Status of 3M Earplug Lawsuit
3M earplugs are supposed to protect the user’s ears from loud noises that could damage their hearing. Workers widely use earplugs to dampen the effect of noise in their work environment. Combat Arms Earplugs Version 2 (CAEv2), an earplug produced by Aearo Technologies, was accepted as the U.S. Army’s standard earplug in 2003. After the company’s acquisition by 3M, this division continued to produce these earplugs. In 2018, a $9.1 million settlement occurred between 3M and the U.S. Department of Defense.
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
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
Each case the defendant loses comes at a considerable cost. The compensation awarded to victorious plaintiffs has been massive.
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
The 10th bellwether consisted of the consolidated cases of Ronald E. Sloan and William Wayman, both army veterans. Sloan claimed he suffered tinnitus and hearing loss due to the defective CAEv2 earplugs produced by 3M. Wayman claimed that he already had PTSD, but that the earplugs caused tinnitus and worsened his existing mental health condition.
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
3M won the ninth trial against plaintiff Carlos A. Montero, who served in the U.S. Army for 23 years. Montero alleged that 3M’s CAEv2 earplugs caused his hearing loss and tinnitus. However, the Pensacola jury favored 3M in December 2021.
Trial Number 8
A federal jury awarded $22.5 million to Plaintiff Theodore Finley, a U.S. Army veteran, who blamed CAEv2 earplugs for his hearing loss and tinnitus. This verdict was the largest yet against 3M.
Trial Number 7
In November 2021, former Army Sgt. Guillermo Camarillorazo prevailed against 3M. The jury awarded compensatory damages of $800,000 and punitive damages of $12.25 million to the plaintiff.
Trial Number 6
The 6th trial was also heard in November 2021, and it happened to be a win for 3M. A Pensacola jury rejected claims by a Tennessee Army veteran claiming his tinnitus and hearing loss occurred due to defective 3M earplugs.
Trial Number 5
In October 2021, Michelle Blum’s case against 3M went to trial. She claimed to suffer tinnitus and hearing loss due to defective earplugs worn when she served in the U.S. Army Reserves, Army and National Guard between 1989 and 2009. The jury found in favor of 3M.
Trial Number 4
The 4th trial was held in September 2021 and the federal jury found in favor of an Army veteran. 3M was ordered to pay $8.2 million to compensate the plaintiff, a U.S. Army vet, for hearing loss and tinnitus caused by defective CAEv2 earplugs.
Trial Number 3
The 3rd trial was heard in June 2021 and the jury concluded 3M was liable for 62% of the alleged damages and the plaintiff was responsible for 38% of the damages. This reduced the compensation paid by 3M to $1.7 million.
Trial Number 2
In May 2021, the second hearing found in favor of 3M against a plaintiff alleging the earplugs caused their hearing loss. In the ruling, 3M was found not liable or negligent in selling the earplugs to the armed services.
Trial Number 1
In April 2021, 3M was ordered to pay $6 million to the plaintiff.
Primary Allegations Against 3M in Earplug Lawsuits
Tinnitus is a condition where the patient experiences ringing or noise in one or both ears, even in the absence of noise in the environment. People who work in a noisy environment have a high risk of developing tinnitus.
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.
Tinnitus rates continue to increase among active military personnel. A study conducted in 2019 by the South Texas VA Health Care System in association with the University of Texas at San Antonio reviewed more than 85,000 medical records. The study revealed tinnitus statistics rose by 300% between 2001 and 2015. According to the study’s results, 6.3 out of every 1000 active-duty personnel had tinnitus in 2015.
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
3M acquired Aero technologies, the original manufacturer of the CAEv2 earplugs, in 2008. The earplugs are designed to protect the ears without impeding communication. The U.S. military purchased hundreds of thousands of these earplugs between 2003 and 2015. However, in 2016, lawyers filed a lawsuit against 3M on behalf of the United States government. The lawsuit claimed that the company intentionally sold defective earplugs to the military. In the long run, 3M was directed to pay $9 million to the Department of Justice to settle the lawsuit filed by a whistleblower that year.
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.
