EXHIBIT 1 EXHIBIT 1 

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 1 of 21
James Ingles 

1 UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

2 PENSACOLA DIVISION 

3 Case No. 3:19-md-2885-MCR-GRJ 

Judge M. Casey Rodgers 

4 Magistrate Judge Gary R. Jones 

5 

IN RE: 3M COMBAT ARMS 

6 EARPLUG PRODUCTS LIABILITY 

LITIGATION 

7 

This Document Relates to: 

8 James Ingles 

9 Case No. 7:20cv52539-MCR-GRJ 

10 

WITNESS: JAMES INGLES 

11 

12 The remote videotaped deposition of 

13 James Ingles was taken before Janine N. Leroux, 

14 Stenographic Court Reporter and Notary Public 

15 on Monday, February 28, 2022, commencing at the 

16 approximate hour of 9:00 a.m. EST. Said 

17 deposition was taken pursuant to Notice and 

18 pursuant to Federal Rules of Civil Procedure 30 

19 and MDL 2885 Pretrial Order No. 35. 

20 

21 

22 

23 

24 

25 

Golkow Litigation Services Page 1 

James Ingles

Golkow Litigation Services Page 1

 1 UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF FLORIDA

 2 PENSACOLA DIVISION

 3 Case No. 3:19-md-2885-MCR-GRJ

 Judge M. Casey Rodgers

 4 Magistrate Judge Gary R. Jones

 5

 IN RE: 3M COMBAT ARMS

 6 EARPLUG PRODUCTS LIABILITY

 LITIGATION

 7

 This Document Relates to:

 8 James Ingles

 9 Case No. 7:20cv52539-MCR-GRJ

____________________________________________________

10

 WITNESS: JAMES INGLES

11 ____________________________________________________

12 The remote videotaped deposition of

13 James Ingles was taken before Janine N. Leroux,

14 Stenographic Court Reporter and Notary Public

15 on Monday, February 28, 2022, commencing at the

16 approximate hour of 9:00 a.m. EST. Said

17 deposition was taken pursuant to Notice and

18 pursuant to Federal Rules of Civil Procedure 30

19 and MDL 2885 Pretrial Order No. 35.

20

21

22

23

24

25

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 2 of 21
James Ingles 

1 APPEARANCES: 

2 

MICHELE VERCOSKI, ESQUIRE 

3 McCUNE WRIGHT AREVALO, LLP 

18565 Jamboree Road, Suite 550 

4 Irvine, California 92612 

mmv@mccunewright.com 

5 

APPEARING ON BEHALF OF THE PLAINTIFF 

6 

7 ALYSSA CLARK, ESQUIRE 

CHRISTOPHER BURRICHTER, ESQUIRE 

8 DECHERT LLP 

Three Bryant Park 

9 1095 Avenue of the Americas 

New York, New York 10036-6797 

10 alyssa.clark@dechert.com 

christopher.burrichter@dechert.com 

11 APPEARING REMOTELY ON BEHALF OF THE DEFENDANTS 

12 

13 ALSO APPEARING REMOTELY: 

14 DANNY ORTEGA, VIDEOGRAPHER 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Golkow Litigation Services Page 2 

James Ingles

Golkow Litigation Services Page 2

 1 APPEARANCES:

 2

 MICHELE VERCOSKI, ESQUIRE

 3 McCUNE WRIGHT AREVALO, LLP

 18565 Jamboree Road, Suite 550

 4 Irvine, California 92612

 mmv@mccunewright.com

 5

 APPEARING ON BEHALF OF THE PLAINTIFF

 6

 7 ALYSSA CLARK, ESQUIRE

 CHRISTOPHER BURRICHTER, ESQUIRE

 8 DECHERT LLP

 Three Bryant Park

 9 1095 Avenue of the Americas

 New York, New York 10036-6797

10 alyssa.clark@dechert.com

 christopher.burrichter@dechert.com

11 APPEARING REMOTELY ON BEHALF OF THE DEFENDANTS

12

13 ALSO APPEARING REMOTELY:

14 DANNY ORTEGA, VIDEOGRAPHER

15

16

17

18

19

20

21

22

23

24

25

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 3 of 21
James Ingles 

1 Q. With Jennifer how do you believe your 

2 relationship with her was impacted by your alleged 

3 injuries? 

4 A. When I came back from Iraq, I was 

5 diagnosed with PTSD. I was -- I separated myself 

6 and shut down. I knew that things were a little 

7 

8 

9 

10 

11 

12 

13 Q. And what year did you come back from 

14 Iraq? 

15 A. 2010. 

16 Q. When did your hearing loss begin? 

17 A. I was diagnosed in 2010 after I got 

18 back. During the deployment, I knew things were a 

19 little bit harder to hear so -- but when you're in 

20 a combat zone you don't necessarily just run to 

21 the audiologist and say, hey, my hearing is 

22 degraded. 

23 Q. When was the first time that you 

24 noticed that your hearing was not as good as it 

25 used to be? 

bit more difficult to hear, but not -- it was kind 

of in conjunction with not being able to hear 

stuff, and then dealing with the PTSD on top of 

it, you know, with depression, anxiety, all the 

combat-related stuff that I was going through 

mentally. 

