If you are suffering from a case of Tinnitus or hearing loss, you may be able to take your case to court. The average payout for these cases is $1 billion, but the settlement value will depend on the medical expenses and damages you have sustained. These can include permanent disabilities, a loss of future earnings, and even pain and suffering.
Average payout depends on damages sustained by the victims
In the 3M earplug litigation, according to an official 3M earplug lawsuit update, the average payout is likely to be on the low side, but the jury awarded three veterans $7.1 million. This amount is probably small potatoes compared to the hundreds of thousands of claims currently pending in a number of US courts. It is also an indication that the company is still fighting its corner in the war on earplugs.
However, this is not to say that there will not be more lawsuits filed in the future. As of this writing, there are over 3,000 3M earplug lawsuits pending in the Northern District of Florida. Many of these cases are being consolidated into a multi-district litigation (MDL). This means that they will be heard in a single federal court, and the claim-filing process is streamlined for lawyers and plaintiffs alike.
Settlement value should be $1 billion
If you are a military veteran suffering from tinnitus after using 3M earplugs, you may wonder if you qualify for a lawsuit. The Department of Veterans Affairs has alleged that the company knowingly dispensed earplugs to the military.
Aaro Technologies, a subsidiary of 3M, produced Combat Arms Earplugs, which were issued to troops from 2003 to 2015. These earplugs have been found to be defective. In fact, the US Department of Veterans Affairs alleges that the devices were a dangerous hazard.
Attorneys representing veterans are attempting to block 3M’s plan to file for bankruptcy. They say that a bankrupt company should not be able to wipe out litigation records. Thousands of US military members have filed claims over earplugs, which are considered defective by the Department of Veterans Affairs.
Average payout depends on medical
The average payout in 3M earplug lawsuits will not be as high as many think. It may be less than $2 million for each plaintiff. That is because the average payout is based on damages sustained by the victims. Regardless of how much the plaintiff has to pay, the jury will be required to prove that they suffered a hearing injury.
What’s more, a number of cases involve claims of tinnitus. This is because one single exposure to extreme noise can cause permanent tinnitus. There are also other types of damages, including lost income and pain and suffering.
One of the most common types of claims made against 3M is that their earplugs were defective and caused hearing loss. In fact, the company has been trying to settle these cases for a while. However, the number of cases filed against it in the federal court system is staggering. And the company has spent $450 million in attorneys’ fees so far.
Cases haven’t been smooth sailing
The 3M earplug lawsuit has not been a smooth ride. Thousands of cases have been dismissed due to a lack of documentation. Plaintiffs have failed to meet evidentiary burdens under Texas law.
Several bellwether trials have been held so far. Each has been two weeks long and has only involved one plaintiff. However, these trials have helped to draw attention to the litigation.
In one recent case, the jury awarded $50 million to Luke Vilsmeyer. He claimed he had hearing loss after using the earplugs. This verdict exceeded the cap for Colorado damages. Nevertheless, the jury found that the plaintiff proved all of his claims.
Another bellwether trial, the Wilkerson trial, will begin today. A jury is expected to issue a verdict on Monday. It is likely to be in the range of $80 million.