3M Loses First Trial in Defective Ear Plugs Case

3M lost the first lawsuit to go to trial in the class action lawsuit against them concerning defective ear plugs. The trial was held in Pensacola, FL and the jury awarded a combined verdict of nearly $7 million to three Army veterans. The veterans had suffered noise induced hearing loss after using the 3M Combat Arms Earplugs Version 2 (CAEv2).

3M Combat Arms Earplugs Version 2 (CAEv2) were sold to the military from 2003-2015.  The use of the defective earplugs have led to hearing loss and ringing in the ears.

This case was the first “bellwether” case filed in the 3M defective ear plugs matter.  A bellwether trial is meant to test the strength of the evidence and gauge damages so that the parties could potentially shape a deal to resolve the other cases. These cases could potentially be made into Multi-District Litigation (MDL). The next bellwether trial concerning the ear plugs begins May 17, 2021.

COVID-19 Statement

Gallon, Takacs & Boissoneault is Open to Continue to Serve Clients’ Needs

Gallon, Takacs & Boissoneault is open to serve our existing clients as well as to help new clients. We are available by phone, email, and video conferencing. You are also able to digitally sign your paperwork without ever leaving home. Our methods of communication with you may be different, but our commitment to you is the same. We are here for you during the COVID-19 crisis today and every day.

Clients are also welcome to come to our office for appointments. Masks and gloves will be available and we are following all the guidelines of the local and state health departments.

For our Existing Clients

We are here for you and working hard to continue to provide high quality legal services.  Of course, we will continue our work on your case, monitor court proceedings, and keep you updated on all developments. If any currently scheduled matters are postponed or canceled, we will let you know. Our expanded technology will aid us in continuing to serve you safely and effectively. If you have any questions, please contact us. We are here to help.

For New Clients

We know that life doesn’t stop for a pandemic and we are ready to help. Whether you are injured in a car or truck accident, suffer an injury at work, or need assistance with a Social Security Disability claim we are here for you. We are continuing to accept new clients and our expanded technology will aid us in being able to quickly accept your case while keeping you and our staff safe. Please contact us through our website, by phone or live chat.  Our staff is standing by.

Initial Consultation is Free

Our initial consultation has always been free. There is no need to walk into the office. We have the necessary technology to safely and effectively investigate your potential case, process important forms, and get your e-signature without you having to leave your home.

We Are Available by Phone

We are always just a phone call away. Please call us at 419-843-2001 with your questions. If you need help during non-business hours, please leave a voicemail and we will call you back as soon as we can.  You are also welcome to access our Online Chat which is available 24/7.

Online Chat

We have an online live-chat option which you can access any time on our homepage.  Someone from our team is available 24/7 to intake your information. The chat will not create a client-lawyer relationship; however, it does allow for a convenient way to ask questions and to get information to our attorneys.

Video Conferencing

We can meet with you through a video conference using your smartphone, tablet, or home computer. We can use Zoom meetings, FaceTime, Skype or Facebook video chat. If you’re unfamiliar with how to video conference, we will guide you through the process.

E-Signature Convenience

Documents that need to be signed to complete the intake process can be conducted electronically. We provide a safe, secure, and convenient way of signing documents from wherever you may be with your computer or electronic device without the need to print, scan, or fax documents back to our office.

Our Commitment to You

Our priority is the health, welfare, and safety of our staff, clients, and prospective clients. We are adhering to all the recommendations of the state and local health departments. The staff and attorneys are here to help you. Please contact us with any questions.


Is Zantac (Ranitidine) Safe?

Is Zantac (Ranitidine) Safe?As of February 27, 2020, the FDA continues to alert healthcare professionals and patients alike about the recall of Zantac, generic name Ranitidine. If you or a loved one have recently taken Zantac, this announcement may be cause for concern. In particular, you may wonder if it is safe to continue taking Zantac or even whether previous doses could endanger you now.

What Has the FDA Released So Far?

In September 2019, FDA testing revealed that Zantac contained low levels of a chemical known as N-nitrosodimethylamine (NDMA). NDMA is considered an environmental contaminant potentially present in soil air or water, meaning that it may be present in some foods or medicines. NDMA is considered a probable carcinogen and may cause cancer.

While NDMA’s classification as a probable carcinogen stems from animal studies, the FDA released that above a certain threshold, the NDMA found in drugs containing Ranitidine – including Zantac – has the potential to cause cancer in humans. Therefore, the FDA has instructed companies to recall Ranitidine drugs if NDMA exceeds 96 mg in the recommended daily dosage of the drug. To date, multiple companies, including Zantac parent company Sanofi, have recalled Ranitidine products.

What Are the Potential Problems?

Zantac and other Ranitidine containing drugs were created to prevent acid reflux issues like gastroesophageal reflux disease (GERD) and chronic heartburn. While some formulations of the drug are available over the counter, other stronger formulations are available by prescription only and are meant to treat more severe cases of acid reflux. The drug works as a histamine (H2) blocker, meant to prevent the stomach from releasing too much acid.

Unfortunately, studies have shown that excessive amounts of NDMA in the system may lead to colorectal and other cancers. While the FDA has instructed individual companies to perform their own testing, independent research has concluded that the actual amount of NDMA in Zantac may grossly exceed FDA limits. If this is the case, Zantac use may have led to instances of cancer.

What Should You Do?