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James Ingles

Golkow Litigation Services Page 19

 1 Q. With Jennifer how do you believe your

 2 relationship with her was impacted by your alleged

 3 injuries?

 4 A. When I came back from Iraq, I was

 5 diagnosed with PTSD. I was -- I separated myself

 6 and shut down. I knew that things were a little

 7 bit more difficult to hear, but not -- it was kind

 8 of in conjunction with not being able to hear

 9 stuff, and then dealing with the PTSD on top of

10 it, you know, with depression, anxiety, all the

11 combat-related stuff that I was going through

12 mentally.

13 Q. And what year did you come back from

14 Iraq?

15 A. 2010.

16 Q. When did your hearing loss begin?

17 A. I was diagnosed in 2010 after I got

18 back. During the deployment, I knew things were a

19 little bit harder to hear so -- but when you're in

20 a combat zone you don't necessarily just run to

21 the audiologist and say, hey, my hearing is

22 degraded.

23 Q. When was the first time that you

24 noticed that your hearing was not as good as it

25 used to be?

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 4 of 21
James Ingles 

1 A. I don't have an exact date. I mean, it 

2 was between the 2009-2010 deployment, but more 

3 significantly it became more and more apparent 

4 when I came home. There were less distractions 

5 other than running combat missions. 

6 Q. Prior to your Iraq deployment, have 

7 ever noticed any diminished hearing? 

8 A. I'm sorry, say again? 

9 Q. Prior to your Iraq deployment, did you 

10 ever notice any diminished hearing? 

11 A. No. 

12 Q. You said that you have two children. 

13 Could you please tell me their names and ages? 

14 A. Anissa Ingles-Medina, she's 18. And 

15 Blake Ingles, he's 6. 

16 Q. Do both your children live with you? 

17 A. They do. 

18 Q. Has there ever been a period of time 

19 when when your daughter did not live with you? 

20 A. We had -- I had shared parenting with 

21 her so it was 50/50. So she was with her mom. 

22 They kind of rotated on a two-week schedule to 

23 where it was balanced out to where it was five 

24 days each. And then she's 18 so when she turned 

25 18, she moved out and lived with her boyfriend for 

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James Ingles

Golkow Litigation Services Page 20

 1 A. I don't have an exact date. I mean, it

 2 was between the 2009-2010 deployment, but more

 3 significantly it became more and more apparent

 4 when I came home. There were less distractions

 5 other than running combat missions.

 6 Q. Prior to your Iraq deployment, have

 7 ever noticed any diminished hearing?

 8 A. I'm sorry, say again?

 9 Q. Prior to your Iraq deployment, did you

10 ever notice any diminished hearing?

11 A. No.

12 Q. You said that you have two children.

13 Could you please tell me their names and ages?

14 A. Anissa Ingles-Medina, she's 18. And

15 Blake Ingles, he's 6.

16 Q. Do both your children live with you?

17 A. They do.

18 Q. Has there ever been a period of time

19 when -- when your daughter did not live with you?

20 A. We had -- I had shared parenting with

21 her so it was 50/50. So she was with her mom.

22 They kind of rotated on a two-week schedule to

23 where it was balanced out to where it was five

24 days each. And then she's 18 so when she turned

25 18, she moved out and lived with her boyfriend for

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 5 of 21
James Ingles 

1 A. I mean, there have been circumstances 

2 where you get out of the car and the officer has 

3 left their siren on as you're running past chasing 

4 somebody on foot. But not to the extent where to 

5 you're standing in front of a police cruiser with 

6 his siren just blaring. 

7 MS. CLARK: Do you mind if we take a 

8 quick five-minute break? 

9 THE WITNESS: Sure. 

10 MS. CLARK: Can we go off the record, 

11 please? 

12 THE VIDEOGRAPHER: The time right now 

13 is 9:44 a.m. We are off the record. 

14 (Thereupon a break was taken.) 

15 THE VIDEOGRAPHER: The time right now 

16 is 9:51 a.m. We are back on the record. 

17 BY MS. CLARK: 

18 Q. Mr. Ingles, who is your current 

19 supervisor? 

20 A. My current supervisor is Stephen Carr. 

21 Q. And what is your badge number? 

22 A. My badge is 5349 

23 Q. And is your wife also a police officer? 

24 A. She is. 

25 Q. You first enlisted in the Army in 1996, 

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James Ingles

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 1 A. I mean, there have been circumstances

 2 where you get out of the car and the officer has

 3 left their siren on as you're running past chasing

 4 somebody on foot. But not to the extent where to

 5 you're standing in front of a police cruiser with

 6 his siren just blaring.

 7 MS. CLARK: Do you mind if we take a

 8 quick five-minute break?

 9 THE WITNESS: Sure.

10 MS. CLARK: Can we go off the record,

11 please?

12 THE VIDEOGRAPHER: The time right now

13 is 9:44 a.m. We are off the record.

14 (Thereupon a break was taken.)

15 THE VIDEOGRAPHER: The time right now

16 is 9:51 a.m. We are back on the record.

17 BY MS. CLARK:

18 Q. Mr. Ingles, who is your current

19 supervisor?

