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Torts
Failure to Warn
Hearing Loss

In Re: Bluetooth Headset Products Liability Litigation

Published: Sep. 8, 2012 | Result Date: Aug. 14, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:07-ml-01822-DSF-E Settlement –  $330,000

Court

USDC Central


Attorneys

Plaintiff

David M. Medby
(Garcia & Artigliere)

Scott W. Henry

Scott J. Vold

Daniel L. Warshaw
(Pearson Warshaw LLP)

John R. Mercy

Bruce L. Simon
(Pearson, Simon & Warshaw LLP)

Melissa M. Harnett

Steven A. Hart

David B. Casselman
(Casselman Law Group)

Stephen M. Garcia
(Garcia & Artigliere)

James A. Holmes

James B. McHugh


Defendant

Trenton H. Norris
(Hogan Lovells)

Terrence J. Dee

Mark T. Cramer
(Buchalter APC)

Rebecca J. Wahlquist
(Kelley, Drye & Warren LLP)

Angel A. Garganta
(Venable LLP)

David A. Senior

Ann-Kathryn R. Tria


Facts

Plaintiffs filed more than 26 putative class action lawsuits alleging that Bluetooth headsets can cause hearing loss and that Bluetooth failed to publicize this information. The plaintiffs claimed they would not have purchased the devices if they had known that using them for more than a few minutes each could day could expose them to the risk of noise induced hearing loss.

Result

The parties settled. Bluetooth agreed to post warnings on their websites and in product manuals, pay $100,000 to be divided among non-profits addressing hearing loss prevention issues, and pay attorneys' fees not in excess of $800,000. The attorneys' fee figure was later lowered to $230,000.


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