ATTN. VETS: 3M Lawsuit Over Earplugs!

[Strykervet]

https://www.millerandzois.com/combat-arms-earplug-lawsuit.html I guess there are more lawyers but this one came up first and has the info on it. I stumbled on this by pure mistake, they're doing a goddamn stellar job keeping this under the table. Goes to trial in April so time IS running out to get onboard.

If you were in from 2003-2015, have tinnitus or hearing problems, exposed to loud noise AND wore earplugs then they probably owe you money. It's at the point now where you can actually get in on the lawsuit and get some real money the way I understand it, not just a voucher for a cup of fucking coffee or whatever.

Range of payout is expected to be $50,000 to $300,000 depending on severity.

3M did this knowing full well their shit didn't work, so no problem taking them to the cleaners.

A tinnitus rating is a guaranteed 10% through VA FWIW.

 

[Huskydriver]

This really old news but yes if haven't signed up gwot vets you need to

 

[Ravenworks]

Let's not forget about the lead poisoning for Marines drinking water stationed at camp Lejeune until 1984

 

[seanh]

I guess nobody else used cigarette butts or 9 mm cases that had better Sound Reduction

 

[wyld3man]

That has been around for awhile, not worth doing the paperwork for the $5 you would get once all the lawyers are paid off.

 

[HeavyAssault]

Sorry to tell you BUT if you don't have any direct evidence that you were issued those specific earplugs or just happen to have pics of you wearing those specific earplugs you will not get shit. I already looked into getting on the wagon.

 

[M8541Reaper]

Yea that definitely wasn’t kept under the table. It has been blasted everywhere for at least the past two years.

As for the evidence, all you have to really do is prove that they were an issued ear plug for your branch during your time in and then show proof that you did range quals. Too easy.

The payout will probably be a 50% off cert at Golden Corral.

 

[Praetorian_6]

I think they're BS. If you used the yellow side with the holes, then you're dumb. Those were meant for combat situations only when you wanted SOME ability to hear before contact and SOME noise reduction after. The green side worked perfectly fine. I don't want to be a part of this litigious BS.

 

[barnjs]

I still have mine somewhere in the house. Issued at Ft Hood in 2007. No intention of joining the litigation, but I do have tinnitus which is claimed with the VA. That 10% pay out is probably more than anyone will get from this lawsuit.

 

[myronman3]

earplugs?

if you wanted your ass beat, you tried to wear earplugs during livefires. or jumps. nothing like jumping directly into the propblast or jetwash of a plane that has the air deflectors engaged and engines screaming.

earplugs were NOT allowed. only at ranges for sight in and qualification.

 

[Porksboy]

EAR PLUGS? WHAT ARE THOSE?

 

[Mike Casselton]

EAR PLUGS? WHAT ARE THOSE?

Her little fingers in your ears while you are "downstairs".

 

[Drew890]

Range of payout is expected to be $50,000 to $300,000 depending on severity.

If you think that the rank and file who sign the lawsuit will actually see that kind of payout, then I have a bridge to sell you.

 

[Doc68]

Yeah I wore earplugs, I told the Taliban to stop shooting to give me time to put them in correctly.....

Doc

 

[Shooter McGavin]

Shit is every where I get info on that shit and I am not GWOT Vet

 

[gimpy]

If you’re a party to IraqWarFund lawsuit, they recommend NOT taking these scraps

 

[Doc68]

I'm filing all my issues today with the VA and med board.

Yay

Doc

 

[M8541Reaper]

Bilateral Hearing Loss & Tinnitus...both service connected and rated. ...and both cost me career opportunities due to failing hearing exams during the hiring processes.

Still not putting in for this scam. I’ll keep my $140/mo VBA check to offset the cost of fourteen rounds of 9mm.

Wife’s eyesight is shit and I’m deaf. Together we are as unstoppable as Gene & Richard #SeeNoEvilHearNoEvil

 

[7.62willdo]

What about all of us that served prior to those dates, are we just magically fine? My tinnitus is so bad some nights I can’t sleep and I’m sure it had nothing to do with my time spent in 3rd world country’s or my time spent in the icu at fort bliss Texas closest trauma/ icu.
.

 

[Praetorian_6]

What about all of us that served prior to those dates, are we just magically fine? My tinnitus is so bad some nights I can’t sleep and I’m sure it had nothing to do with my time spent in 3rd world country’s or my time spent in the icu at fort bliss Texas closest trauma/ icu.
.