20 A. My current supervisor is Stephen Carr.

21 Q. And what is your badge number?

22 A. My badge is 5349.

23 Q. And is your wife also a police officer?

24 A. She is.

25 Q. You first enlisted in the Army in 1996,

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 6 of 21
James Ingles 

1 is that correct? 

2 A. Correct. 

3 Q. Where did you enlist? 

4 A. Atlanta, Georgia. 

5 Q. And you remained a part of the Army 

6 until your discharge in 2015? 

7 A. Correct. 

8 Q. Were you in the reserves for a portion 

9 of that time? 

10 A. Yes. I did three years of active duty 

11 time and then the rest were in the Ohio -- or, I'm 

12 sorry, the Georgia National Guard and then the 

13 Ohio Army National Guard. 

14 Q. When did you switch from the Georgia 

15 National Guard to the Ohio National Guard? 

16 A. When I moved from Atlanta, I believe it 

17 was 2000, I moved from Georgia to Ohio. 

18 Q. Is it correct that you were on active 

19 duty from November of 1996 through November 1999? 

20 A. Correct. 

21 Q. And then you were also on active duty 

22 from July of 2004 through March 2005? 

23 A. Correct. 

24 Q. And May 2009 through May 2010? 

25 A. Correct. 

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James Ingles

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 1 is that correct?

 2 A. Correct.

 3 Q. Where did you enlist?

 4 A. Atlanta, Georgia.

 5 Q. And you remained a part of the Army

 6 until your discharge in 2015?

 7 A. Correct.

 8 Q. Were you in the reserves for a portion

 9 of that time?

10 A. Yes. I did three years of active duty

11 time and then the rest were in the Ohio -- or, I'm

12 sorry, the Georgia National Guard and then the

13 Ohio Army National Guard.

14 Q. When did you switch from the Georgia

15 National Guard to the Ohio National Guard?

16 A. When I moved from Atlanta, I believe it

17 was 2000, I moved from Georgia to Ohio.

18 Q. Is it correct that you were on active

19 duty from November of 1996 through November 1999?

20 A. Correct.

21 Q. And then you were also on active duty

22 from July of 2004 through March 2005?

23 A. Correct.

24 Q. And May 2009 through May 2010?

25 A. Correct.

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 7 of 21
James Ingles 

1 been before that timeframe somewhere because I 

2 don't recall ever being back on a tank after I 

3 came back from Kosovo because of our 

4 reorganization. 

5 Q. So you were on tanks in Kosovo but you 

6 were not on tanks --

7 A. No, no, no, no. 

8 Q. Okay. 

9 A. I was not on tanks at all. We did a UN 

10 peacekeeping mission which was totally different. 

11 We walked around and did patrols. The last time I 

12 was physically on a tank that was prior to me 

13 being activated for that Kosovo deployment in 

14 2004. 

15 Q. Understood. So there was never a point 

16 in time that you were on a tank during any of your 

17 deployments? 

18 A. Not on -- not during the National 

19 Guard. During active duty time, yes. 

20 Q. Great. We will go to that now. You 

21 were deployed three times, is that correct? 

22 A. Three times for the National Guard, 

23 yes. Four times -- four depending on how you want 

24 to look at it. Four times, four total. 

25 Q. Will you please list your deployments 

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James Ingles

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 1 been before that timeframe somewhere because I

 2 don't recall ever being back on a tank after I

 3 came back from Kosovo because of our

 4 reorganization.

 5 Q. So you were on tanks in Kosovo but you

 6 were not on tanks --

 7 A. No, no, no, no.

 8 Q. Okay.

 9 A. I was not on tanks at all. We did a UN

10 peacekeeping mission which was totally different.

11 We walked around and did patrols. The last time I

12 was physically on a tank that was prior to me

13 being activated for that Kosovo deployment in

14 2004.

15 Q. Understood. So there was never a point

16 in time that you were on a tank during any of your

17 deployments?

18 A. Not on -- not during the National

19 Guard. During active duty time, yes.

20 Q. Great. We will go to that now. You

21 were deployed three times, is that correct?

22 A. Three times for the National Guard,

23 yes. Four times -- four depending on how you want

24 to look at it. Four times, four total.

25 Q. Will you please list your deployments

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 8 of 21
James Ingles 

1 A. The Combat Arms, yes, correct. 

2 Q. What year did you receive the Combat 

3 Arms? 

4 A. I don't remember like the exact date, 

5 but it was like either the -- 2008 or 2009 

6 whenever we began our train-up and for the Iraq 

7 deployment in 2009/2010, that was when we started 

8 seeing a lot more new equipment which was at the 

9 time when we also got the -- the Combat Arms 

10 Earplugs. 

11 Q. Was there ever a period of time where 

12 you were switching between the orange earplugs and 

13 the Combat Arms Earplugs? 

14 A. Do you mean like rotating back and 

15 forth alternating? 

16 Q. Correct. 

17 A. No. No. 

18 Q. Which -- strike that. 

19 Which base were you located at when you 

20 received the Combat Arms Earplugs? 

21 A. I do believe it was Camp Shelby, 

22 Mississippi. Now, again, it could have been at my 

23 armory prior to -- it's kind of weird. Like for 

24 your train-up, you get issued some equipment at 

25 your unit. Or when you get activated, you do your 

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James Ingles

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 1 A. The Combat Arms, yes, correct.

