A veteran who was awarded $50 million in compensatory damages over 3M’s allegedly defective earplugs urged the Eleventh Circuit on Friday not to overturn his verdict. Veteran Luke Vilsmeyer told the panel that 3M is “grasping at straws” in its arguments that he failed to prove that the combat earplug caused his hearing damage and that the U.S. Army was responsible for his injuries by failing to fit and train him on their use.
Vilsmeyer’s counsel, Bryan Aylstock of Aylstock Witkin Kreis & Overholtz PLLC and Christopher Seeger of Seeger Weiss LLP, said in a statement that the earplug was never designed for the military and was always intended to be sold on the commercial market, until 3M decided to take advantage of the military’s market.
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