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.
We as a nation, we have become familiar with news stories and exposés on dangerous medical devices and prescription drugs. Every years hundreds, if not thousands, of individuals suffer through life threatening situations because of products that have been marketed to consumers as safe and effective to treat their illness or health condition. From medical devices like IVC filters, to prescription anticoagulants like Xarelto, patients are often the last to learn that their treatments may be dangerous, or sadly, even fatal. While there are certain federal departments designed to regulate the approval of medications and medical devices that make it into the market, flaws within these systems allow for pharmaceutical companies and manufacturers to sell products that are not always thoroughly studied or understood.
At the law offices of Hotze and Runkle, we believe that the safety and physical well being of patients should be of the utmost importance to these various medical devices and drug creators. However, the reality is that the primary focus of many of these pharmaceutical companies is simply profit.
To understand how these dangerous medical devices and prescription drugs make it through governmental approval processes, there is some vital information that you should know.
The Gatekeepers: The Food and Drug Administration
The Food and Drug Administration (FDA) is the federal department tasked with regulating the approval of medications and medical devices that the public is able to purchase, including prescription and https://www.doctorsexpresswaltham.com/propecia-order/ over-the-counter products.
Unfortunately, the FDA does not actually test the products, but rather analyzes clinical trials and data to make a decision on whether or not a product will be approved. This system is rather flawed and allows for many drugs and devices to make it to the market without undergoing adequate studies or trials.
To begin with, medications and medical devices are generally tested by the same companies that make them. This means that the FDA must rely on the accuracy and integrity of studies done by the same individuals who are seeking to make a profit off of the devices and drugs. As pharmaceutical companies cannot make a profit from products that do not have approval, it is in their self-interest to only report information that is suited to their own needs. Essentially, pharmaceutical companies will only report the data that will grant them FDA approval.
To make matters worse, the Government Accountability Office (GAO) has warned that the FDA lacks reliable resources to adequately staff, study, and track drugs and devices before they reach the market. This is further exasperated by the FDA’s impaired oversight of postmarket medications and medical devices.
More Than Just an FDA Problem
To make matters worse, there is an unsettling trend amongst federal legislatures that is providing the FDA with even less oversight abilities and further enabling pharmaceutical companies to release products that are not adequately studied.
One of the most recent examples of this has come in the form legislation known as the 21st Century Cures Act.
One of the last pieces of law signed by Obama, the Cures Act outwardly appears to be a landmark bill that would fund a number of health initiatives. The downside, however, is that the bill also cuts into the powers of the FDA, further deregulating the pharmaceutical and medical device industry.
One of the means by which this will occur is by allowing the FDA to quickly approve new technologies and drugs with even lower standards of evidence than what is currently set in place. While the FDA currently relies on clinical tests and randomized samples to ensure the safety and effectiveness of new products, the Cures Act would now allow them to approve an item based on observations, safety and side-effect claims, and post market clinical studies, rather than pre-market analysis and thorough consideration.
Proponents of the bill argued that the FDA system was ineffective and did not allow for growing medical technologies and medications to emerge on the market quickly enough. Now, the companies can bypass the entire process and submit documentation after patients have been subjected to the medication or medical device. These post market clinical studies often take place years after approval and few are ever completed.
Additionally, the 21st Century Cures Act would require the FDA to utilize a third party to review the safety of a product if a manufacturer makes changes to it. This would allow manufacturers to select and pay the third party for approval. This could obviously lead to huge conflicts of interests.
Don’t let the negligent and deceitful practices of IVC filter manufacturers scare you. Your injury and pain deserve justice. Let the legal representatives of Hotze Runkle PLLC serve your needs and provide you with the commitment of a team that can get the job done.
If you or a loved one has suffered adverse effects as a result of an IVC filter implantation, contact a team that fights to earn your trust—contact Hotze Runkle PLLC.
Our team of experienced and high qualified lawyers has the ability to make IVC filter manufacturers pay for the damaged they have caused. Reach us today at (877) 919-0830 to learn more about how we can put our years of experience to work fighting for you and your family.
Now that government-owned nursing homes around the country can draw from the federally funded Minimum Payment Amounts Program, hundreds of cash-starved facilities in Texas have signed up to claim this supplemental public funding. Since this funding is not available to nursing homes that are privately owned, local governments have assumed ownership of around 200 nursing homes around the state over the last year.
Though many industry leaders have applauded the program as a means to make improvements to aging facilities around the state, serious concerns have been expressed about what the shift in nursing home ownership will mean for nursing home residents and their families. As reported by The Texas Tribune, critics point out that there are strict limitations as to what legal action may be taken against local governments—a protection that would extend to nursing homes owned by local governments.
Additionally, as more nursing homes fall under the ownership of local governments and associated hospital districts, some local entities have become responsible for facilities that fall outside of their local jurisdiction. While these arrangements are intended to improve the quality of care as individuals transition between hospitals and nursing homes, J.T. Borah of Hotze Runkle PLLC told The Texas Tribune that the arrangement is suspect.
“This would place a huge burden on family members who are wanting to be very involved in their relative’s care,” Borah told the Tribune’s Edgar Walters.
Given the serious nature of the various problems that are inherent to nursing home facilities that are owned by hospital districts and local governments, you should take a moment to reconsider all of the options that may be available to you and your loved ones.
Earlier this year, the Office of the Inspector General for the Department of Health and Human Services announced that it would be cutting approximately $1 billion in revenues for audits and investigations.
Although some view this cutback as an appropriate and well-timed reduction of “excessive actions” by “watchdogs” like the OIG and others, others fear that such a cutback and reduction in oversight could lead to an increase in instances of neglect and / or abuse for long-term care facility patients.
At Hotze Runkle PLLC, our attorneys are dedicated to helping victims of nursing home abuse and neglect fight back against such inexcusable mistreatment. If a lack of appropriate oversight has resulted in you or a loved one suffering abuses in an assisted living facility, call our experienced team today at (877) 919-0830 for the compassionate help that you need.