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3M May Point Finger at U.S. Military in Test Earplug Case

Feb. 11, 2021, 5:13 PM

3M Co. may defend itself at an upcoming test trial from a former service member’s claims that its combat earplugs caused his hearing loss by arguing the U.S. government bears at least some responsibility for the alleged injury, a federal court in Florida ruled.

But the company can’t cite the U.S. military’s failure to conduct an annual audiogram for Luke Estes in 2014 because that defense would require expert medical testimony on the issue, which it hasn’t offered, Judge M. Casey Rodgers said Wednesday for the U.S. District Court for the Northern District of Florida.

The government’s role is central ...

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