First 3M Earplugs’ Landmark Trial Nearing Conclusion

First 3M Earplugs’ Landmark Trial Nearing Conclusion

Introduction

The soon-to-be concluding 3M earplugs trial will impact settlement negotiations if any or affect the proceedings of hundreds of thousands of 3M combat arms earplugs lawsuits pending across the United States.

On March 29, the first 3M combat arms earplugs trial started in Florida federal court involving allegations made by three military veterans each facing hearing loss after using the 3M earplugs. The landmark trial is expected to conclude before May. Though the result of this trial will not hold an obligation on other cases, it will be closely monitored by the parties as it would influence settlements for veterans, helping avoid the need for individual trials nationwide in the coming years.

3M Company, the manufacturer of combat arms earplugs, currently faces nearly 230,000 product liability lawsuits. The Combat Arms Earplugs Version 2 (CAEv2) were manufactured by Aearo Technologies, Inc. prior to being taken over by 3M in 2008. The dual-ended 3M CAEv2 combat earplugs served as a standard form of military hearing protection in foreign conflicts for more than a decade, from 2003 to 2015. However, lawsuits started being filed when 3M earplugs failed to provide adequate protection to military personnel thereby resulting in permanent hearing loss.

When the Justice Department brought charges of fraud over the same problem, 3M reached a $9 million settlement without admitting liability over the earplugs with the federal government. 

U.S. District Judge Casey Rodgers is presiding over the coordinated discovery of federal multidistrict litigation (MDL N0. 2885), established in the Northern District of Florida.

In addition to the first trial, 3M will also face additional cases that will be overlooked by different juries on May 17, 2021, and June 7, 2021, which involve similar claims and allegations. 

According to several lawsuits filed, the defective military earplugs cause two primary medical issues, tinnitus and hearing loss, mostly among veterans in the Navy and Air Force. The product was discontinued in 2015. If 3M Company decides to settle, it could prove to be one of the largest mass tort settlements witnessed in the country's history.