3M Earplug Lawsuit

3M Earplug Lawsuit Settlement Updates

• August 2023 Update: A 3M earplug lawsuit settlement was reached on August 28, 2023, providing roughly $6 billion in funds to resolve allegations raised in more than 250,000 lawsuits filed by U.S. military personnel who claimed the defective 3M earplugs caused them to develop permanent hearing problems. The agreement encompasses $5 billion in cash and $1 billion in 3M stock, with disbursements set from 2023 through 2029.

3M Earplug Lawsuit Overview

Millions of 3M Combat Arms Earplugs, Version 2 (CAEv2) have been sold to the U.S. Government, which were standard military issue equipment for all service members between 2003 and 2015.

These military earplugs are “dual-ended” or “reversible”, featuring one end that is olive/dark green/brown and acts like a traditional earplug, blocking all sound. The other end is yellow and provides “non-linear” or “selective attenuation”, which is intended to block loud impulse sounds of battlefield explosions or artillery fire, while allowing the user to hear quiet noises, such as spoken commands or enemy combatants.

According to allegations raised in 3M earplug lawsuits filed by former service members, the manufacturer knew for years that it was selling defective military earplugs that were too short to properly fit the ear canal. This decision to place profits before the health and safety of users has left military service members with permanent hearing loss and tinnitus.

Who is Eligible for a 3M Earplugs Lawsuit Payout?

Financial compensation from a 3M earplug lawsuit settlement has been made available for individuals who;

• Served in the Military Between 2003 and 2015 and were Issued Dual-End or Reversible Combat Arms Earplugs (CAEv2),
• AND Diagnosed with Hearing Loss or Tinnitus (Ringing in Ear)

Common Symptoms of 3M Earplug Injuries

Nearly three million U.S. veterans currently receive benefits for hearing loss or tinnitus (ringing in the ears). Symptoms may include:

• Listening to television and radio at high volumes
• Trouble understanding speech, particularly in noisy environments
• Often asking people to repeat themselves
• Needing a hearing aid

Will a Military Earplug Settlement Impact My VA Benefits?

No. Receiving a 3M earplug lawsuit payout will not impact VA disability benefits you are receiving, which are based on injury to the veteran and not income or financial need. If you are receiving VA benefits for hearing loss, payments will continue. If a large military earplug settlement or lawsuit payout is received, it may impact certain needs-based or income-based VA benefits and there may be lien obligations. However, you will still be eligible for VA coverage in the future.

The 3M military earplug lawsuits are being pursued against the manufacturer only, not the U.S. Government or any branch of service.

Latest 3M Earplugs Lawsuit Updates in 2023

August 2023 Update: Bloomberg News reports that a $5.5 billion 3M earplug settlement has been proposed, which would be paid out over five years. Details of any proposed fund have not yet been released.

June 2023 Update: In an important ruling, U.S. Bankruptcy Judge Jeffrey Graham issued an order dismissing the 3M earplug lawsuit bankruptcy filing on June 9, setting the stage for a stay on the litigation to be lifted and bellwether trials to get underway again. Last month, Judge Rodgers identified a group of 31 earplug lawsuits that will “soon” be remanded back to U.S. District Courts nationwide for individual trial date, and several large waves of claims could be ready for trial by the end of 2023. Aearo, 3M’s subsidiary has appealed the 3M earplug lawsuit bankruptcy dismissal to the Eleventh Circuit.

May 2023 Update: The U.S. Court of Appeals for the 11th Circuit heard oral arguments on May 1, regarding a challenge to early jury verdicts totaling $8.2 million awarded to four veterans. A day later, Judge Rodgers ordered that settlement talks between 3M and earplug hearing loss plaintiffs resume, indicating that both sides face “far more uncertainty than ever existed before”, warranting renewed exploration of whether a settlement can be reached.

January 2023 Update: After 3M earplug lawsuit settlement negotiations reached an “impasse”, Judge Rodgers terminated further court-ordered mediation efforts as the MDL, bankruptcy and various appeals proceed, which are likely to take several years to run their course.

December 2022 Update: After plaintiffs filed for a summary judgment, Judge Rodgers sanctioned 3M for an effort to claim it did not bear liability for 3M earplug injuries, barring the legal defense and declaring 3M Company had acted in “bad faith” after being hit with $300 million in earplug lawsuit jury verdicts during the bellwether trials.

November 2022 Update: Judge Rodgers has put in place a stay on the 3M earplug litigation, while ordering the parties to continue hearing loss settlement negotiations during any interlocutory appeal regarding 3M Company’s independent liability for defective Combat Arms earplugs developed by it’s now-bankrupt subsidiary. A group of veterans whose trials were set to be held in the first wave of cases remanded back to federal courts have filed a motion to have the 3M earplug lawsuit stay lifted.

3M Earplug Settlement With DOJ Over Fraud

The 3M earplug litigation first emerged after the U.S. Department of Justice announced a $9.1 million settlement with 3M Company over the Combat Arms earplugs in July 2018, resolving claims that the manufacturer committed fraud by knowingly selling defective earplugs to the government.

According to allegations raised in a complaint that led to this 3M earplug settlement with the U.S. government:

• 3M Combat Arms Earplugs were defectively designed, causing them to imperceptibly loosen in users ears over time, which was not disclosed to the U.S. government or military service members;
• False and inaccurate noise reduction ratings (NRR) for the earplugs were provided by 3M Company, which employed testing methods that did not comply with required or accepted standards;
• Earplug noise reduction ratings listed on the packaging materials and instructions failed to accurately reflect the true level of hearing protection provided.