 2 Q. What year did you receive the Combat

 3 Arms?

 4 A. I don't remember like the exact date,

 5 but it was like either the -- 2008 or 2009

 6 whenever we began our train-up and for the Iraq

 7 deployment in 2009/2010, that was when we started

 8 seeing a lot more new equipment which was at the

 9 time when we also got the -- the Combat Arms

10 Earplugs.

11 Q. Was there ever a period of time where

12 you were switching between the orange earplugs and

13 the Combat Arms Earplugs?

14 A. Do you mean like rotating back and

15 forth alternating?

16 Q. Correct.

17 A. No. No.

18 Q. Which -- strike that.

19 Which base were you located at when you

20 received the Combat Arms Earplugs?

21 A. I do believe it was Camp Shelby,

22 Mississippi. Now, again, it could have been at my

23 armory prior to -- it's kind of weird. Like for

24 your train-up, you get issued some equipment at

25 your unit. Or when you get activated, you do your

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 9 of 21
James Ingles 

1 train-up before you go into theater and you get a 

2 ton more of equipment. I don't recall which one 

3 was which, but I am pretty sure it was Camp 

4 Shelby, Mississippi. 

5 Q. And you received the Combat Arms in the 

6 2008 or 2009 while preparing to deploy to Iraq? 

7 A. Correct. 

8 Q. If I were to walk through the bases 

9 that you were stationed at, you said that you 

10 attended basic training in Kentucky, is that 

11 correct? 

12 A. 

13 Q. 

14 A. 

15 Q. 

16 A. 

17 Q. 

18 A. 

19 Q. 

20 A. 

21 Q. 

22 A. 

23 Q. 

24 A. 

25 correct. 

Correct. 

And that was in 1996? 

Correct. 

How long did that last? 

I think like four or five months. 

And where did you go after Kentucky? 

I was at Camp Casey, Korea. 

Was that in 1997? 

'97, yeah, to '98. 

Where were you after Korea? 

Fort Stewart, Georgia. 

And that was in 1998? 

1998 until I got off active duty, 

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James Ingles

Golkow Litigation Services Page 52

 1 train-up before you go into theater and you get a

 2 ton more of equipment. I don't recall which one

 3 was which, but I am pretty sure it was Camp

 4 Shelby, Mississippi.

 5 Q. And you received the Combat Arms in the

 6 2008 or 2009 while preparing to deploy to Iraq?

 7 A. Correct.

 8 Q. If I were to walk through the bases

 9 that you were stationed at, you said that you

10 attended basic training in Kentucky, is that

11 correct?

12 A. Correct.

13 Q. And that was in 1996?

14 A. Correct.

15 Q. How long did that last?

16 A. I think like four or five months.

17 Q. And where did you go after Kentucky?

18 A. I was at Camp Casey, Korea.

19 Q. Was that in 1997?

20 A. '97, yeah, to '98.

21 Q. Where were you after Korea?

22 A. Fort Stewart, Georgia.

23 Q. And that was in 1998?

24 A. 1998 until I got off active duty,

25 correct.

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 10 of 21
James Ingles 

1 replacement set? 

2 A. I don't recall exactly when it was. I 

3 mean it could have been in theater for all I 

4 remember. 

5 Q. But the only distinct memory you have 

6 of receiving the Combat Arms Earplugs is the 

7 initial time that you were issued them, which you 

8 know is generally before your deployment to Iraq? 

9 A. I recall being issued them. I recall 

10 getting a second set at some point. I just can't 

11 recall whether it was while we were doing our 

12 train-up or while I was in theater, or for all 

13 that matter it could have been well after we 

14 returned from the deployment. 

15 Q. Do you know at which base you were 

16 issued your first pair of Combat Arms? 

17 A. Again, I don't -- I don't remember if 

18 it was while I was at our home station while we 

19 were doing our like load-out and train-up for 

20 there or whether or not it was actually at Camp 

21 Shelby, Mississippi. I believe it was Camp 

22 Shelby, Mississippi that we actually got it with 

23 like a lot of the newer equipment. 

24 Q. Do you recall who issued the Combat 

25 Arms Earplugs to you? 

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James Ingles

Golkow Litigation Services Page 54

 1 replacement set?

 2 A. I don't recall exactly when it was. I

 3 mean it could have been in theater for all I

 4 remember.

 5 Q. But the only distinct memory you have

 6 of receiving the Combat Arms Earplugs is the

 7 initial time that you were issued them, which you

 8 know is generally before your deployment to Iraq?

 9 A. I recall being issued them. I recall

10 getting a second set at some point. I just can't

11 recall whether it was while we were doing our

12 train-up or while I was in theater, or for all

13 that matter it could have been well after we

14 returned from the deployment.

15 Q. Do you know at which base you were

16 issued your first pair of Combat Arms?

17 A. Again, I don't -- I don't remember if

18 it was while I was at our home station while we

19 were doing our like load-out and train-up for

20 there or whether or not it was actually at Camp

21 Shelby, Mississippi. I believe it was Camp

22 Shelby, Mississippi that we actually got it with

23 like a lot of the newer equipment.

