Boston Partner Ted Murphy recently obtained a defense verdict for our client, a major government defense contractor. The case was brought by an older employee who had joined the company. Although his pre-employment audiogram showed borderline hearing loss, he developed a profound hearing loss of seventy percent within a year of working in our client’s noisy shop as a fabrication technician. We were successful in convincing a federal administrative law judge that plaintiff’s use of “state of the art” hearing protection supplied by our client undermined his claim as did his inconsistent statements and inconsistent audiological testing.