3M Files Appeal to Overturn Combat Arms Earplug Lawsuit Bankruptcy Ruling
Appeals court has been asked to stay all lawsuits against 3M Company, while its Aearo subsidiary goes through a controversial Chapter 11 bankruptcy.
3M Company is asking a U.S. appeals court to overturn a Federal bankruptcy judge’s decision to allow litigation to move forward in hundreds of thousands of Combat Arms earplug lawsuits, which are being pursued against the company by veterans left with hearing damage.
More than 230,000 U.S. military veterans are currently pursuing a product liability lawsuits after being left with hearing loss or tinnitus following military service, where they were provided 3M Combat Arms Earplugs as standard issue equipment before deployments between 2004 and 2015. Plaintiffs allege that the earplugs were sold to the U.S. government with a known design defect, which left veterans without adequate ear protectors during combat and training exercises.
The Combat Arms Earplugs version 2 (CAEv2) were initially developed by Aearo Technologies, which was acquired 3M Company in 2008. 3M Company “upstreamed” the entire Aearo hearing protection business into itself, and continuing to sell the defective earplugs without warning about known problems that caused them to commonly fall out of the ear canal.
Given common questions of fact and law raised in the litigation, all lawsuits over hearing loss caused by the military earplugs have been centralized for the past three and a half years before U.S. District Judge Casey Rodgers in the Northern District of Florida, as part of an MDL or multidistrict litigation.
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Learn MoreThroughout the proceedings, 3M Company has defended the cases brought against both itself and its Aearo subsidiary, never raising any arguments during at least 16 trials that suggested it is not jointly responsible for the design. However, after a number of juries hit the companies with massive verdicts, and facing thousands of additional claims being prepared for trial, 3M Company has made the controversial decision to place Aearo Technologies into bankruptcy, and is attempting to argue that the multi-billion dollar parent company can not be independently held responsible for hearing loss caused by products it sold and profited from for years.
In August, U.S. Bankruptcy Judge Jeffrey J. Graham refused to grant 3M a stay in the litigation despite the bankruptcy filing, indicating the litigation can continue against 3M, despite the bankruptcy filing by Aearo. Judge Graham said Indiana’s bankruptcy laws, where the bankruptcy case is located, does not allow such a pause in the litigation in this case, since 3M Company is also named as a defendant in the litigation.
3M Appeals Combat Arms Lawsuit Bankruptcy Ruling
On December 12, 3M, through its Aearo subsidiary, filed an opening brief (PDF) with the U.S. Court of Appeals for the Seventh Circuit, calling for Judge Graham’s decision to be overturned.
In the brief, Aearo argues that the judge’s decision was contrary to bankruptcy decisions by the Seventh Circuit in the past, by refusing to stay the litigation while Aearo reorganized its debt, without continuing to bleed millions of dollars into the litigation, both from jury verdicts and the other legal costs.
“These are precisely the circumstances where the automatic stay applies or a preliminary injunction is warranted—either of which will increase the likelihood of a speedy reorganization benefiting all stakeholders, including every claimant entitled to compensation,” the brief states. “Accordingly, the Court should reverse the bankruptcy court and stay or enjoin the CAEv2 litigation against 3M.”
However, critics suggest that the 3M bankruptcy maneuver was done in bad faith, as part of an effort to force injured veterans to accept only pennies on the dollar for the true cost of injuries, by forcing claims through the U.S. bankruptcy process.
December 2022 3M Earplug Lawsuit Update
Recently, 3M has taken the stance that it can not be held independently liable for the earplugs developed by Aearo, which plaintiffs lawyers have called an absurd position and the U.S. District Judge presiding over the litigation has suggested is not being a position taken in good faith.
In early October, hundreds of plaintiffs included in a first wave of claims being prepared for remand to U.S. District Courts nationwide in the coming months filed a motion for summary judgment against 3M, seeking to prevent the company from now arguing that it is not independently liable for the earplug-related injuries.