No, but you magically didn't use the ear plugs that are the subject of the lawsuit. Besides, last I was told, tinnitus and hearing loss supposedly can't be claimed for disability, but it could in your time.

 

[M8541Reaper]

What about all of us that served prior to those dates, are we just magically fine? My tinnitus is so bad some nights I can’t sleep and I’m sure it had nothing to do with my time spent in 3rd world country’s or my time spent in the icu at fort bliss Texas closest trauma/ icu.
.

To be fair man, that’s just from being in El Paso...especially back in those days

 

[M8541Reaper]

No, but you magically didn't use the ear plugs that are the subject of the lawsuit. Besides, last I was told, tinnitus and hearing loss supposedly can't be claimed for disability, but it could in your time.

They could and still can be claimed for disability, if you’re talking about a veterans benefits administration disability. However the likelihood of receiving a rating well after your service completion is highly unlikely. I did have a WW2 vet’s inquiry come across my desk once because he was fighting for a hearing loss rating with the VBA, which they were denying. The dude’s pure tone results matched mine, which was funny but also depressing...because it meant I had the hearing of a 95yr old.

 

[Sniperwannabee]

I don’t see how these types of lawsuits are legal...the only people that get compensated are the lawyers

 

[HeavyAssault]

Damn...people need to get on the 100% gravy train.

 

[Praetorian_6]

Until so many people are on it that it goes away due to the rampant fraud. And at this rate, the whole country will probably get UBI, anyways.

 

[Doc68]

I just filed tinnitus with the VA, ot is a thing to be able to do still.


Doc

 

[M8541Reaper]

I just filed tinnitus with the VA, ot is a thing to be able to do still.


Doc

It is.

 

[M8541Reaper]

Damn...people need to get on the 100% gravy train.

People need to get on the train if only claiming and filing for the ailments that they chronically suffer from. To do otherwise is just expecting the government a handout that you don’t fucking rate.

I used to want to rage out when vets would show up at town halls to bitch and moan that their buddy got 100% but they only got 80% and then base their claim on how they did more than their buddy in the supply warehouse.

Claim what you rate and stop clogging the system with your BS shit just so you can get on Veteran welfare. [Im referring to compensation that you don’t rate as veteran welfare....AND NOT the compensation you receive for legitimate ailments.

...then again, I am against any sort of financial compensation for ratings less than 100% unemployable. You’re getting healthcare/treatment/support for life for the rated disabilities. What more could you want? Put the compensation back into the VHA budget and increase the quality of care and resources for all service-connected veterans.

 

[sirhrmechanic]

Strykervet is great people here and anything he posts is worth reading.

Sadly, this whole 3M lawsuit will likely enrich a handful of ambulance-chasing dirtbags. And thousands of Vets will get little or nothing while the handful of lawyers preying on them will end up making tens of millions of dollars from 3M stockholders... in other words, millions of people's 401K's and retirement funds.

Shakespeare was right... "First, we kill all the lawyers!"

Sirhr

 

[greg1147]

I just filed tinnitus with the VA, ot is a thing to be able to do still.


Doc

Does Vietnam count, I filed last year at the recommendation of another vet, still waiting, one hearing test so far and I failed miserably, studied and everything. No hearing protection was ever offered what did I miss? Guess I should study more.

 

[M8541Reaper]

Does Vietnam count, I filed last year at the recommendation of another vet, still waiting, one hearing test so far and I failed miserably, studied and everything. No hearing protection was ever offered what did I miss? Guess I should study more.

It does if you have records showing that your tinnitus occurred during your service. There’s no pass or fail for an audiogram. It’s just a test that shows your decibel loss at various frequencies. If you have your audiogram from when you entered service and when you left service, you may have a case for at least a 0% rating, which won’t have a compensation amount but it will get you hearing aids and care.

The issue you and others who have been out of the service for more than 5yrs us that you have to prove it was caused during your time in service AND chronically disabling. If you can’t prove that, you’re pretty much looking at a denial.

 

[HeavyAssault]

People need to get on the train if only claiming and filing for the ailments that they chronically suffer from. To do otherwise is just expecting the government a handout that you don’t fucking rate.

I used to want to rage out when vets would show up at town halls to bitch and moan that their buddy got 100% but they only got 80% and then base their claim on how they did more than their buddy in the supply warehouse.

