Family Files Negligence, Fraud Lawsuit Against Apple Over Son’s Permanent Ear Damage

Bria Burk

PMR Law attorneys seek damages for claim of defective AirPods

KENS5 Houston (English)

Telemundo 60 San Antonio (Spanish)

 

SAN FRANCISCO – The parents of a San Antonio, Texas, boy are suing tech giant Apple and its partner companies for damages caused when the volume in their son’s Apple AirPods increased without warning during an Amber Alert and caused permanent hearing loss.  

Click here for video interviews in Spanish and English with the parents and PMR Law attorney Tej Paranjpe. 

According to the lawsuit, the boy was watching Netflix on his iPhone while wearing an AirPod in his right ear at a low volume. An Amber Alert notification unexpectedly produced ear-shattering sound levels, causing significant injuries and permanent hearing loss. Since the incident, the boy has suffered from nausea, dizziness, vertigo and tinnitus. He will have to wear a hearing aid for the rest of his life, according to the lawsuit.  

“This boy’s life has been severely altered because Apple did not provide a warning about the volume levels of its AirPods, leading to his permanent hearing loss,” said PMR Law attorney and co-founder Tej Paranjpe. “Had Apple designed the AirPods to self-adjust to safe levels or provided warnings about the volume increases associated with alerts, this boy would be living a normal life.”   

The parents are suing Apple, Luxshare-ICT, Inc. and Luxshare Precision Industry Co. LTD for negligence and fraud for failing to properly design and test the devices, failing to warn users that the earbuds are prone to rapid and unexpected increases in ear volume, and failing to properly manufacture the AirPods.  

The family is seeking damages for the boy’s physical harm, pain and suffering, disability, mental anguish, emotional trauma, and future medical expenses as well as punitive damages against Apple. 

“We hope this lawsuit will lead to positive changes for consumers wearing the Apple AirPods,” says PMR Law attorney Robert Horn. “If we can prevent this from happening to another family, then that is a step in the right direction.” 

Attorneys with California-based Callahan & Blaine are working with PMR Law as local counsel.  

The case is Carlos Gordoa, an individual; Ariani Reyes, an individual; and B.G., a minor v. Apple Inc., a California corporation; Luxshare-ICT, Inc., a California corporation; and Luxshare Precision Industry Co., LTD., a Chinese corporation, Case 3:22-cv- 02900 in the U.S. District Court of the Northern District of California. 

Paranjpe Mahadass Ruemke LLP or PMR Law is driven by compassion and focused on results. The firm has helped thousands of clients receive the compensation they deserve in personal injury litigation and business disputes. PMR Law’s priority is to provide personalized attention, professionalism, and tireless representation. Visit: www.pmrlaw.com.  

 

Parents’ Interview Translation 

Ariani Reyes (mother) Clip 1: And aside from not feeling good, he felt dizzy, he had a constant ringing in his ear and the ringing was bothering him.   

Ariani Reyes (mother) Clip 2: The following day he couldn’t get up from the bed because he had too much vertigo and I got really scared. I took him to his pediatrician to look at him and the pediatrician said we had to let it pass. To give it time to pass. I don’t know if it was a week or 15 days, but it never left, he stayed in bed with vertigo, he would get up and fall. He was dizzy. He wasn’t well with that ringing in his ear.

Carlos Gordoa (father) Clip 1: I was furious because you don’t think your kid would have this kind of problem. It’s really difficult.

Carlos Gordoa (father) Clip 2: He was telling me Dad; it hurts a lot. I thought it may be a ringing from something we pass through like being in a public place like a concert. It’s ringing that will go away and so I thought it would pass, and so I said that it will pass, don’t worry. 

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