Defective earbud

I am a swimmer and I used to swim with a waterproof MP3 player.. I used this product for approximately two months. While swimming laps, as I normally do, I noticed the sound quit. I checked the player and observed that it was still playing. Then I noticed the cord from the player was hanging from my left ear. Further observation revealed that the end of the earpiece was missing. And was, in fact broken off and stuck securely in my ear. I was in deep water so I made it back to the shallow end to try and ascertain how to remove the tip

The lifeguard and a friend, upon looking for the earpiece in my ear, were unable to visualize the tip, as the water pressure differential apparently caused it to go deep into my ear canal. I began to experience dizziness to the point I was not able to walk appropriately. I had to be driven to an emergency room by my friend. The intense pain continued to worsen as time passed. I suffered dizziness, nausea and worsening ear pain while doctors attempted to remove the piece. The Emergency Room ENT Physician was finally able to remove the piece; a procedure that resulted in extreme pain.

I continue to have pain in the ear after being in water and I cannot put anything (i.e. - earplug) in the ear now due to the experience of having that metal piece gouging my ear canal for over two hours.. The Freestyle Company feels they have no responsibility because they do not make the product, what are my options?