Claim what you rate and stop clogging the system with your BS shit just so you can get on Veteran welfare. [Im referring to compensation that you don’t rate as veteran welfare....AND NOT the compensation you receive for legitimate ailments.

...then again, I am again at any sort of financial compensation for ratings less than 100% unemployable. You’re getting healthcare/treatment/support for life for the rated disabilities. What more could you want? Put the compensation back into the VHA budget and increase the quality of care and resources for all service-connected veterans.

What exactly are you saying is "veteran welfare"??

 

[HeavyAssault]

Does Vietnam count, I filed last year at the recommendation of another vet, still waiting, one hearing test so far and I failed miserably, studied and everything. No hearing protection was ever offered what did I miss? Guess I should study more.

Ever heard of Agent Orange??

 

[Ken Burton]

VA what a joke they are, wouldn't cross the street for that or any of the VFW, etc. help vets BS

 

[HeavyAssault]

Keep thinking like that and they will never change. Maybe if some "hard-chargers" here took half their bitching about the VA, turned it into action to CHANGE the VA, we could ACTUALLY help vets. But hey.....keep bitchin'...It's A LOT easier.

While my "actions" to my local VA are not Earth shattering, they know not to F-around with me. It's not hard.....just got to know how to address them.

 

[crunchy]

Why only 2003 and not prior?

 

[Sniperwannabee]

Why only 2003 and not prior?

Probably because that’s when those plugs were issued

 

[HeavyAssault]

2003 would have been the time 3M started providing the earplugs.

 

[Doc68]

2003 would have been the time 3M started providing the earplugs.

What he said. The only worse one then those were the surefire ones.....

Doc

 

[NY700]

I don’t see how these types of lawsuits are legal...the only people that get compensated are the lawyers

This isn’t correct. There are class action lawsuits and there are Mass Tort lawsuits. They are very different

in a class action all the people are dumped in together (the class) and there will be a si hole representative of the class. The lump sum settlement is then divided by the number of people in the class. Attorney fees are generally 33%-40% plus expenses

in a mass tort claim each person is represented individually. Their case is their case. A law firm can represent hundred even thousands of plaintiffs. A good firm can do this very efficiently because it’s basically the same case for each however they would be argued and negotiated separately based on the individuals damages. If some have sustained significant damages and others not so much you can have very different settlement potential. Cost are still typically the same 33%-40% plus expenses however their is the potential for higher expense total but also higher settlement figures.

 

[Sniperwannabee]

This isn’t correct. There are class action lawsuits and there are Mass Tort lawsuits. They are very different

in a class action all the people are dumped in together (the class) and there will be a si hole representative of the class. The lump sum settlement is then divided by the number of people in the class. Attorney fees are generally 33%-40% plus expenses

in a mass tort claim each person is represented individually. Their case is their case. A law firm can represent hundred even thousands of plaintiffs. A good firm can do this very efficiently because it’s basically the same case for each however they would be argued and negotiated separately based on the individuals damages. If some have sustained significant damages and others not so much you can have very different settlement potential. Cost are still typically the same 33%-40% plus expenses however their is the potential for higher expense total but also higher settlement figures.

Thanks for the insight.. so which one is this?

 

[NY700]

Thanks for the insight.. so which one is this?

Good question

this is a Mass Tort case. Currently there are about 250,000 plaintiffs. And yes unlike a class action each one is ha died on its own individual merits.
Clearly they can not bring 250K cases into the court room. You guys would all be dead before that got done. But what they will do it they will pick a handful of cases that represent the best possible out come and they will try those cases. This will set the bench mark for negotiations on the rest. Again each case handled on its own merits. They actually move quicker than you would think.

the government already sued and won against 3m for over 9million dollars based on misrepresentation and fraud. The money that will be paid out in individual damages to those effected as a whole will be way more than 9million ( not individual but total)

 

[candyx]

Any company supplying substandard products to the Military should stand Military Justice and a firing squad plain and simple, these cocksuckers should face justice.

 

[roostercogburn98]

So just clarifying here. Let’s just say the settlement is 9 million. If there are 250k recipients, each one would get 36 dollars. That’s BEFORE lawyers take their cut. What’s the average big firm lawyer cut on a case like this? That amount seems like a slap in the face to SMs that have serious issues from this BS.

