos exposure and those who were in the Navy have been most affected.
If you or a loved one had previously worked in a shipyard and is currently dealing with an asbestos-related illness, you may be eligible to file a lawsuit against the party responsible for your injury. Contact Hotze Runkle PLLC today at (512) 476-7771 for help from experienced and qualified asbestos litigation lawyers.
Where and how did asbestos exposure occur?
As previously mentioned, the U.S. military had authorized the use of more than 300 asbestos-containing products until the 1970s. Many components and general areas of ships contained high levels of asbestos including:
- Boiler rooms
- Engine rooms
- Hallways
- Sleep quarters
- Insulation
- Paint
- Gaskets
- Sealants
- Valves
- Adhesives
- Furnaces
Because of the heavy use of asbestos in shipyard work, the vast majority of individuals working in the shipbuilding industry were likely exposed to this deadly carcinogen. Any worker that helped in the construction of the ship, performed maintenance and repairs, overhauls, or even decommissions likely faced exposure. Shipyard workers who may have been exposed include:
- Welders
- Plumbers
- Steamfitters
- Janitorial and cleanup crew members
- Ship lifters
- Pipefitters
- Machinists
- Painters
- Electricians
- Boilermakers
- Servicemen aboard vessels
Ships used asbestos for insulation because of its ‘safety features’ such as being fire retardant and resisting corrosion. It was a way to preserve the vessel, therefore, it was used in such staggering quantities.
Not only was asbestos used in military ships, but also civilian luxury liners such as cruise ships. The lack of ventilation aboard vessels caused exposure to the toxic material, even when workers were not in direct contact with it.
Anyone in contact with a vessel that was heavily lined with asbestos could be at risk for damages.
How is asbestos in shipyards still impacting people today?
There are 106,000 shipyard workers employed nationally today, all who face a moderate rate of exposure to the hazardous material. Due to previously placed asbestos insulation in the vessels, lingering amounts of asbestos can present harm to current shipyard workers.
The highest levels of asbestos-related illness and exposure are in California. With its long coast darted with countless shipyards, and even its large prevalence of natural asbestos deposits, this state is number one in deaths by mesothelioma and other asbestos-caused illness.
Call the national asbestos litigation lawyers at Hotze Runkle PLLC if you or a loved one suspects that you have been exposed to asbestos while on the job in a shipyard.
Our knowledgeable asbestos lawyers know which companies in the shipyard industry are responsible for the asbestos-related illnesses suffered by workers.
We are prepared to fight and help get you the compensation necessary to help treat or deal with mesothelioma or other asbestos-related diseases. Call us right now at (512) 476-7771 for a free consultation with our national asbestos lawyers.
Asbestos-related illnesses, such as mesothelioma, can result in life-altering physical and emotional damages, as well as financial issues for victims. Negligent companies and employers who have hurt clients and workers are responsible for the pain and suffering they have caused.
It is only fair that victims of asbestos-related illnesses be compensated appropriately by liable parties to help victims and their families recover from damages suffered. However, filing a claim to recover damages can be difficult in the face of big companies, complex legal issues, and insurance adjusters.
Your knowledgeable asbestos trial lawyers here at Hotze Runkle PLLC know you may have quite a few questions when it comes to choosing the right asbestos attorney for your claim. You want to make sure you choose the best option for your needs.
Please consider the following information regarding how to choose a quality asbestos attorney to secure you the recovery that you and your family deserve.
Tips for Choosing the Right Mesothelioma Lawyer
The truth is that there are many mesothelioma lawyers out there who are eager to take your case. Unfortunately, many may not have what it takes to secure financial relief for you, while other attorneys may not be experienced enough to take your case to trial – which can be a highly likely scenario in claims regarding asbestos.
It can be difficult for you to make the right decision when choosing a lawyer. Keep the following tips in mind when choosing an asbestos attorney should you decide to file a claim:
1. Seek Assistance from a National Litigation Firm
Local asbestos attorneys may not be equipped with the same aptitude of knowledge to help you recover full compensation for your asbestos-related injuries. However, national firms are able to work across multiple states and will take your case wherever the value of compensation may be higher. National litigation firms also have no problem traveling to accommodate to the needs of national clients in order to win a case. Local firms may be more limited and not as flexible.
2. Experience and Success Matters
Your potential legal team should have experience in asbestos-related cases, as well as the numbers to back up their success claims. Make sure your attorney has a proven record in asbestos-related cases before deciding to choose them.
