5 Dangerous Products To Avoid

Obtaining Compensation for Defective or Harmful Products on the Market

Not all products that make it to consumers are safe. In fact, some are dangerous and defective, causing serious harm to those that purchase or use them. If you are injured by a hazardous product, you might be entitled to compensation through a product liability lawsuit.

At Bailey Cowan Heckaman, we represent people who have been seriously injured by dangerous or defective products. Our lawyers have secured millions of dollars in verdicts and settlements on behalf of injured parties nationwide. Let us help you get the compensation you deserve. Contact our office at (888) 367-7160 to schedule a free consultation. 

Avoid these 5 defective products that can potentially cause significant harm:

1. Onewheel Electric Skateboards

At BCH Law, we have successfully recovered compensation for individuals who have been injured or lost a loved one in Onewheel nosedive accidents. The Onewheel is a self-balancing electric transportation device that can reach speeds of up to 20 miles per hour. 

Despite its growing popularity, the device is suspected of containing a significant design defect that causes it to suddenly shut off and nosedive toward the ground. The force of the impact can violently throw a rider off the device resulting in serious harm. 

Our attorneys have filed wrongful death lawsuits on behalf of families who have lost loved ones while riding on a Onewheel. We continue to litigate product liability cases against the manufacturer, Future Motion, Inc.

2. GMO Products

Individuals who have suffered significant health problems related to the consumption of food with genetically-modified organisms (GMOs) may be entitled to compensation. Eating GMO products, such as Monsanto’s corn, has been linked with serious ailments, including tumors and severe allergic reactions. 

3. 3M Earplugs

It is alleged that the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) sold by 3M, contained a dangerous defect. It is believed that thousands of United States service members and veterans have sustained hearing loss, tinnitus, and other harm after relying on these earplugs during combat and training. BCH Law continues to investigate 3M Military Earplug cases. 

4. 3M Warming Blankets

After surgery, many patients are given warming blankets to help prevent hypothermia. The Bair Hugger Warming Blanket manufactured by 3M is believed to have caused deep-joint infections when used after orthopedic surgeries. The infections can result in life-threatening health problems and, in some cases, may require amputation. 

5. Cars Manufactured by GM

General Motors is one of the largest manufacturers of automobiles in the world. Unfortunately, not all of the vehicles that they produce are safe. It is believed that over 100 deaths can be linked to a faulty ignition switch in certain GM vehicles. The faulty ignition switch resulted in the recall of 39 million cars in 2014 alone. It is reported that employees knew of the defect for over a decade. 

Injured by a Dangerous or Defective Product?

Were you injured by a dangerous or defective product? Contact our office at (888) 367-7160 for a free consultation. Let us help you get the justice you deserve. There are no fees unless we win. Call now to get started.

Robert Cowan Featured on St. Louis TV Network for Leadership in 3M Lawsuits

BCH Attorney Robert Cowan Continues to Fight for Those Injured by 3M Ear Plugs

Attorney Robert Cowan of Bailey Cowan Heckaman PLLC was recently featured on St. Louis TV Network regarding the 3M military earplug litigation occurring across the country. Cowan was court-appointed to the Plaintiffs’ Steering Committee for the 3M earplug coordinated litigation by U.S. District Judge Catherine “Casey” Rodgers. He is helping to oversee hundreds of thousands of claims filed by service members nationwide.

Bailey Cowan Heckaman PLLC is honored to continue its fight on behalf of those that have sustained hearing loss or tinnitus after wearing 3M earplugs. Attorney Cowan, a partner with BCH Law, continues to provide invaluable service to those who have suffered injury or harm. Individuals who believe that they have a hearing-related injury after wearing Combat Arms Earplugs, Version 2 (CAEv2) manufactured by 3M are encouraged to contact our office at (888) 367-7160.

Attorney Cowan Featured on NBC 5 News

Attorney Cowan was recently featured on NBC 5 News as a source familiar with the 3M military earplugs lawsuits. As noted in the article, Cowan is a court-appointed attorney with Bailey Cowan Heckaman, who is overseeing litigation related to 3M earplug lawsuits nationwide. As of now, an astounding 290,000 active service members and veterans have filed claims against the earplug manufacturer, claiming that the product contained a dangerous defect.

Many service members allege that they suffered severe hearing loss, tinnitus, and other hearing-related issues after wearing the combat earplugs. According to complaints filed against the manufacturer, the earplugs were defectively designed. The design was too short, preventing a snug, protective fit in the ear canal. The earplugs subject to claims were used between 2003 and 2015 in combat or military training exercises. 