24 Q. Do you recall who issued the Combat

25 Arms Earplugs to you?

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 11 of 21
James Ingles 

1 A. Not by name. No like -- it was a 

2 supply sergeant or it was the -- I'm drawing a 

3 blank on what they call it. Basically when you go 

4 through and you get all your new equipment for the 

5 deployment, you basically hit all these stations, 

6 okay? I'm getting my body armor. I'm getting 

7 this. I'm getting that. It could have been at 

8 that or it could have through my supply sergeant. 

9 I don't recall exactly at the time who gave it to 

10 us. 

11 Q. And under those circumstances they 

12 would have been issued to you by somebody in the 

13 military? 

14 A. Correct. 

15 Q. Were you fitted for your first pair of 

16 Combat Arms Earplugs? 

17 A. Fitted as in like they measured my ear? 

18 Q. Yes. Fitted as in something beyond 

19 handing you the earplugs. 

20 A. No. 

21 Q. Just to confirm, so when you received 

22 the Combat Arm earplugs and you were handed the 

23 earplugs, were they in some kind of packaging? 

24 A. To be honest with you, I don't -- I 

25 don't recall. I don't -- there's probably a good 

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James Ingles

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 1 A. Not by name. No like -- it was a

 2 supply sergeant or it was the -- I'm drawing a

 3 blank on what they call it. Basically when you go

 4 through and you get all your new equipment for the

 5 deployment, you basically hit all these stations,

 6 okay? I'm getting my body armor. I'm getting

 7 this. I'm getting that. It could have been at

 8 that or it could have through my supply sergeant.

 9 I don't recall exactly at the time who gave it to

10 us.

11 Q. And under those circumstances they

12 would have been issued to you by somebody in the

13 military?

14 A. Correct.

15 Q. Were you fitted for your first pair of

16 Combat Arms Earplugs?

17 A. Fitted as in like they measured my ear?

18 Q. Yes. Fitted as in something beyond

19 handing you the earplugs.

20 A. No.

21 Q. Just to confirm, so when you received

22 the Combat Arm earplugs and you were handed the

23 earplugs, were they in some kind of packaging?

24 A. To be honest with you, I don't -- I

25 don't recall. I don't -- there's probably a good

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 12 of 21
James Ingles 

1 them to make sure you had a better fit. 

2 Q. When did you stop wearing Combat Arms 

3 Earplugs? 

4 A. When I was diagnosed with hearing loss 

5 in 2010, I went out and purchased my own hearing 

6 protection which were like the Peltor electronic 

7 noise-cancelling headsets that I would use in 

8 conjunction with the foamies. 

9 Q. Did you wear those Peltor earmuffs when 

10 you were deployed in Afghanistan from 2011 to 

11 2012? 

12 A. I wore them during the train-up. I was 

13 a first sergeant. I didn't really -- I sat in an 

14 office most of the time in Afghanistan, so I 

15 didn't really need hearing protection for that. 

16 Q. And so to confirm, you were wearing 

17 Combat Arms Version 2 from 2008 or 2009 through 

18 2010, is that correct? 

19 A. Correct. 

20 Q. Were there any other times that you 

21 wore them? 

22 A. Not that I recall. I recall seeing 

23 them in Kosovo being circulated, but I didn't have 

24 any. There were some soldiers -- it just depends 

25 on where soldiers got stuff. You could go to 

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James Ingles

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 1 them to make sure you had a better fit.

 2 Q. When did you stop wearing Combat Arms

 3 Earplugs?

 4 A. When I was diagnosed with hearing loss

 5 in 2010, I went out and purchased my own hearing

 6 protection which were like the Peltor electronic

 7 noise-cancelling headsets that I would use in

 8 conjunction with the foamies.

 9 Q. Did you wear those Peltor earmuffs when

10 you were deployed in Afghanistan from 2011 to

11 2012?

12 A. I wore them during the train-up. I was

13 a first sergeant. I didn't really -- I sat in an

14 office most of the time in Afghanistan, so I

15 didn't really need hearing protection for that.

16 Q. And so to confirm, you were wearing

17 Combat Arms Version 2 from 2008 or 2009 through

18 2010, is that correct?

19 A. Correct.

20 Q. Were there any other times that you

21 wore them?

22 A. Not that I recall. I recall seeing

23 them in Kosovo being circulated, but I didn't have

24 any. There were some soldiers -- it just depends

25 on where soldiers got stuff. You could go to

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 13 of 21
James Ingles 

1 pretty much any supply and get them. I never had 

2 them, but I know that there were people that did 

3 have them, so that was the only time. 

4 Q. When you first received the Combat Arms 

5 Earplugs, did you receive any verbal instructions 

6 on how to use them? 

7 A. I -- I don't remember if like -- it 

8 wasn't like a full-blown class. I remember being 

9 kind of schooled on, hey, yellow side go in if you 

10 want to hear people talking, it still reduces 

11 noise. If you want full blockage of of sound, 

12 you flip it over and you put the green in. 

13 Q. Who provided those instructions to you? 

14 A. Whoever issued them to me. Like I 

15 said, it wasn't like a full-scale class or 

16 anything like that. 

17 Q. Did the verbal instructions include a 

18 demonstration? 