The Justice Department alleged that the earplugs were too short to fit in many ears and imperceptibly would move out of place, making them ineffective. In addition, critics say neither 3M nor Aearo provided proper use instructions to soldiers, which should have told the wearers to fold back the flanges on the open end of the plug before inserting the closed end into their ears so that they properly fit.

Is there a 3M Earplug Class Action Lawsuit?

Following the controversial allegations raised in the U.S. Department of Justice investigation, a number of 3M earplug class action lawsuits and individual hearing loss lawsuits were filed throughout federal courts by former and active military service members.

By May 2021, more than 600 cases had been filed in U.S. District Courts nationwide, which prompted the U.S. Judicial Panel on Multidistrict Litigation to establish coordinated pretrial proceedings in the federal court system. All 3M earplug claims have been centralized before U.S. District Judge Casey Rodgers in the Northern District of Florida for common discovery and pretrial proceedings, where the litigation has been managed in a manner similar to a 3M earplug class action lawsuit. However, each claim remains an individual lawsuit, where plaintiffs must established that their hearing loss was caused by the 3M earplug.

By October 14, 2022, the JPML reported that at least 320,638 former and current military service members who suffered hearing damage were pursuing damages against 3M. However, some of those claims were subsequently dismissed due a lack of medical evidence or proof of military service.

3M Earplug Lawsuit Payout Amounts Awarded by Juries

Between March 2021 and May 2022, a series of early “bellwether” trials were scheduled by U.S. District Judge Casey Rodgers, to help the parties gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the litigation.

A series of 16 jury trials were held, involving 19 separate plaintiffs. 3M lawsuit payouts were awarded in 10 of the cases, with damages of nearly $300 million returned over the failure to disclose known safety defects with the earplugs

Below is a guide to the 3M earplug verdicts returned so far, which have sent a strong signal about the extent of liability the manufacturer and the amount it may have to pay to settle 3M earplug lawsuits brought by service members with hearing loss and tinnitus.

In April 2021, the first Combat Arms hearing loss bellwether trial ended in a $7.1 million verdict for three veterans who suffered hearing damage due to the defective design of the earplugs. A number of trials have followed since, with $8.2 million in damages awarded to a veteran in September 2021, a $13 million verdict awarded in November 2021, and a $22 million verdict awarded in December 2021.

In late January 2022, a jury awarded the largest verdict yet, $110 million to two veterans who suffered hearing loss and tinnitus. In late March 2022, 3M lost two cases on the same day, with jury awards totaling $58 million returned. In late April 2022, another U.S. Army veteran was awarded $2.2 million for hearing loss damage linked to the earplugs. The final bellwether trial ended in a $77.5 million verdict in May 2022, resulting in a total of nine losses and six defense verdicts for 3M.

Judge Rodgers has ordered the parties to prepare several large “waves” of 3M earplug cases for remand to U.S. District Courts. However, a stay on those proceedings was issued in late 2022, while 3M Company pursues an interlocutory appeal to the Eleventh Circuit.

How Long Will It Take To Get a 3M Lawsuit Settlement?

Although juries have sent a strong message to 3M Company about the extent of liability it faces if each individual case goes to trial, former veterans left with hearing loss have not been offered individual earplug settlement amounts. After initially appearing that the parties were making progress toward resolving claims in late 2022, the court declared that settlement negotiations were at an “impasse” in early early 2023 and it is unclear how long it may take before the 3M lawsuits settle.

Following early 3M earplug trials in 2021 and 2022, Judge Rodgers ordered the parties to engage in a series of 3M lawsuit settlement talks. However, rather than making a good faith attempt to settle cases, the manufacturer announced that its wholly owned Aearo Technologies subsidiary was filing for Chapter 11 Bankruptcy in July 2022. The parent company unilaterally proposed a $1 billion 3M earplug settlement fund, which would have provided unacceptably low recoveries for veterans.

In August 2022, a bankruptcy judge rejected the attempt to delay the litigation and force settlement negotiations into the bankruptcy proceedings, finding that 3M must continue to face earplug lawsuits while it’s Aearo subsidiary goes through Chapter 11.

In September 2022, Court ordered that the parties resume 3M earplug settlement negotiations, and at least two mediation sessions were held with Special Master Randi Ellis, which Judge Rodgers has described as “worthwhile and productive”.

Following a failure to reach any agreement to settle 3M earplug lawsuits, Judge Rodgers terminated further court-ordered mediation efforts in January 2023, indicating that the MDL will resume efforts to prepare large groups of cases to be ready for remand to U.S. District Courts nationwide as soon as practical after pending appeals are resolved in late 2023 or 2024.

3M Earplug Lawsuit Examples

As a result of the manufacturers’ failure to properly test the effectiveness and fit of Combat Arms earplugs, lawsuits have been filed to obtain financial compensation for military personnel who were left with hearing loss or tinnitus.

Many of the lawsuits claim If proper testing had been conducted and adequate warnings provided about problems with the earplugs, it is unlikely they would have been standard issue to military personnel, and hundreds of thousands, potentially millions, of cases of hearing damage could have been avoided.