Multimillion-Dollar Settlements

Currently, 3M has paid millions to individuals who have taken their cases to trial. According to NBC News, the earplug manufacturer had paid out a total of $220 million to compensate victims for their losses. Attorneys with BCH Law filed a personal injury lawsuit on behalf of an Iraq War veteran who suffered hearing loss and tinnitus connected to the alleged defective design of the 3M combat earplugs.

Previously, the Minnesota-based company agreed to pay $9.1 million to resolve allegations that it “knowingly sold” defective earplugs to the United States military. The settlement resolved allegations that the manufacturer violated the False Claims Act by selling the defective product to the Defense Logistics Agency. 

Hiring a 3M Military Ear Plug Lawyer

Active duty service members and veterans who suffered hearing loss, tinnitus, or hearing-related issues after wearing 3M Combat Arms Earplugs, Version 2 (CAEv2) are encouraged to contact our office at (888) 367-7160. All consultations are free and without obligation to retain our services.

It is strongly recommended that individuals with potential cases act quickly as there is only a limited amount of time to file a claim for damages against 3M. If you sustained injury after wearing 3M military earplugs during combat or military training exercises between 2003 and 2015, you might be entitled to compensation. Call our office now to discuss your case with an experienced attorney.

BCH Client Wins $8.2 Million Verdict Over Defective 3M Combat Earplugs

BCH is pleased to announce that our firm and co-counsel Aylstock Witkin Kreis Overholtz of Pensacola, Florida, Quinn Emanuel Urquhart & Sullivan, and Ciresi Conlin, have secured an $8.2 million dollar jury verdict for a former service member who suffered tinnitus as a result of using defective earplugs manufactured by 3M Co. during his two deployments in Afghanistan.

The verdict, awarded by a federal jury in Florida on Friday, October 1, 2021, is the latest successful test trial in mass tort litigation over 3M’s CAEv2 earplugs. In April, 3M was ordered to pay over $7 million in damages to three veterans who suffered injuries as a result of the defective earplugs. In June, 3M was ordered to pay $1.7 million to another U.S. Army veteran.

BCH Army Vet Victory Could Set the Stage for Service Members, Veterans with Similar Claims

The latest ruling is a major victory for our client, and a promising sign for other veterans with similar injuries. More than 250,000 similar claims filed by current and former service members are pending in Pensacola, Florida federal court, in addition to hundreds in Minnesota state court, where 3M is headquartered.

BCH continues to fight for former and current service members who’ve suffered noise-induced hearing losstinnitus, and related injuries after using faulty 3M earplugs. If you would like to discuss a 3M military earplug lawsuit with an attorney, call us or contact us online. We serve clients nationwide and offer FREE consultations.

Federal Jury Orders 3M to Pay $7.1 Million to Veterans Over Defective Combat Earplugs

3M Co. has been found liable for hearing loss and related injuries suffered by three former service members who accused the company of covering up defects in its Combat earplugs.

On Friday, April 30, 2021, a federal jury in Florida decided that the company must pay more than $7 million in damages. Each plaintiff was awarded $2.1 million in punitive damages and $830,500 in compensatory damages for their medical expenses, lost earnings, and pain and suffering.

The verdict means 3M has lost the first test trial in the mass tort litigation over its Combat Arms Earplugs, Version 2 (CAEv2), which were used by the U.S. Military between 2003 and 2015.

Over 200,000 Similar Claims Still Pending

Friday’s verdict could set the stage for the more than 200,000 similar claims still pending in federal court, as well as hundreds of others filed in state court in Minnesota, where 3M is headquartered.

Two additional test trials, both concerning a single service member’s case, are expected to begin later in May. These “bellwether” trials are meant to test the strength of plaintiffs’ claims and gauge damages so parties can potentially negotiate a deal to resolve the other cases.

Bailey Cowan Heckaman PLLC represents service members who suffered hearing loss, tinnitus, and other injuries due to CAEv2 earplugs and has been closely tracking test trials in Florida. Our lawsuit against 3M and other claims brought by victims allege CAEv2 earplugs were too short to properly fit, were prone to coming loose, and that 3M failed to disclose defects that hampered their effectiveness.