Shortly after, Judge Rodgers issued an order pausing all deadlines in the four 3M earplug lawsuit waves of cases being prepared for remand and trial until the liability issues have been resolved. The tone of the response suggested she would be unlikely to allow 3M to use this liability shield at this point in the litigation. However, a stay was issued to allow an appeals court to adjudicate the issue before more individual cases are set for trial.
Even though the litigation will be mostly on pause and 3M Company will not face the impending pressure of additional jury verdicts, Judge Rodgers ordered the parties to make a good faith effort in ongoing settlement negotiations, indicating the confidentiality of those discussions must be maintained.
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17 Comments
BillyJanuary 19, 2023 at 11:59 pm
Enough whining. We need to stop blaming. $70 million for hearing loss? Really? 3M probably made the armor that effectively prevented a shot to the heart from killing us. Did we put the ear plugs in right? Were we trained right? No hearing protection prevents hearing loss of heavy ammunitions. Being a whiner, finding blame is dishonest at best and cowardly at worst. A lot went wrong here and[Show More]Enough whining. We need to stop blaming. $70 million for hearing loss? Really? 3M probably made the armor that effectively prevented a shot to the heart from killing us. Did we put the ear plugs in right? Were we trained right? No hearing protection prevents hearing loss of heavy ammunitions. Being a whiner, finding blame is dishonest at best and cowardly at worst. A lot went wrong here and we are only making crooked lawyers rich. Knock it off.
KevinJanuary 17, 2023 at 5:04 pm
I agree with Matt that the attorneys fees are a bit steep in these cases, even though it is standard these days. Of course, it is better than receiving nothing.
19DJanuary 8, 2023 at 12:22 pm
I hate ranting about anything out of my controll. However If "only" we could be put in the same room as Mike ronan, I have a good feeling he'd make the right decision expeditiously!! Hang in there comrades!
MattDecember 28, 2022 at 12:46 pm
The problem is 3M has all these appeal rights. They are caught making unethical moves they should lose those rights to appeal. 4 years they did not even mention aero technologies company and magically when they file bankruptcy they pulled a Texas two step blaming a smaller company. The department of veteran affairs is just as bad with their appeals. My appeal claim is going on 5 years. I conside[Show More]The problem is 3M has all these appeal rights. They are caught making unethical moves they should lose those rights to appeal. 4 years they did not even mention aero technologies company and magically when they file bankruptcy they pulled a Texas two step blaming a smaller company. The department of veteran affairs is just as bad with their appeals. My appeal claim is going on 5 years. I consider all of our lawyers just as rotten as 3M. They don't care about veterans, they just want to steal 40% of our pain and suffering. If they are going to court in front of a jury for a couple weeks to represent me, I'm good with 40%. But if 3M offers a mass settlement, they get 40% for basically doing nothing. I'm the one that got injured, I'm the one that showed up to all my appointments and got witness statements, I cherry picked my medical record with relevant documents to save them work.
Darryl JeromeDecember 22, 2022 at 1:09 am
I agree with my fellow Brother and Sisters in Arms in that this entire procession is causing much consternation and acrimony. ...for the sake of not repeating nir coming across as insistently redundant; I can only appeal to the conscious acuity of 3m; with the understanding hope that those of whom wear the crown would come to the realization that enough is enough... Time to settle and move on.[Show More]I agree with my fellow Brother and Sisters in Arms in that this entire procession is causing much consternation and acrimony. ...for the sake of not repeating nir coming across as insistently redundant; I can only appeal to the conscious acuity of 3m; with the understanding hope that those of whom wear the crown would come to the realization that enough is enough... Time to settle and move on. ...not really aspirational, but a plea to do the right thing. I certainly believe there is a n Individual tasked with the duty of monitoring Forums such as this... Do the right thing by those adversely affected by 3m's shoddy product and (as much as possible) move on from this ordeal. It is in my opinion not going to bode well for 3m in the (hopefully not too long) future.
