Status of 3M Earplug Lawsuit
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The earplugs are dual-ended, designed to prevent loud noises from harming the eardrum while allowing the wearer to hear surrounding noises. Unfortunately, plaintiffs say this earplug doesn’t always fit well into the ear canal. Therefore, auditory injuries can still occur.
Many of those using 3M earplugs between 2001 and 2006 suffered hearing loss and tinnitus, increasing related disability payouts by 319%. By 2007, there were reports of debilitating hearing loss from 52% of the service members using the earplugs.
Lawsuits filed against 3M aim to hold the earplug manufacturer accountable for the defective earplugs. Allegedly, Aearo Technologies (also known as 3M) knew about the shortcomings of the earplug since 2000 but failed to take action to remove them from use. As a result, about 139,000 people who suffered injuries, including hearing loss, filed cases against 3M in Florida’s Northern District Court after using the earplugs.
The Combat Arms Earplugs Version 2 (CAEv2) case constitutes the most significant consolidated federal mass tort in U.S. history. District Judge M. Casey Rodgers is hearing the lawsuits, which have been consolidated into a single case (MDL) in the U.S. District Court in Florida’s Northern District.
Over the years, many veterans and service members have alleged that the CAEv2 earplugs failed to protect their hearing. Plaintiffs have joined together to seek damages against the earplug manufacturer for hearing loss, tinnitus, and related conditions.
For plaintiffs or attorneys preparing cases against 3M, it’s imperative to work with experienced attorneys who are familiar with the litigation. Case Works supports law firms working on 3M and other mass tort cases.
January 2023 Update:
On August 26, 2022, Indiana bankruptcy Judge Jeffrey J. Graham allowed the Aearo Technologies bankruptcy to proceed, but denied 3M’s bid to extend bankruptcy protection to 3M for CAEv2 liability, according to a Reuters report. In the ruling, Judge Graham stated that the size of the litigation did not create a legal need to extend bankruptcy protection to 3M.
Despite this setback, 3M has refused to give up its attempts to resolve the CAEv2 litigation through bankruptcy reorganization. In addition to its appeal to the Seventh Circuit, 3M attempted to relegate liability to Aearo Technologies in the MDL. However, during the four years of litigation prior to the ruling, 3M had explicitly claimed sole responsibility for CAEv2-related injuries.
In a December 22, 2022, ruling granting the Plaintiffs’ Motion for Summary Judgment on 3M Company’s Full and Independent Liability for CAEv2-Related Injuries, Judge M. Casey Rodgers scolded 3M harshly for its “egregious gamesmanship” amid its attempts to “rewrite the history” of the litigation in response to getting results it found unpalatable from the bellwether trials. The judge sanctioned 3M as follows:
“Defendant 3M Company is hereby precluded from attempting to avoid any portion of its alleged liability for the CAEv2 claims in this litigation by shifting blame to the Aearo defendants, as a sanction for the company’s explicit statements and conduct establishing itself as the sole responsible party for nearly four years in the MDL and its bad faith reversal of that position solely to serve its strategic objectives in bankruptcy.”
Judge Rodgers made the order applicable to all present and future cases in the MDL and urged the 11th Circuit to expedite the appeal if possible. She stayed the proceedings pending the appeal but will continue to enter rulings on pending motions.
Even with the sanction, 3M has remained tenacious about resolving CAEv2 liability through reorganization. However, plaintiffs have expressed that they are opposed to a bankruptcy-only resolution. On January 18, 2023, Judge Rodgers ended the seven-months long mediation on the grounds that the parties had reached an impasse.
The court will now focus on resolving Daubert and summary judgment motions in the Wave 1 cases to ensure the case can promptly move forward after the ruling on the interlocutory appeal of the sanctions. The court will also schedule a “data day” to present important audiometric data provided by the Department of Defense and analyzed by a neutral third party.
In light of the recent dismissal of LTL Management, LLC’s bankruptcy at the center of Johnson & Johnson’s “Texas two-step,” 3M plaintiffs are calling on the bankruptcy court to dismiss the Aearo Technologies bankruptcy altogether, according to a Reuters report. The ruling may have an effect on the Seventh Circuit’s ruling.
