At 12 years old did he not instantly whip them out his ears or did he just sit there with this siren going off down his lugholes thinking maybe I'll just sit here til my ear drums pop.
The claim is that the damage was done instantly, not by listening for a long amount of time. Whether that it's plausible or not can be easily tested by someone qualified enough and would definitely be evidence in the lawsuit one way or the other.
Definitely seems to be one of those 'only in America' things. Like the woman who sued McDonalds cos her hot coffee was actually, would you believe it, hot.
Amber Alerts are an "only in America thing" I guess, so it makes sense? Although I think some other countries have similar alerts, there are none where I live.
The McDonalds lawsuit had actually merit, but as always the devil is in the details. You can find a recap of the case and an explanation why it was not frivolous here.