As litigation moves forward and test trials provide promising signs that a global settlement may be on the horizon, BCH is reminding current and former service members who have suffered noise-induced hearing loss and tinnitus after using faulty 3M earplugs that they may be entitled to compensation. You can learn about your rights and 3M military earplug lawsuits by speaking with an attorney from our firm.

Our Texas trial lawyers are available to review your potential case to see if you have grounds to bring a claim. We proudly serve clients nationwide, offer FREE consultations, and collect no fee unless we win. For a FREE consultation, call or contact us online

Federal Judge Blocks Planned Defense in 3M Earplug Lawsuit

A federal judge in Florida has dealt a major blow to 3M by blocking its plans to invoke the government contractor defense in pending litigation over the company’s military-issued earplugs.

The ruling, delivered by U.S. District Court Judge M. Case Rodgers on Friday, July 24, 2020, held that 3M failed to establish the elements of the government contractor defense, which provides liability immunity to government contractors that are sued for injuries resulting from their work under a federal contract.

Although 3M argued that it designed its Combat Arms Earplugs, Version 2 (CAEv2) in close collaboration with the military, Judge Rodgers noted:

The decision is the first of substance to come out of the multi-district litigation (MDL) over 3M’s earplugs, which have become the target of thousands of lawsuits brought by veterans and service members who allege 3M knowingly manufactured faulty earplugs.

The lawsuits claim CAEv2 earplugs were too short to properly fit in a user’s ear and provide adequate protection, were prone to coming loose without users’ noticing, and that 3M failed to disclose defects which hampered their effectiveness.

Soldiers allege they suffered considerable losses and sometimes permanent hearing-related disabilities as a result, including:

In July of 2018, 3M agreed to pay $9.1 million to settle allegations that it violated the False Claims Act by knowingly supplying the U.S. government with defective earplugs. Though the government’s FCA case against 3M settled, thousands of lawsuits brought by victims are still pending.

Questions About 3M Earplug Claims? Call Us Today

Bailey Cowan Heckaman PLLC has been closely tracking litigation over 3M’s CAEv2 earplugs and is working with U.S. military veterans and current service members who suffered harm and losses as a result of using 3M earplugs in active duty combat and military training exercises.

With extensive experience litigating high-stakes product liability claims and MDLs, our team has the insight and resources required to help the brave men and women of our military seek justice and compensation for their losses.

If you have questions about 3M earplug lawsuits, contact us for a FREE consultation.

3M Earplugs: What Is Noise-Induced Hearing Loss?

Thousands of former service members across the nation have begun filing lawsuits againt 3M, the company they claim is responsible for personal injuries suffered as a result of using defective 3M CAEv2 earplugs during their time in the armed forces. As noted in filed claims, many of those injuries are related to noise-induced hearing loss.

As a profound and permanent injury, noise-induced hearing loss (NIHL) can impact lives in the most serious of ways. As some vets describe the condition, it can be a scourge on daily life, their relationships and ability to communicate, and their enjoyment of various activities.

If you or someone you love is currently struggling with noise-induced hearing loss stemming from military service and use of CAEv2 earplugs, Bailey Cowan Heckaman PLLC is available to discuss whether you might have a potential claim. We also want to provide those now exploring their options with information about NIHL, its relation to the military, and the rights of service members.

How Hearing Works: The Basics

Hearing is one of the most important senses we have, and how we experience sound is quite complex – beginning with sound waves that enter the outer ear, travel through the ear canal, and transmit vibrations to the middle ear which and the cochlea, where tiny hair cells trigger electrical signals in the auditory nerve. Those signals are interpreted by the brain as the sounds we know and understand.

The intricate workings of our ears aren’t impervious to damage; there are many things that can cause us to lose hearing, from certain types of medical conditions and medications to the simple process of aging. There is one cause of hearing loss that is preventable, however: Noise.

Harmful Noise Exposure

The sounds we experience can range widely depending on who we are, where we live and work, and what’s happening around us. For the most part, the sounds we hear on a daily basis are at safe levels which pose little if any risk to our hearing, such as the sound of our cars, the television, or another person talking. Some noises, however, can be loud enough to cause irreparable damage.

Measured in a unit called “decibels,” sound is considered safe when it is 75 decibels (dB) or less. Even after chronic exposure, sound from a humming refrigerator (45 dB) or your typical conversation (60 dB) are unlikely to cause any harm. However, sounds at 85 decibels or more can cause damage. That includes a lot of things, such as:

While there are many factors behind NIHL, the duration of exposure to harmful sound and your distance from its source can be important. The longer you’re exposed to dangerous noise levels, and the closer you are to where that noise comes from, the more likely you’ll experience at least some NIHL.

