Products Liability Law Reporter

Jonathon Vaughn served in the U.S. Army from 2006 to 2010, including a deployment to Iraq. During this period, he worked as a truck driver and used 3M Co.’s dual-sided Combat Arms Earplugs version 2 (CAEv2) because he was subjected to loud noises from weapons. Vaughn, now 41, was diagnosed as having hearing loss and tinnitus, and he has used a hearing aid for the last ten years.

He sued 3M Co., alleging strict liability design defect and failure to warn, fraud, negligence per se, and fraudulent concealment. The plaintiff asserted that the noise reduction on the CAEv2 is 11, not 22 as the defendant allegedly claimed. Suit did not claim lost income or medical expenses.

The jury awarded $2.2 million.

Citation: In re: 3M Combat Arms Earplug Prods. Liab. Litig., 7:20cv134 (N.D. Ga. Apr. 29, 2022).

Plaintiff counsel: AAJ members Bryan Aylstock, Jennifer Hoekstra, and Mike Burns, all of Pensacola, Fla.; AAJ member Andre Mura, Oakland, Calif.; AAJ member Bradley Honnold, Overland Park, Kan.; AAJ member Douglas Monsour and Katy Krottinger, both of Longview, Texas; AAJ member Evan Buxner, Edwardsville, Ill.; AAJ member Matthew Hosen, Seattle; AAJ member Lindsey Scarcello, Kansas City, Mo.; and John Quinn and Adam Wolfson, both of Los Angeles.