On 9 August, the Federal Court issued an agenda, involving the 3M Company’s Combat Arms Earplugs, for the upcoming “Science Day” event. The Science Day convenes on August 26th, at which both parties are allowed to educate the court on the scientific and legal issues central to their case. Each side will have approximately 15 minutes, for each aspect, and may present up to three speakers to address scientific aspects of the litigation, including:
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Sound properties and measurement.
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How sound is perceived by the human ear.
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The science of hearing loss.
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Hearing examination protocols, including methods for causal attribution of hearing loss.
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Hearing protection devices generally and their evolution.
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Considerations regarding selection of hearing protection devices.
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Standards and procedures for testing hearing protection devices.
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Any unique testing protocols that were required for the 3M Combat Arms Earplugs.
The complaint against 3M originates from the Army’s 1999 request to the manufacturer for shortening the earplugs so they could fit in a standard-issue military carrying case. Over 800 lawsuits are pending in U.S. courts against 3M as of June 5, 2019. Plaintiffs involved in this case claim that from 2003 to 2015, 3M provided defective CAEv2 earplugs. Lawsuits filed have common allegations that the manufacturer provided faulty earplugs to the U.S. military, which caused hearing loss and tinnitus to American soldiers both in the U.S. and abroad.
As per the plaintiffs, the company was aware of the device's inefficiency in protecting the military personnel from tinnitus and hearing loss resulting from the battlefield. The U.S. Judicial Panel on Multidistrict Litigation (JPML) has decided to centralize claims for pretrial proceedings in the Northern District of Florida.
U.S. District Judge M. Casey Rodgers is presiding over all injury lawsuits filed under MDL No. 2885 (In Re: 3M Combat Arms Earplug Litigation) in the Northern District of Florida against Minnesota-based 3M.
