SAN FRANCISCO (CN) — Apple asked a federal judge on Thursday to rule in its favor over claims that a pair of AirPods Pro caused permanent hearing loss to a San Antonio child during an Amber Alert in 2020. Asking for summary judgment on the lawsuit, the Silicon Valley giant said it was scientifically “impossible” for the AirPods to cause the damage claimed.
“There has never even been a case report by anyone in science that noise exposure at this level could cause this kind of hearing loss,” Stephen Copenhaver of Arentfox Schiff, who represented Apple, told the court.
The judge seemed to share Apple’s skepticism.
“If it went to jury, it would be a rarity,” U.S. District Judge Jacqueline Scott Corley said. “This would be the first case ever in the history of science where they found this [happened].”
The lawsuit against Apple is brought by San Antonio parents Carlos Gordoa and Ariani Reyes, as well as their 12-year-old son, identified in the lawsuit as “B.G.” The plaintiffs claim that in May 2020, their son was watching Netflix on his phone at low volume when an Amber Alert went off without warning, and a high-pitched whine “tore apart” his eardrum, damaged his cochlea and left him with lasting tinnitus and hearing damage in his right ear.
The son, once a “healthy, athletic boy” according to the family, has been plagued by bouts of dizziness, vertigo and nausea since the incident, and they claim he will likely require a hearing aid for the rest of his life.
The family is suing Apple for damages related to product defects, negligence and emotional distress, among other claims.
However, Apple claimed in court that the damages they’re seeking aren’t medically possible because AirPods Pro aren’t capable of producing enough sound to cause sudden, acute hearing loss.
The plaintiffs’ experts estimate that during the Amber Alert, B.G. experienced a sound between 106 and 113 decibels, a level that the tech company argues is well below sound levels commonly experienced in everyday life, like at sporting events or concerts.
“There are an overwhelming amount of scientific studies dating back nearly half a century, and they are unanimous that exposures of at least 140 decibels are necessary to cause this kind of hearing loss,” Copenhaver said.
Apple also fought back against the family’s claims that the incident tore apart their son’s eardrum or damaged his cochlea, citing research that shows sound levels of 180 decibels are required to cause the physical shock and “acoustic trauma” to physically damage his eardrums in this way.
“That’s more than 10 times more powerful than what B.G. suffered,” Copenhaver said.
The family defended their position, citing expert testimony that every person has a different level of susceptibility to injury to the ear. However, the judge called this expert opinion into question on the courtroom floor, requesting several times to see the studies cited by their expert, Dr. Yoav Hahn, an ear surgeon from Dallas, Texas.
“We’re in the land of the never-before-heard-of,” the Joe Biden-appointed judge said.
But what caused B.G.’s hearing loss, which is undisputed? Apple has a theory.
It’s Covid.
Sudden hearing loss is commonly caused by viral infections, and a growing body of research suggests that Covid-19 could be linked to hearing loss, according to the National Library of Medicine. It’s possible, the company claims, that B.G. suffered a bout of asymptomatic Covid that left him with sudden hearing loss.
The plaintiffs vigorously defended against this theory in court, saying their expert had already ruled out a viral infection at the time.
“He didn’t have any symptoms of any hearing loss or any virus before the Amber Alert,” said Jeremy Newell of Paranjpe Mahadass Ruemke, who represented the family.
However, the judge seemed swayed by Apple’s explanation of the events.
“I’m having trouble ruling out Covid because the evidence is clear that Covid can cause hearing loss. And the evidence is clear that you don’t have to have symptoms. So why is his ruling it out reliable?” she asked.
She also made a point of demonstrating that the incident took place early in the pandemic, when Covid testing and information on the disease were lacking.
“In May 2020, how were people diagnosing COVID?” she asked the family’s attorney.
“They weren’t,” Newell replied.
“Exactly!” she stated.
Newell said he will respect the judge’s ruling but said he thinks the family has a “strong case.”
“This young man will have permanent hearing loss because of a product they failed to test and launched globally,” Newell told Courthouse News outside the courtroom.
The judge did not indicate when she would issue a ruling.
This case was filed in the Northern District of California and heard at the Phillip Burton Federal Building and U.S. Courthouse in San Francisco, California.