The FDA is not currently instructing patients to stop taking Zantac. However, since other H2 inhibitors have not been found to include NDMA, the FDA advises patients to speak with a physician about making a switch. In the meantime, the FDA will continue to provide regular updates regarding its test results.

If you or a loved one developed cancer after taking Zantac, speak with a reputable attorney regarding the potential for an individual or class action lawsuit. Depending on your case, you may be able to receive compensation for your injuries.

The attorneys at Gallon, Takacs & Boissoneault Co., L.P.A are accomplished in harmful drug cases and can assist you in pursuing any necessary legal action – call us at (419) 843-6663 or complete our online contact form for more information or a free consultation.

Defective 3M Earplugs Leading to Mass Tort Claims among Service Members

Defective 3M ear plugsHundreds of U.S. veterans are suing 3M, one of the government’s largest contractors, over negligently constructed earplugs, arguing they caused permanent hearing damage. Allegedly, the earplugs did not maintain a tight seal, which allowed damaging sounds to go through the plugs, resulting in hearing loss and tinnitus among military service members returning home from duty between the years of 2003 and 2015.

Over 100 lawsuits have been filed in the United States District Court for the Western District of Texas, beginning a mass tort action that could lead to the Minnesota-based company, 3M, to pay millions in damages arising from the negligent construction of the earplugs.

3M Earplug Lawsuit: A Matter of Product Liability

The mass tort action against 3M falls under the realm of product liability. Under these laws, which vary from state to state, a manufacturer has a duty to use reasonable care in the design, manufacture, and distribution of a product. They are also required to provide adequate instructions for use, including applicable warnings and risks inherent in use. For example, under Ohio Revised Code 2307.71(14), a person may file a product liability claim if the product did not conform to the representation of the character, quality, or safety of the product as advertised.

In the case of 3M, the lawsuits allege the company represented the earplugs as filtering out damaging sounds while still allowing service members to hear commands and communicate with other soldiers, though they did not effectively filter out noise. Court documents revealed that 3M employees knew the units were defective as early as the year 2000. Still, the company continued to sell them as late as 2015, affecting the hearing of hundreds of combat veterans.

The lawsuit additionally alleges that testing completed by 3M found that they were defective, but the company falsified certification documents, stating that the plugs were in accordance with military standards.

Though 3M stopped making the earplugs in 2015, it entered a contract with the U.S. government in 2006, supplying 15,000 earplug packages (of 50 earplugs each) to the government annually. The defective earplugs were never recalled; active service members could still be using them today.

Anyone who served in the U.S. military between 2003 and 2015 and experienced hearing loss or balance issues may be able to join the 3M earplug lawsuit. Head attorneys on the case estimate that the hundreds of cases so far are only the tip of the iceberg. If you meet these criteria, contact our office now at 419-843-6663 or schedule a consultation online to discuss your case our experienced MDL and Personal Injury attorneys.

HIV Drug Litigation

Tenofovir DisoproxilMore than one million Americans currently live with HIV, and government estimates report that as many as 39,000 new infections occurred in 2017 alone. Since 2012, the rate of new infections has remained relatively constant in the United States, meaning the number of people living with HIV in the U.S. is steadily growing.

It is possible to transmit HIV through sexual contact or blood transfusion, and anyone diagnosed with HIV needs to know what to expect when it comes to treating and living with the condition. They should also know what to do if they have taken any of the dangerous HIV drugs released by Gilead Sciences and know their options for legal recourse.

Dangerous HIV Drug Leads to Litigation

Recently, 41 plaintiffs from various states filed suit in the Los Angeles County Superior Court against Gilead Sciences, the company responsible for the development and manufacture of the HIV drug Tenofovir Disoproxil (TDF). This antiviral drug commonly appears under the brand names Vemlidy and Viread, and the lawsuit alleges that Gilead Sciences was negligent in the production and sale of these substances.

The new lawsuit alleges that Gilead was aware of the highly toxic nature of TXF, specifically that the drug could cause irreversible damage to patients’ bones and kidneys. The lawsuit also alleges Gilead intentionally withheld a safer version of TDF, tenofovir alafenamide, also called TAF. This withholding occurred simply due to the fact that TDF is cheaper to produce and more profitable than TAF.

The Complaints against Gilead Sciences

This lawsuit has yet to be filed in a Federal District Court, but it is very likely to happen in the near future. The core of the suit is the fact that Gilead knew about the toxic nature of TDF yet released it anyway and prioritized its development over a safer alternative in pursuit of higher profits.

Viread and Vemlidy, the brand names of TDF, qualify as nucleoside analogs, substances which the Food and Drug Administration (FDA) have identified as capable of causing lactic acidosis and severe hepatomegaly with steatosis, and these effects have directly caused fatalities. Gilead Sciences essentially sold dangerous HIV drugs to ensure profitability when a safer but less lucrative alternative was easily available for release.

The primary complaint against Gilead Sciences includes plaintiffs from Alabama, Arkansas, California, Iowa, Maryland, Michigan, New Mexico, New York, Ohio, Pennsylvania, and Virginia.

If you or a loved one has taken Viread, Vemlidy, or TDF under any other name, you may be entitled to compensation if the drug had any adverse effects on your health. The attorneys at Gallon, Takacs, and Boissoneault Co., L.P.A. can help you determine your eligibility to join a class-action lawsuit already in progress or assess your individual legal rights to compensation. Contact us today to schedule a consultation and learn more about our potential recovery after suffering adverse effects from dangerous HIV drugs.