It’s also important that they have a high number of cases won in court. Securing a trial attorney can make all the difference in the world as inexperienced attorneys may tell you to accept less than what your case is actually worth just so they don’t have to take your case to court.
3. Payment Based on Contingency
If you don’t get compensated, your lawyer should not get paid. This deal will ensure your legal team is working hard to get you the recovery you deserve. If your asbestos attorney does not work under this contingency agreement, then reconsider the relationship.
4. Legal Team Handles the Trouble
As a client, your responsibility should essentially come down to recalling the events that led to your injury and helping to secure a few documents such as medical bills linked to your asbestos-related illness. All other legal work should be conducted by your attorney.
Mesothelioma victims are already under enough stress, so a quality team of attorneys should alleviate legal concerns including paperwork, investigation, and litigation.
5. Place Communication and Timeliness as Priorities
Mesothelioma cases should be handled in a timely manner. The right team will work hard to uncover the details regarding your claim to start the process of securing compensation right away.
Solid and open communication, as well as frequent updates about your case, will help you feel at ease, knowing that your situation is in trusted hands. You don’t want to wait around impatiently for a team that drags your case along.
Choose Hotze Runkle PLLC For Quality Legal Help
If you or a loved one has become ill in the face of asbestos exposure, contact the asbestos trial lawyers of Hotze Runkle PLLC now. We work hard to earn your trust and to help you obtain the compensation needed to recover.
Seek help from the trustworthy team of asbestos attorneys with a track record of success in similar cases. Call (877) 919-0830 to speak with one of our dedicated national asbestos lawyers at Hotze Runkle PLLC today.
Railroads have played an essential role in growing the U.S. economy, travel, and the development of this great nation. However, the hardworking individuals who have dedicated their blood and sweat to the industry have been impacted in a very negative way.
During the 20th century, railroad cars and other railroad equipment were manufactured with asbestos, a mineral fiber which serves as a great insulator but which is terribly toxic to humans when inhaled.
Due to working conditions, chances are that many railroad workers were exposed to this mineral and could be suffering from a number of respiratory ailments, or even mesothelioma, a rare and aggressive form of cancer.
If you or someone you love worked as a railroad worker and are now suffering from asbestos-related illnesses, look to the national asbestos lawyers a Hotze Runkle PLLC to defend your rights and help you find the closure you and your family deserve.
Risks of Exposure
Unfortunately, despite how toxic asbestos is, the product was still used for decades in various industries including the railway system. Many products and equipment used in railroads contained these toxic fibers, including, but not limited to:
- Insulation: Asbestos was used to insulate parts of steam and diesel locomotives. Some of these parts included the boiler, outside of the engine, boxcars, ceilings of cabooses, under the metal body of the train, driving cabins, carriages, and pipe coverings.
Asbestos could also be found in roadhouses and railroad shops. - Railroad Equipment: Asbestos was used in the creation of plaster, wallboards, cement ties, gaskets and sealing cement.
- Locomotive Parts: Asbestos fibers could be found in brake linings, brake pads, clutches, floor tiles, and in the ceilings of passenger cars.
Due to the variety of duties a railroad worker could have, chances are that they were exposed to asbestos fibers throughout their workday. However, there are some tasks which could have potentially exposed a railroad worker to dangerous levels of the mineral including:
- Brake inspection and replacement
- Coupling and separating cars
- Locomotive inspections
- Repairing signals on tracks or yards
It’s worth noting that the risks of asbestos exposure did not only occur for those working directly in the railroads but for their families as well since asbestos fibers can linger in clothing and be transported in that way.
Additionally, employees at or around roadhouses and/or railroad shops were also possibly exposed to asbestos by the fibers carried by the railroad workers who visited these locations.
What You Can Do
Unfortunately, railroad workers in the U.S. are not protected under the worker’s compensation program.
But there is hope.
An injured railroad worker can file a claim under the Federal Employers Liability Act (FELA) to get the compensation they deserve from their employers.
A FELA lawsuit is categorized as a civil lawsuit in which the railroad worker must prove their employer’s negligence and how it contributed to the injuries suffered. These types of lawsuits can be brought to a federal or state court.
However, in order to be able to file a claim against an employer under FELA, the railroad company which the injured party worked for must available in several states. If not, the worker can sue the individual manufacturers who used asbestos for the railroad equipment.
It is best to hire an experienced attorney who specializes in asbestos claims to handle the nuances and details of these complicated cases.