19 A. No, there was no demonstration. The 

20 concept was the same for the earplugs. Based off 

21 of what we had for basic training, it's always 

22 been assumed that the concept is the same. 

23 Q. Did you receive any written 

24 instructions on the Combat Arms Earplugs? 

25 A. I don't remember if I did or not. So I 

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James Ingles

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 1 pretty much any supply and get them. I never had

 2 them, but I know that there were people that did

 3 have them, so that was the only time.

 4 Q. When you first received the Combat Arms

 5 Earplugs, did you receive any verbal instructions

 6 on how to use them?

 7 A. I -- I don't remember if like -- it

 8 wasn't like a full-blown class. I remember being

 9 kind of schooled on, hey, yellow side go in if you

10 want to hear people talking, it still reduces

11 noise. If you want full blockage of -- of sound,

12 you flip it over and you put the green in.

13 Q. Who provided those instructions to you?

14 A. Whoever issued them to me. Like I

15 said, it wasn't like a full-scale class or

16 anything like that.

17 Q. Did the verbal instructions include a

18 demonstration?

19 A. No, there was no demonstration. The

20 concept was the same for the earplugs. Based off

21 of what we had for basic training, it's always

22 been assumed that the concept is the same.

23 Q. Did you receive any written

24 instructions on the Combat Arms Earplugs?

25 A. I don't remember if I did or not. So I

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James Ingles 

1 couldn't say one way or another. 

2 Q. Did anyone instruct you on the fit of 

3 the Combat Arms Earplugs? 

4 A. Could you explain what you mean by "the 

5 fit"? 

6 Q. All right. You described earlier with 

7 the foamies that you were supposed to tug on them 

8 to make sure they that didn't fall out. Did you 

9 receive any type of similar instruction for the 

10 Combat Arms Earplugs? 

11 A. I don't remember if I did or not. 

12 That's always been the same for all earplugs. You 

13 make sure you pull on them so that they -- make 

14 sure that they are not falling out, that they're 

15 secure and that they have a good seal in the ear. 

16 Q. Did you receive any instruction on 

17 folding back the flanges of the -- the opposite 

18 end that was sticking out of your ear to 

19 potentially improve the fit? 

20 A. I don't recall. 

21 Q. Did you ever fold back the flanges on 

22 your Combat Arms Earplugs? 

23 A. To be honest, I don't recall. 

24 Q. Do you recall ever seeing anybody that 

25 you served with folding back the flanges on their 

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 1 couldn't say one way or another.

 2 Q. Did anyone instruct you on the fit of

 3 the Combat Arms Earplugs?

 4 A. Could you explain what you mean by "the

 5 fit"?

 6 Q. All right. You described earlier with

 7 the foamies that you were supposed to tug on them

 8 to make sure they that didn't fall out. Did you

 9 receive any type of similar instruction for the

10 Combat Arms Earplugs?

11 A. I don't remember if I did or not.

12 That's always been the same for all earplugs. You

13 make sure you pull on them so that they -- make

14 sure that they are not falling out, that they're

15 secure and that they have a good seal in the ear.

16 Q. Did you receive any instruction on

17 folding back the flanges of the -- the opposite

18 end that was sticking out of your ear to

19 potentially improve the fit?

20 A. I don't recall.

21 Q. Did you ever fold back the flanges on

22 your Combat Arms Earplugs?

23 A. To be honest, I don't recall.

24 Q. Do you recall ever seeing anybody that

25 you served with folding back the flanges on their

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James Ingles 

1 hearing protection? 

2 A. I don't remember if I did or not. I 

3 mean, if they had it on a checklist, they had it 

4 on a checklist. And if they didn't have it, then 

5 -- hearing protection is a Class 9 item. If they 

6 didn't have it, it was we'll go get you some more. 

7 Q. Was there ever an occasion where you 

8 were encouraged not to wear hearing protection by 

9 anybody? 

10 A. Never. 

11 Q. And you said earlier that you don't 

12 recall seeing any written statements or any 

13 particular packaging for your Combat Arms. 

14 A. I don't remember. 

15 Q. Have you ever seen any advertisements 

16 for the Combat Arms Earplugs? 

17 A. Can you explain like before or after or 

18 what are you -- can you clarify that? 

19 Q. At any point in time before you were 

20 using the Combat Arms Earplugs or while you were 

21 using the Combat Arms Earplugs, did you see any 

22 advertisements for them? 

23 A. No, not that I remember. 

24 Q. I know you mentioned this a moment ago, 

25 but will you please re-describe for me what your 

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 1 hearing protection?

 2 A. I don't remember if I did or not. I

 3 mean, if they had it on a checklist, they had it

 4 on a checklist. And if they didn't have it, then

 5 -- hearing protection is a Class 9 item. If they

 6 didn't have it, it was we'll go get you some more.

 7 Q. Was there ever an occasion where you

 8 were encouraged not to wear hearing protection by

 9 anybody?

10 A. Never.

11 Q. And you said earlier that you don't

12 recall seeing any written statements or any

13 particular packaging for your Combat Arms.

14 A. I don't remember.

15 Q. Have you ever seen any advertisements

16 for the Combat Arms Earplugs?

17 A. Can you explain like before or after or

18 what are you -- can you clarify that?

