Veterans Sought 3M’s Independent Liability In Earplug Suits

Veterans Sought 3M’s Independent Liability In Earplug Suits

Introduction

A group of veterans pursuing lawsuits over hearing injuries caused by 3M Combat Arms earplugs filed a motion for summary judgement, asking the U.S. District Judge presiding over the litigation to establish that 3M Company bears full and independent liability for problems caused by the earplugs, even after its wholly owned subsidiary, Aearo Technologies, filed for bankruptcy.

More than 250,000 service veterans are seeking 3M earplug claims after suffering severe hearing loss and tinnitus damage as a result of using the earplugs, which were standard issue equipment prior to all deployments between 2004 and 2015.

Each action alleges that the reversible Combat Arms earplugs provided to the United States military by 3M Company and its Aearo Technologies business were defectively built and did not offer proper ear protection for service personnel.

Plaintiffs claim that 3M Company is suddenly attempting to argue that it does not have an independent obligation for earplug-related injuries after more than three and a half years of litigation, including at least 19 bellwether judgments and millions in damages given by juries.

Hundreds of plaintiffs included in the first wave of claims being prepared for remand to U.S. District Courts nationwide in the coming months have asked the Court to clarify the scope of 3M Company's liability for injuries related to Combat Arms earplugs, both before and after 3M acquired Aearo Technologies in 2008.

The lawsuit arose after 3M Company negotiated a $9.1 million settlement with the Department of Justice in July 2018 to address claims that the company intentionally provided faulty earplugs to the US government for years that were too tiny to effectively seal the ear canal.

As a result of those discoveries, military veterans suffering from hearing loss and tinnitus began suing 3M and its Aearo Technologies business directly, claiming that the company prioritised profits over the safety of service members.

Given the common issues of fact and law raised in claims brought throughout the federal court system, all 3M earplug hearing loss lawsuits were consolidated as part of an MDL (multidistrict litigation) in early 2019, which is centralised before the United States District Court for the Northern District of Florida for coordinated discovery and pretrial proceedings.