In a products liability/personal injury case, in most but not all states, a separate claim for “loss of consortium” can be filed by spouses when someone is seriously injured due to the negligence or wrongful act of another. While it is unclear whether such a claim will be successful in this litigation, as we work towards filing the Short Form Complaints – we need to identify where these claims may exist. The theory behind a loss of consortium claim is that as a result of the defendant’s wrongful act, the injured party is not able to provide their spouse with the love, care, support, comfort, or sexual relations they provided them before the injury. A loss of consortium claim would not exist if the diagnosis of a hearing related injury precedes the date of marriage.

If you believe that your injuries sustained as a result of your use of the 3M/Aearo dual ended CAEv2 earplugs has caused your spouse an injury consistent with the filing of a loss of consortium claim, indicate by checking the box below and write your spouse’s full name, date of birth and the date you were married in the spaces indicated below. Please provide a response by February 10, 2019.

If you have any questions or concerns regarding the above please call the attorney assigned to your case.