19 Q. At any point in time before you were

20 using the Combat Arms Earplugs or while you were

21 using the Combat Arms Earplugs, did you see any

22 advertisements for them?

23 A. No, not that I remember.

24 Q. I know you mentioned this a moment ago,

25 but will you please re-describe for me what your

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James Ingles 

1 have noise-cancelling protection around it that 

2 would not require me to wear both. 

3 Q. What type of weapon would you typically 

4 fire when you were at the range wearing the Combat 

5 Arms Earplugs? 

6 A. M4 rifle. I mean, we qualify with the 

7 M4. We qualify with the pistol. We qualify with 

8 a shotgun, but my primary weapon was an M4 rifle. 

9 Q. How many rounds would say you'd fire 

10 while you were at the range, for the M4 

11 specifically? 

12 A. It just depends. So it could be for 

13 qualification you might fire 50 rounds. If you're 

14 

15 

16 

17 

18 

19 Q. Will you explain what a shoot house is? 

20 A. That's just like when you go in and 

21 clear a house in like urban operations. 

22 Q. Did you also use -- strike that. 

23 What was the first occasion that you 

24 have a recollection of wearing the Combat Arms 

25 Earplugs? 

out doing different types of qualification or 

maneuvers for certification, then you'd fire 

hundreds of rounds. If you're in a shoot house, 

you could fire hundreds of rounds inside of a 

shoot house. So it just depends. 

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 1 have noise-cancelling protection around it that

 2 would not require me to wear both.

 3 Q. What type of weapon would you typically

 4 fire when you were at the range wearing the Combat

 5 Arms Earplugs?

 6 A. M4 rifle. I mean, we qualify with the

 7 M4. We qualify with the pistol. We qualify with

 8 a shotgun, but my primary weapon was an M4 rifle.

 9 Q. How many rounds would say you'd fire

10 while you were at the range, for the M4

11 specifically?

12 A. It just depends. So it could be for

13 qualification you might fire 50 rounds. If you're

14 out doing different types of qualification or

15 maneuvers for certification, then you'd fire

16 hundreds of rounds. If you're in a shoot house,

17 you could fire hundreds of rounds inside of a

18 shoot house. So it just depends.

19 Q. Will you explain what a shoot house is?

20 A. That's just like when you go in and

21 clear a house in like urban operations.

22 Q. Did you also use -- strike that.

23 What was the first occasion that you

24 have a recollection of wearing the Combat Arms

25 Earplugs?

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 17 of 21
James Ingles 

1 A. Again, I -- somewhere during the time 

2 for the train-up for the deployment to Iraq during 

3 that 2008/2009 timeframe. 

4 Q. And would that have been in Mississippi 

5 or a different state? 

6 A. Again, I don't recall if I was issued 

7 them before I left the State of Ohio from my 

8 supply unit or whether or not I was issued them at 

9 Mississippi. It was most likely that it was 

10 Mississippi is when I was issued those with all 

11 the other new equipment. 

12 Q. If you had been issued them in Ohio, 

13 would you have worn them in Ohio prior to going to 

14 Mississippi? 

15 A. If I -- if there was a need for hearing 

16 protection, absolutely. 

17 Q. Do you have a specific memory of 

18 wearing the Combat Arms Earplugs in Ohio prior to 

19 going to Mississippi? 

20 A. To be honest with you, I can't 

21 remember. I don't think so, but again that's why 

22 I said most likely it was Mississippi. I -- I 

23 just don't remember. 

24 Q. I understand. 

25 Do you have a specific memory of 

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 1 A. Again, I -- somewhere during the time

 2 for the train-up for the deployment to Iraq during

 3 that 2008/2009 timeframe.

 4 Q. And would that have been in Mississippi

 5 or a different state?

 6 A. Again, I don't recall if I was issued

 7 them before I left the State of Ohio from my

 8 supply unit or whether or not I was issued them at

 9 Mississippi. It was most likely that it was

10 Mississippi is when I was issued those with all

11 the other new equipment.

12 Q. If you had been issued them in Ohio,

13 would you have worn them in Ohio prior to going to

14 Mississippi?

15 A. If I -- if there was a need for hearing

16 protection, absolutely.

17 Q. Do you have a specific memory of

18 wearing the Combat Arms Earplugs in Ohio prior to

19 going to Mississippi?

20 A. To be honest with you, I can't

21 remember. I don't think so, but again that's why

22 I said most likely it was Mississippi. I -- I

23 just don't remember.

24 Q. I understand.

25 Do you have a specific memory of

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 18 of 21
James Ingles 

1 noticed? 

2 A. I don't recall exactly when it was --

3 was, and I probably would have never noticed if my 

4 guys didn't have to keep repeating themselves. 

5 And then you don't even want to know the comments 

6 they would say or jokes as to why I couldn't hear. 

7 But -- but people started pointing out that they 

8 had to repeat stuff, and like you never listen to 

9 me. So that's when I -- I realized that, yeah, 

10 there's probably a little bit of an issue here. 

11 Q. Do you recall any similar instances 

12 during the train-up to Iraq? 

13 A. I don't really recall. And when I say 

14 that with me noticing the hearing loss, that's 

15 with the deployment and in conjunction with the 

16 train-up. I don't know at what point I started 

17 noticing like when people started pointing it out, 

18 but sometime during that timeframe. 