July 2022 Update: Chapter 11 Filing
In a July 26, 2022, press release, 3M Co. announced that it had voluntarily filed Chapter 11 bankruptcy for its Aearo Technologies unit amid the ongoing lawsuits over the faulty combat earplugs.
Of the 19 cases that have gone to trial, 13 were ruled in favor of the service members. Nearly $300 million has been awarded in damages.
As of June 30, approximately 115,000 claims have been filed, with an additional 120,000 claims on an administrative docket.
According to 3M, bankruptcy is the most efficient and equitable way to resolve these claims. If approached on a case-by-case basis, the thousands of claims could take years to litigate.
The manufacturing giant is committing $1 billion to a trust to resolve the lawsuits. The funding will come directly from 3M.
3M is also putting forth $240 million to fund case-related expenses. Additional funding will be provided if required under the terms of the agreement.
May 2022 3M Earplug Lawsuit Update: Final Bellwether Trial
The last of the sixteen bellwether trials concluded in Pensacola, Florida, on May 20, 2022, with the federal court ordering 3M to pay $77.5 million to U.S. Army veteran James Beal, who suffered auditory damage after using 3M’s military-issue earplugs.
Beal used the earplugs throughout his military service from 2005 to 2009 and again in 2011 when he served in the Army Reserves. Beal now suffers from tinnitus and hearing loss.
Beal’s verdict is the largest awarded so far to plaintiffs in the litigation, which, as of May 16, 2022, included 291,224 pending actions.
Major Milestones in 3M Earplug Lawsuits
3M requested a one-week delay because some team members tested positive for COVID-19. The motion was denied since all parties were vaccinated, and the CDC guidelines supported the resumption of court proceedings, including trials.
Dr. Mark Packer, who served as an expert eyewitness for the plaintiffs, stated that the 3M earplug defects cause hearing impairment.
On January 31, 2022 Judge Rodgers entered CMO 33 (Transition Order #3). This included a list of cases that will be required to transfer from the administrative docket to the active docket starting immediately. There is a 30 to 60-day deadline to make the transition depending on the number of cases a firm has filed.
Below find a summary of previous trials:
Trial Number 9
Trial Number 8
Trial Number 7
Trial Number 6
Trial Number 5
Trial Number 4
Trial Number 3
Trial Number 2
Trial Number 1
Primary Allegations Against 3M in Earplug Lawsuits
According to the U.S. Department of Veteran Affairs, 2.3 million veterans are being compensated for tinnitus while 1.3 million receive disability compensation for hearing loss.
Tinnitus is the top disability impacting military personnel and veterans. Additionally, 15% of American adults suffer from this disorder, according to the Centers for Disease Control. The VA has partnered with an interdisciplinary team of providers to suggest treatment for tinnitus.
There’s no cure, and treatment involves mitigating the constant ringing and whistling sensations in many cases. Many people don’t seek medical assistance for tinnitus. However, some people have difficulty concentrating or sleeping due to their disabilities. This distress can also lead to anxiety or depression.
Several factors impacted the likelihood of developing tinnitus, including race, age, sex, marital status, and VA service status. Researchers stressed the need for better care for tinnitus and related mental health issues experienced by veterans and military personnel.
In 2021, NCRAR researchers studied 900 veterans with tinnitus. They found that those with tinnitus had a higher tendency to develop post-traumatic stress disorder (PTSD), anxiety, and depression. According to their findings, tinnitus severity is closely associated with adverse mental health symptoms. These findings have a direct impact on the cases filed against 3M.
The majority of complainants claimed the company already knew about the flaws of the earplugs. They also claimed that 3M failed to disclose the dangers of using the earplugs from 2007 to 2013, causing these devastating injuries. Attorneys Bryan Aylstock and Christopher Seeger gathered evidence that 3M was aware of the defects in the earplugs.
Background on 3M Earplug Lawsuits
In the following years, 3M has faced a rising number of cases. As of December 2021, 3M has more than 300,000 claims filed by both veterans and active service members over the earplug. The case is the largest MDL in U.S. history.