How Harmful Sounds Damage Hearing

Long and loud noises can damage the tiny hair cells (called sterocilia) in the cochlea, which are critical to creating the electrical signals our brain then interprets as recognizable sounds. When damaged, those hair cells eventually die, and unlike hair cells in other species, they do not grow back.

NIHL can generally arise in one of two ways:

Both forms of noise exposure can result in permanent hearing loss, and while some loud noises can cause temporary hearing loss which seems to go away on its own, experts suggest there is often residual long-term damage to hearing. Additionally, these harmful sounds can result in tinnitus, a condition characterized as the perception of ringing or buzzing in the ears, which is the brain’s attempt to transmit electrical signals from damages hair cells in the ear.

NIHL and the Military

The U.S. Centers for Disease Control & Prevention (CDC) lists workplace exposure as the most common origin of noise-induced hearing loss. People who work in construction, mining, and agriculture, for example, are often exposed to harmful noises as a part of performing their daily job duties. The same is undoubtedly true of those who serve in the military.

According to the VA, hearing loss is the number one reason vets file for disability compensation. The VA also employs the most audiolgists of any employer in the U.S. These stats highlight just how often vets are exposed to harmful noises in the course of their enlistment, and how loud and harmful those noises can be. Some examples include:

Just as employers take steps to protect their workers from harmful noises on the job, the U.S. military also has protocol for protecting military members’ hearing. Most essentially, that means hearing protection and the required use of standard-issue earplugs.

As we’ve noted in our lawsuit againt 3M, however, earplugs supplied to the U.S. military over recent years did not always work as intended, or as the military was led to believe – specifically the 3M combat earplugs. In a federal False Claims Act case filed against 3M, the U.S. Department of Justice alleged, among other claims, that:

The result of these alleged failures (over which 3M paid the federal government $9.1 million to settle) was that numerous military members had little to no hearing protection against the loud and very harmful noises to which they were exposed during their service, firearms training, tours of duty, and other military activities. In turn, many of those vets suffered irreparable hearing damage, and extensive losses throughout their post-service lives.

Seeking Compensation: 3M Military Earplug Lawsuits & Your Rights

Manufacturers of defective products can be held liable for designing, manufacturing, and marketing faulty products that cause consumers harm – especially when they knew, or should have known, about defects and potential risks, but did nothing to address them.

For military veterans struggling with the long-term effects of noise-induced hearing loss, the fight for justice and fair compensation is both one of principles (holding bad actors accountable) and real need (paying for damages, covering future expenses, and recovering compensation for pain and suffering). At Bailey Cowan Heckaman PLLC, our legal team is actively investigating and handling cases from vets who believe they are suffering noise-induced hearing loss and other conditions as a result of 3M earplugs.

Learn more about 3M military earplug lawsuits and your potential claim. Call or contact us online for a FREE consultation. BCH proudly serves vets and families across Texas and the United States.

BCH Files Suit Against 3M Over Faulty Combat Earplugs

Late last week, our legal team at Bailey Cowan Heckaman PLLC filed a personal injury lawsuit against 3M Company on behalf of a military veteran who claims his service-connected hearing loss and tinnitus were caused by the Minnesota manufacturer’s defective Dual-Ended Combat Arms Earplugs (or CAEv2).

The lawsuit, filed in federal court in the Southern District of Texas, details the history of 3M’s alleged and willful failures, including its $9+ million payment to settle allegations from the U.S. Justice Department that it knowingly failed to disclose defects, its testing of the faulty earplugs and misrepresentation of findings, and its failures to warn and ensure the safety of military service members.

Our firm’s client, like many other brave men and women who served in the U.S. armed forces between 2000 and 2015, was given 3M combat earplugs as standard-issue hearing protection. Unfortunately, the Army vet who served two separate tours in Iraq was unaware of the earplugs’ inherent defects and, as we allege in the complaint, was eventually diagnosed with noise-induced hearing loss and tinnitus that could and should have been prevented.

Read more about the lawsuit filing on this press release.

As a firm with a reputation for fighting on behalf of victims and families harmed by the acts of powerful corporations and product manufacturers, BCH is committed to helping our client and other similarly situated veterans obtain the justice and compensation they deserve.