19 Q. Do you recall any instances of people 

20 telling you that you couldn't really hear them 

21 prior to your train-up for Iraq? 

22 A. No. 

23 Q. Did you ever raise any concerns about 

24 the Combat Arms Earplugs during your military 

25 service? 

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 1 noticed?

 2 A. I don't recall exactly when it was --

 3 was, and I probably would have never noticed if my

 4 guys didn't have to keep repeating themselves.

 5 And then you don't even want to know the comments

 6 they would say or jokes as to why I couldn't hear.

 7 But -- but people started pointing out that they

 8 had to repeat stuff, and like you never listen to

 9 me. So that's when I -- I realized that, yeah,

10 there's probably a little bit of an issue here.

11 Q. Do you recall any similar instances

12 during the train-up to Iraq?

13 A. I don't really recall. And when I say

14 that with me noticing the hearing loss, that's

15 with the deployment and in conjunction with the

16 train-up. I don't know at what point I started

17 noticing like when people started pointing it out,

18 but sometime during that timeframe.

19 Q. Do you recall any instances of people

20 telling you that you couldn't really hear them

21 prior to your train-up for Iraq?

22 A. No.

23 Q. Did you ever raise any concerns about

24 the Combat Arms Earplugs during your military

25 service?

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 19 of 21
James Ingles 

1 A. No, I didn't. It was a very short 

2 window when I came home. When I came home from 

3 Iraq, I was gearing up to go to Afghanistan. So I 

4 started the medical evaluation process shortly 

5 after I returned, and that's when I found out I 

6 had hearing loss, so... 

7 There was nobody really to complain to 

8 to say, hey, these earplugs don't work or, hey, 

9 they're causing ringing. 

10 Q. Did an Army audiologist recommend that 

11 you change earplugs at any point in time? 

12 A. During the deployment or prior to, no. 

13 After I was diagnosed with hearing loss and -- not 

14 an Army audiologist but he said, you know, you 

15 might want to look into some -- some hearing 

16 protection and wear it frequently any time that 

17 you're around -- to preserve -- preserve what 

18 hearing you have. 

19 And then they said that, you know, 

20 there are electronic ones out there, too, and 

21 that's what kind of made me look into that for the 

22 like --

23 Q. What was it that -- oh, I apologize. 

24 Continue. 

25 A. It was -- it was some specialist that 

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 1 A. No, I didn't. It was a very short

 2 window when I came home. When I came home from

 3 Iraq, I was gearing up to go to Afghanistan. So I

 4 started the medical evaluation process shortly

 5 after I returned, and that's when I found out I

 6 had hearing loss, so...

 7 There was nobody really to complain to

 8 to say, hey, these earplugs don't work or, hey,

 9 they're causing ringing.

10 Q. Did an Army audiologist recommend that

11 you change earplugs at any point in time?

12 A. During the deployment or prior to, no.

13 After I was diagnosed with hearing loss and -- not

14 an Army audiologist but he said, you know, you

15 might want to look into some -- some hearing

16 protection and wear it frequently any time that

17 you're around -- to preserve -- preserve what

18 hearing you have.

19 And then they said that, you know,

20 there are electronic ones out there, too, and

21 that's what kind of made me look into that for the

22 like --

23 Q. What was it that -- oh, I apologize.

24 Continue.

25 A. It was -- it was some specialist that

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 20 of 21
James Ingles 

1 CERTIFICATE 

2 

3 I, JANINE N. LEROUX, Court Reporter and 

4 Notary Public, certify that the facts stated in the 

5 caption hereto are true, and that at the time and 

6 place stated in said caption the witness named in 

7 the caption hereto remotely appeared before me. 

8 

9 I further certify that after being duly 

10 sworn by me the witness was examined by counsel 

11 for the parties, and that said testimony was taken 

12 in stenotype by me and later reduced to 

13 computer-aided transcription, and that the 

14 foregoing is a true record of the testimony given 

15 by said witness. 

16 The foregoing deposition has been 

17 submitted to the witness for reading and signing. 

18 

19 

20 

21 

22 

23 JANINE LEROUX - COURT REPORTER 

NOTARY PUBLIC 

24 

25 

Golkow Litigation Services Page 159 

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Golkow Litigation Services Page 159

 1 CERTIFICATE

 2

 3 I, JANINE N. LEROUX, Court Reporter and

 4 Notary Public, certify that the facts stated in the

 5 caption hereto are true, and that at the time and

 6 place stated in said caption the witness named in

 7 the caption hereto remotely appeared before me.

 8

 9 I further certify that after being duly

10 sworn by me the witness was examined by counsel

11 for the parties, and that said testimony was taken

12 in stenotype by me and later reduced to

13 computer-aided transcription, and that the

14 foregoing is a true record of the testimony given

15 by said witness.

16 The foregoing deposition has been

17 submitted to the witness for reading and signing.

18

19

20

21

22

23 JANINE LEROUX - COURT REPORTER

 NOTARY PUBLIC

24

25

Case 7:20-cv-52539-MCR-GRJ Document 12-1 Filed 07/21/22 Page 21 of 21