JosephDecember 20, 2022 at 3:01 pm
I have written this on others sites and I will say it hear. First of all, thank you fellow brothers and sisters for your service. Nothing will ever take away from the sacrifices you have given to this country; neither body or mind. This quote by George Washington applies directly to Purple Heart recipients, but applies to any Veterans that have been injured in servitude of their country, regardles[Show More]I have written this on others sites and I will say it hear. First of all, thank you fellow brothers and sisters for your service. Nothing will ever take away from the sacrifices you have given to this country; neither body or mind. This quote by George Washington applies directly to Purple Heart recipients, but applies to any Veterans that have been injured in servitude of their country, regardless if they got this award or not. "He who wears the Purple Heart has given of his blood in the defense of his homeland and shall forever be revered by his fellow countryman." If this is true, where is this compassion from this multi-billion dollar company? 3M had a revenue of $99 billion dollars in the last three years alone. They know they allowed the distribution of these earplugs with the faults and have ruined the hearing and lives of countless Veterans. We just want to be able to be compensated for the pain and suffering they have caused. Then maybe, just maybe, with a fair settlement, we can seek better health care options to perhaps not cure our ailments, but at least minimize its symptoms and allow us to lead some semblance of a normal life. Instead, their greed and refusal to do what is right by the brave men and women of this country elongates the time in which we must suffer while they enjoy their riches and basically laugh at us for wanting some sort of normalcy. Please 3M, do what is right. This countries Veterans chose that life to allow your freedoms to make this revenue. The least you could do is give back to those you injured. Thank you again Veterans. Thank you for your service.
DavidDecember 20, 2022 at 10:41 am
The only ones that win in these cases are the lawyers and they will drain this as long as they can. 3M will drag this out forever if given the chance. Time to get this settled.
GaryDecember 18, 2022 at 7:28 pm
i share the same thoughts of these veterans. I think its time someone step up for us veterans and not these big companies and lawyers.
DanielDecember 18, 2022 at 5:12 am
Where is the response of 3M that was due on December 5th 2022. I look for updates where is this update?
Unacceptably Taking too longDecember 17, 2022 at 3:21 pm
Why is the law set up to allow this to carry out for so many years? How is this fair for the injured? It’s like 3m can take as long as they want…months years weeks decades…when does it stop! The law should have a limit as to how much time this can go on. For example…..2 years should be the deadline with no exceptions especially if 3m has already admitted fault! At this point, what’s the reasoning [Show More]Why is the law set up to allow this to carry out for so many years? How is this fair for the injured? It’s like 3m can take as long as they want…months years weeks decades…when does it stop! The law should have a limit as to how much time this can go on. For example…..2 years should be the deadline with no exceptions especially if 3m has already admitted fault! At this point, what’s the reasoning behind dragging this out. This is only making the injured suffer longer.
JeremyDecember 17, 2022 at 3:29 am
I’m very disturbed by what 3M is trying to do. I went into Basic Training in 2003 a Junior in high school went to AIT in 2004. 13B Which is Artillery. Went to combat in 2008, was in long fire fights at 9000 feet in the mountains. Lost a Soilder on 9-11-2008 was hit with a rpg that knocked me out, was shot as I was falling. Received a Purple Heart. Had 500 lb laser guided missles danger close that [Show More]I’m very disturbed by what 3M is trying to do. I went into Basic Training in 2003 a Junior in high school went to AIT in 2004. 13B Which is Artillery. Went to combat in 2008, was in long fire fights at 9000 feet in the mountains. Lost a Soilder on 9-11-2008 was hit with a rpg that knocked me out, was shot as I was falling. Received a Purple Heart. Had 500 lb laser guided missles danger close that felt like a sonic boom and taking our breath away, our ears rang for hours. Have tinnitus, wear hearing aids from bi lateral hearing loss. My doctor said unfortunately it’s only going to get worse. I’m rated at 100% and receive Combat Related Special Composition pay, have my retired Army ID. I suffer from PTSD and Aniexty from not only what I seen in combat, what it has done to my lifestyle. I struggle daily, I have to see a dental specialist now because I cant take the drill noises. I have constant ringing in my ears, my ears have reverb. I cant sleep at night due to the stress, and my high alertness. It’s embarrassing to wear hearing aids, so I stay home and become trapped like I have not life outside my wife and kids. I have proven documentation on 100s of direct fire missions, everything including my higher command, psychiatrist. I’m ready to go to trail if 3M doesn’t give me a settlement offer for pain and suffering, damage. I have to thank all the support from my Attorney. No amount of money will fix my issues, and the stress and ect. I want to be compensated in a timely manner. If 3M CEO and higher had to live in my shoes, roles were reversed they would never understand the full amount of discomfort, hurt and stress this puts on a person’s life. I agree ask the attorney’s to ask us what we are will to take as a settlement or I’ll take my case to trial. I want to think every veteran for your service to our country, just know big corporate always wins. They don’t care about the ones that truly suffer. Thanks Watts Guerra for personally fighting for us. God Bless America 🇺🇸
ErikDecember 17, 2022 at 3:03 am
My life has been negatively effecting my home life, work, sleep and it's beyond what I can describe. I just want compensation for my hearing loss, ringing, and suffering. I mean I'm 37 and have hearing aids. And all they are concerned about is the shareholders!