Given the profound suffering of vets who used these faulty earplugs, and the severity of claims alleged in the suit – which include negligence, design defects, misrepresentation, and fraud and deceit, among others – our legal team is seeking damages for losses suffered by our client (i.e. past and future medical expenses, lost earning ability, and pain and suffering), and punitive damages, which are reserved for cases involving egregious wrongs and injustice.

Questions About 3M Earplug Lawsuits? Call Us Today!

If you or someone you love served in the U.S. military and suffered hearing loss, tinnitus, or other related injuries you believe may have been caused by 3M CAEv2 earplugs, our firm is standing by to answer your questions and discuss whether you may have a potential claim. Bailey Cowan Heckaman PLLC is reviewing 3M earplug lawsuit cases from potential clients across the United States, and offers free and confidential consultations.

Learn more about 3M earplug lawsuits, or speak personally with an award-winning injury lawyer by calling us or contacting us online.

Veterans Describe Life with Hearing Loss Amid Mounting 3M Earplug Suits

As we discussed in a recent blog post, numerous veterans and service members across the country have been filing federal civil lawsuits against 3M Company, the Minnesota-based conglomerate responsible for what plaintiffs claim were defective standard-issue military earplugs.

According to many of the veterans who have filed or are planning to file suit, 3M’s dual-ended CAEv2 earplugs were defectively designed and manufactured. Though 3M paid over $9 million to settle a False Claims Act whistleblower case in July of 2018 over the earplugs, 3M’s out-of-court settlement means the allegations brought by the DoJ were never actually proven in court.

That case – in which the Justice Department alleged 3M knowingly sold earplugs with dangerous design defects that hindered their effectiveness – has given rise to the onslaught of lawsuits being filed around the nation today, which must now prove the earplugs were defective and that 3M did in fact know of those defects, but failed to report them or fix the problem.

The plaintiffs behind those suits, a recent CBS News feature shows, are military members and veterans who’ve suffered a range of physical and emotional injuries – sometimes in devastatingly painful and life-altering ways.

Life with Hearing Loss, Tinnitus: “It’s Torture”

CBS’ article follows the stories of two U.S. Army vets who served for three and six years. As soldiers in the post-9/11 era, both relied on the standard-issue 3M Combat Arms Earplugs to provide much-needed hearing protecting during training exercises and time in active combat zones.

Both soldiers commented on how they were instructed to use the earplugs, purportedly the best available, to save their hearing from high-decibel sounds produced by machinery, firearms, and large-scale weaponry – all of which can cause permanent hearing impairment to unshielded ears. It was their “basic expectation” to rely on their equipment, they said.

Unfortunately, that wasn’t how it worked. The two vets, like many others, found out those earplugs didn’t do much to protect their hearing, leaving them with lasting injuries that hindered their ability to integrate into post-service life. Both vets filed claims, alleging 3M didn’t adequately warn them about the earplugs or how to wear them. Citing 3M’s settlement with the DOJ, they noted how 3M’s conduct:

“…wasn’t an omission. It was something missed. It was deliberately lying to gain money and hurting our service members.”

Both vets recalled how the earplugs seemed like they may have worked for some soldiers, presumably ones with larger ear canals, but failed miserably for others. Being “too short” to be inserted properly and prone to becoming loose without a user’s knowledge, as the DoJ alleged, the earplugs could be inserted into some ears and provide almost no protection. Soldiers who heard everything with their unprotected ears had so many things to worry about when using them, such as their own safety and the safety of their fellow soldiers, that they simply went on with their tasks and missions.

While their hearing may have understandably been low on the totem pole while in combat, the effects of the partial hearing loss and tinnitus, described as chronic ringing or hissing in the ears that can worsen when background noises cease, are tremendous. As one puts it:

"What is quiet? What's peace? I know for me personally, I don't have it. All I hear is ringing when there's no noise around me. If I don’t have noise around me, it's maddening. It’s torture."

According to the VA, tinnitus is one of the most common disabilities among veterans, with nearly 3 million former military members receiving benefits for it. Being exposed to extreme levels of sound, soldiers face significant risks of suffering permanent hearing. While the two vets profiled by CBS, along with many others like them, are seeking recompense for their damages and suffering, no amount of money will bring back their hearing or silence their tinnitus. What these vets want most is to ensure that justice is served, and to send a clear message to 3M and other product makers to do right by those who use their products..

If you have questions about a potential 3M earplug lawsuit, the legal team at Bailey Cowan Heckaman PLLC is actively reviewing cases from veterans, service members, and families across the U.S. Call or contact us online to request a free consultation.