 

[NY700]

So just clarifying here. Let’s just say the settlement is 9 million. If there are 250k recipients, each one would get 36 dollars. That’s BEFORE lawyers take their cut. What’s the average big firm lawyer cut on a case like this? That amount seems like a slap in the face to SMs that have serious issues from this BS.

No that is not correct. That is how a class action suit works. This is not a class action suit it is a mass tort claim.

the 9mil settlement was between the government and 3m basically for fraud

each individual presenting a claim will have an individual settlement based on their own personal injuries and damages. From that individual settlement the attorney will get his cut typically 33%-40% ( the range is often based on if it’s settled prey risk or if it goes to trial) (and again each person has an individual case)

 

[roostercogburn98]

No that is not correct. That is how a class action suit works. This is not a class action suit it is a mass tort claim.

the 9mil settlement was between the government and 3m basically for fraud

each individual presenting a claim will have an individual settlement based on their own personal injuries and damages. From that individual settlement the attorney will get his cut typically 33%-40% ( the range is often based on if it’s settled prey risk or if it goes to trial) (and again each person has an individual case)

That makes more sense, thanks. I was thinking 30-50% for legal fees, so I wasn’t far off I guess.

Next itch in my brain is this. How and who decides who’s injury is more severe? Is there a set standard or does it go off the word of a doctor/medical team? If that is the case, the best “writing” doc would inevitably get more payout for their patients correct?

 

[NY700]

A forum like this is not the best place to try to explain all of this and it can get really complicated.

to be transparent I am a paralegal in a personal injury law firm. However we are not handling any of these cases Sinai have no dog in this fight except for some friends who are former military and have sustained significant hearing loss.

the value of an individuals case is complicated and unique to them. What were the damages, how bad is it, is it permanent, what are the long term effects and consequences, what was the value of the medical bills, what medical procedures were used, what is the age of the person (being deaf sucks, being 25 years old and deaf is worse than being 65 and deaf, that’s more years of being deaf). There are a lot of factors.

if you are a service member or former service member who sustained damages it’s worth it to spend an hour and talk to an attorney and find out. Then decide if it’s worth your time.

 

[NY700]

That makes more sense, thanks. I was thinking 30-50% for legal fees, so I wasn’t far off I guess.

Next itch in my brain is this. How and who decides who’s injury is more severe? Is there a set standard or does it go off the word of a doctor/medical team? If that is the case, the best “writing” doc would inevitably get more payout for their patients correct?

Yes and no. Obviously when your talking about injuries a doctor is going to be the expert. Their medical records are basically the evidence that will be presented.

now a defense attorney can dispute the claims of a doctor and they would do so by having their own expert (doctor of the same field) review the medical records and make their recommendation and voice their professional opinion.

now over the years I have certainly seen good qualified doctors shit the bed on the stand. It does happen. Not often.

now this case or I should say these cases may be interesting because the vast majority of the plaintiffs would have likely all been evaluated through the same VA system. So the test the records and everything are likely to be very similar.

what are the damages worth and the difference again that gets complicated.

imagine a young kid, a promising musician all through high school with aspirations of going to college for music decided to Inlist for the GI bill. After his term was up he leaves the military but is now 30% deaf and has significant issues distinguishing pitch. That has a major implication over someone else potentially. Now all that would have to be proven but maybe that helps explain a little about how one guys case could be worth much more than another

 

[roostercogburn98]

A forum like this is not the best place to try to explain all of this and it can get really complicated.

to be transparent I am a paralegal in a personal injury law firm. However we are not handling any of these cases Sinai have no dog in this fight except for some friends who are former military and have sustained significant hearing loss.

the value of an individuals case is complicated and unique to them. What were the damages, how bad is it, is it permanent, what are the long term effects and consequences, what was the value of the medical bills, what medical procedures were used, what is the age of the person (being deaf sucks, being 25 years old and deaf is worse than being 65 and deaf, that’s more years of being deaf). There are a lot of factors.

if you are a service member or former service member who sustained damages it’s worth it to spend an hour and talk to an attorney and find out. Then decide if it’s worth your time.

Oh it’s not for me as far as signing up. I wore those plugs once, they fell out of my ears at some point in a large blast. I don’t think that is a fault in the design. Overpressure and lots of rattling around in tight spaces will do that. I just a curious soul and like to know how things work and who gets a higher precedence over who and why.

The truly sad reality is that most will get something, but it will never replace what they gave up.

 

[seanh]

What sucks is the guys that have the 214 to show will get something but the contractors won't get squat