TimothyDecember 16, 2022 at 10:53 pm
What gets me it took 3 years plus to file bankruptcy! And 3M owned the company in 2008 so after that it’s all 3M. And you ask your congressman to help and they say they can’t. But they give billions to other countries! Sad how veterans get next to nothing from our government. They should be at fault too. They gave us the ear plugs!
JohnDecember 16, 2022 at 9:18 pm
My ears ring constantly. It never ever stops. It's loud. It reduces my ability to socialize and participate in a real family life. I'm always on the periphery of things because I can't hear. I don't know that any amount of settlement money can make this right. My kids pretty much ignore me because I couldn't properly be a part of their lives. Tinnitus, hearing loss, and PTSD has ruined my life.
SpencerDecember 16, 2022 at 11:27 am
I believe 3M thinks their actions are clever and unnoticed; however, it is the complete opposite. We all clearly see what you are doing (including the Judges). "Let us file bankruptcy so that we can take care of those entitled compensation as quickly as possible". What they are really saying is, "let us file bankruptcy so that we can pay these injured veterans next to nothing allowing ourselves to[Show More]I believe 3M thinks their actions are clever and unnoticed; however, it is the complete opposite. We all clearly see what you are doing (including the Judges). "Let us file bankruptcy so that we can take care of those entitled compensation as quickly as possible". What they are really saying is, "let us file bankruptcy so that we can pay these injured veterans next to nothing allowing ourselves to continue to indulge in our (undeserved) wealth". 3M is solely about taking care of themselves and avoiding responsibility for their actions. 3M has tried anything they possibly can to derail this MDL. I didn't wake up last night when my 1 year old daughter was crying and needing help, because I cannot hear. My poor significant other is the one who always has to get up because I sleep through all cries and noises. I had no issues with my hearing prior to using the 3M combat arms earplugs version 2, now my life is ruled by hearing loss, tinnitus, and PTSD (which is triggered frequently by hearing loss and tinnitus). I appreciate Judge Rogers calling 3M's bluff. I appreciate Judge Graham denying a fortune 500 company the ability to file bankruptcy, and I pray that the U.S. Court of Appeals for the Seventh Circuit does not overturn Judge Graham's decision (I strongly believe they won't). I know that Judge Graham expected 3M to file an appeal (because again, they do everything they can to avoid responsibility of their despicable actions) so he was tactful about his decision, and the wording in the judgement documentation. Eventually, I believe 3M will pay the full price for their actions; knowingly releasing a faulty product and avoiding justice to those who have sacrificed so much. The number of veterans who have been injured from using this product is significant; knowing this and not jumping at the chance to do right is disgraceful.
DevonDecember 16, 2022 at 9:23 am
This is horrible. Why pay the government 9 million dollars if they did nothing wrong? Simply have the attorneys ask their clients what they will settle for. Then 3M and the other lawyers can sit down at meditations and decide if they will pay or counter offer. This is ridiculous.
SandersDecember 15, 2022 at 5:21 pm
Why don't judge Roger ask the lawyer how much they client will settle for. This has been going on for to long,I need that money Now!!!!