EXHIBIT 4

Case 7:20-cv-02945-MCR-HTC Document 16-4 Filed 07/19/22 Page 1 of 5
Richard S. Tyler, Ph.D.

Golkow Litigation Services Page 1

 1 UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF FLORIDA

 2 PENSACOLA DIVISION

 3

 4 IN RE: 3M COMBAT ARMS )

EARPLUG PRODUCTS )

 5 LIABILITY LITIGATION )

 )

 6 This Document Relates to: ) Case No.

Shanika Roper ) 3:19-md-2885-MCR-GRJ

 7 )

 Plaintiff ) Judge M. Casey Rodgers

 8 ) Magistrate Judge Gary R.

Case No. ) Jones

 9 7:20-cv-02945-MCR-GRJ )

 )

10 --------------------------)

11

12

13 THE VIDEO TELECONFERENCE DEPOSITION OF

14 RICHARD S. TYLER, Ph.D., taken before Kristi L.

15 Miller, Certified Shorthand Reporter and Notary

16 Public, commencing at 9:00 a.m., C.S.T., July 1,

17 2022, with all parties appearing remotely.

18

19

20

21

22 Reported by: Kristi L. Miller, C.S.R.

23

24 GOLKOW LITIGATION SERVICES

 877.370.3377 ph | 917.591.5672 fax

25 Deps@golkow.com

Case 7:20-cv-02945-MCR-HTC Document 16-4 Filed 07/19/22 Page 2 of 5
Richard S. Tyler, Ph.D.

Golkow Litigation Services Page 90

 1 MR. BAUER: Thank you.

 2 Q. Doctor Tyler, when did the plaintiff

 3 start using Combat Arms Earplugs during her

 4 service?

 5 A. I don't recall. I'd have to go back

 6 and look at the record.

 7 Q. Would it be fair to say that it was

 8 prior to her deployment to Iraq in 2003?

 9 A. I don't recall. I'd have to go back

10 and look.

11 Q. Okay. Do you recall seeing an

12 audiogram from 2005 that reflected that she

13 reported using hand-formed earplugs at that

14 time?

15 MR. BAUER: Objection, form. If

16 you're going to ask about a document, please

17 show it.

18 A. Yeah, can you show it to me, please?

19 Q. I'll pull it up when we go to break

20 here. I'll ask a couple more questions first,

21 though.

22 Are you offering an opinion

23 today that safer alternative earplug designs

24 were available which would have reduced or

25 eliminated the plaintiff's risk of

Case 7:20-cv-02945-MCR-HTC Document 16-4 Filed 07/19/22 Page 3 of 5
Richard S. Tyler, Ph.D.

Golkow Litigation Services Page 91

 1 noise-induced tinnitus and hyperacusis in the

 2 military?

 3 A. Absolutely. I don't think that's in

 4 question.

 5 Q. Is it your opinion that -- well, let

 6 me take a step back.

 7 What safer alternative designs

 8 are you referring to?

 9 A. Well, there's a wide variety of other

10 hearing protection devices that were and are

11 currently available that have not been

12 acknowledged to have any deficits to them, so I

13 think there's several different devices that

14 she could have used.

15 Q. Is it your opinion that because a

16 hearing protection device has not been

17 acknowledged to have a problem that it does not

18 have a problem?

19 A. Well, I think that any manufacturer of

20 a hearing protection device would want to

21 monitor that very carefully, especially as an

22 example of what's happened in these 3M cases in

23 the last year, is that I'm sure that every

24 other company from now on in is going to be

25 very careful to make sure that there's no

Case 7:20-cv-02945-MCR-HTC Document 16-4 Filed 07/19/22 Page 4 of 5
Richard S. Tyler, Ph.D.

Golkow Litigation Services Page 135

 1 C E R T I F I C A T E

 2

 3 I, the undersigned, shorthand reporter,

 a Notary Public, do hereby certify that I acted

 4 as the shorthand reporter in the foregoing matter

 at the time and place indicated herein; that I

 5 took in shorthand the proceedings had at said

 time and place; that said shorthand notes were

 6 reduced to print under my supervision and

 direction by means of computer-aided transcription,

 7 and that the foregoing pages are a full and

 correct transcript of the shorthand notes so

 8 taken; that said deposition was submitted to

 the witness for signature, if requested to do

 9 so by a party or the witness; that any changes

 if any, requested by the witness are attached

10 hereto.

11

 I further certify that I am neither

12 attorney nor counsel for, or related to or

 employed by any of the parties in the foregoing

13 matter, and further that I am not a relative or

 employee of any attorney or counsel employed by

14 the parties hereto, or financially interested

 in the action.

15

16

17

18

 ____________________________

19 NOTARY PUBLIC

20

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22

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Case 7:20-cv-02945-MCR-HTC Document 16-4 Filed 07/19/22 Page 5 of 5