The plaintiffs suffering from hearing loss allegedly caused due to 3M military earplugs filed a motion asking the U.S. District Judge Casey Rodgers to compel the manufacturer to turn over production samples for testing.
According to a motion filed on 5 December, plaintiffs are seeking to force the manufacturer hand over the now-discontinued, dual-ended Combat Arms Earplugs Version 2 (CAEv2), along with original product packaging and instructions, so the experts can examine and test the product during proceedings.
The motion states that there are at least 10,000 units in storage, which could serve as exemplars for the litigation. It further states that the exemplars are considered an integral part, and there is no substitute for them as they may reveal information that testimony may not, which is why plaintiffs are allowed to a testimonial, document, and tangible discovery.
Claiming that the efficacy, characteristics, labeling, and instructions for the use of 3M’s Combat Arms earplugs plays an important role in the case, the motion is filed to compel the production of four boxes of fifty earplug sets.
