3M Combat Earplugs Lawsuit Overview
The 3M Combat Earplugs lawsuit involves over 230,000 veterans who allege hearing impairments associated with defective military earplugs.
According to a CBS News report, military veterans across the U.S. who used 3M Earplugs have complained of problems including tinnitus, permanently lost hearing, and the need for a hearing aid [1].
These lawsuits claim that 3M's Combat Arms Earplugs (CAEv2) were too short to properly insert into users' ears, causing them to gradually loosen and failing to protect service members' hearing.
Between 2003 and 2015, these earplugs were standard issue to U.S. military personnel deployed to Iraq and Afghanistan, and in 2018, 3M paid $9.1 million to resolve allegations that it knowingly sold defective earplugs to the military.
Latest 3M Earplugs Lawsuit Updates
- August 2023: 3M has agreed to a $6 billion settlement to be paid over 2023 to 2029, with an option to pay up to $1 billion in 3M stock or cash, depending on achieving a 98% participation level among claimants [2].
- June 10, 2022: Judge Rogers ordered 3M and plaintiffs' attorneys to begin mediation talks, stating that the MDL is at a "critical juncture." After 16 bellwether cases involving 19 plaintiffs have been tried, the judge implied that all necessary evidence has been presented to predict future litigation outcomes. The parties in the 3M MDL were required to begin meeting by July 15, 2022 [3].
- 2021-2022: In the 16 completed bellwether trials, juries found 3M 100% liable for hearing damage in nine cases, partly responsible in one case, and cleared the company of liability in six cases. Juries awarded 13 plaintiffs in the bellwether trials $300 million in damages [3].
- Florida Bellwether Trial: A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging hearing loss from defective 3M earplugs. This case was the 16th bellwether trial in the multidistrict litigation [4].
- Previous Trials: The first 3M lawsuit to proceed to trial involved three plaintiffs and ended in a $7.1 million verdict. In the third bellwether trial, the jury found the company over 60% responsible for the veteran's hearing loss and awarded the plaintiff $1.7 million in compensation [5].
Government contractors who seek to profit at the expense of our military will face appropriate consequence."- Chad Readler, Acting Assistant Attorney General of the U.S. Justice Department’s Civil Division.
FDA Reports and Statistics
The U.S. Food and Drug Administration (FDA) does not oversee or report on litigation related to military equipment such as the 3M Combat Arms Earplugs.However, the 3M earplug lawsuits have resulted in significant legal and financial developments, such as:
- 3M agreed to pay $6.01 billion to settle lawsuits filed by U.S. service members and veterans who suffered hearing injuries, including hearing loss and tinnitus, allegedly due to defective Combat Arms Earplugs manufactured by 3M and its subsidiary, Aearo Technologies.
- Over 249,000 claimants had registered to participate in the settlement, with more than 41,000 claims dismissed by the courts. The settlement is expected to achieve over 99.9% participation.
- The $6.01 billion settlement includes $5 billion in cash and $1 billion in 3M stock, with payments scheduled from 2023 through 2029.
- 3M faced over 260,000 lawsuits consolidated in multidistrict litigation (MDL) in the Northern District of Florida. The company lost 10 of 16 bellwether trials, resulting in jury awards totaling more than $250 million to plaintiffs.
- 3M's subsidiary, Aearo Technologies, filed for bankruptcy in July 2022. However, a federal judge dismissed the filing, stating it was not justified by Aearo's financial situation.
- 3M agreed to pay $9.1 million to the U.S. government to resolve allegations that it knowingly supplied defective earplugs to the military, without admitting liability.
3M Combat Earplugs Injuries & Side Effects
Veterans who used 3M Combat Arms Earplugs have reported significant hearing-related injuries that have severely impacted their quality of life and ability to function normally.
- Hearing Loss: Permanent condition often requiring hearing aids, ranging from partial to complete loss of hearing ability.
- Tinnitus: Intermittent or continuous ringing, hissing, clicking, buzzing, roaring, or whistling in the ears that can be debilitating [6].
- Sleep Disturbances: Difficulty sleeping due to persistent noise in ears.
- Concentration Problems: Inability to focus due to distracting ear noises.
- Emotional Distress: Anxiety and mental health issues resulting from chronic hearing problems.
3 Myths About 3M Earplug Lawsuits
Having the potential to be one of the biggest litigations in recent history, social media has exploded with information and misinformation about the case.
Here are 3 of the most common misconceptions:
1. The $9.1 Million will be Distributed Among the Injured Military Members – FALSE
The $9.1 million settlement noted above was a False Claims Act settlement between 3M and the United States Government to resolve allegations that it knowingly sold the dual-ended earplugs to the U.S. Military without disclosing the defects.
The government filed suit against 3M alleging that as a government contractor, the company sold them defective combat earplugs and that the defect was not disclosed to the military.
The settlement from that lawsuit will go to the government and the whistleblower, but will not be distributed between the servicemen and women who were injured by the earplugs.
In the current litigation against 3M, veterans and active-duty members who used the combat earplugs and who were harmed as a result are suing 3M to recover for those injuries.
This lawsuit will not involve dividing up the $9.1 million, but rather each service member affected due to the earplugs has their case against 3M.
2. The Lawsuit Against 3M is Classified as a Class Action – FALSE
The current litigation is multidistrict litigation (MDL), which is when individual mass tort matters are consolidated to speed up the processing and information gathering.
Class action lawsuits are different from MDLs in several ways.
The most important difference is that in an MDL each plaintiff (here, the service members) will have their lawsuit against 3M.
In class action lawsuits, every plaintiff is involved in a single lawsuit.
As a plaintiff in an MDL case, you have more control over what happens.
MDLs exist and are designed to consolidate hundreds, sometimes thousands, of similar cases in front of one federal court for efficiency’s sake.
Florida Jury Awards Soldier $1.7 Million Settlement Compensation in 3M Earplug Lawsuit
A federal jury in Pensacola, Florida, has awarded $1.7 million to former soldier Lloyd Baker in the latest 3M Earplug lawsuit to reach the mass tort settlement phase, according to the Star Tribune [7].
The jury ruled in favor of Baker, of Wyoming, on his "failure to warn" claim about the hearing protection earplugs' risks, holding 3M 62% liable for Baker's hearing damage and Baker himself 38% liable, meaning he will receive closer to $1.1 million.
Baker is just one of more than 230,000 military active duty and civilian government employees who have sued 3M over partially lost hearing and tinnitus claims from defective protective earplugs.
Related Articles:
- 3M Earplug Lawsuit Settlement for Veterans
- 3M Earplug Lawsuit Payout
- Hearing Loss Settlement Amounts
3M Earplugs Recall Information
While not a formal recall, 3M announced in 2015 that it would discontinue the Combat Arms Earplugs. This came after years of selling these products despite alleged knowledge of defects.
The legal issues began when 3M settled a whistleblower suit in 2018 for $9.1 million.
The suit claimed Aearo (acquired by 3M in 2008) knew about "dangerous design defects" in its earplugs in 2000 but continued to sell them to the military through 2015.
Affected products included:
- Combat Arms Earplugs Version 2 (CAEv2)
- Dual-ended earplugs manufactured and sold between 2003-2015
Ohio Army Vet Sues 3M For Defective Earplugs
A retired U.S. Army sergeant from Toledo, Ohio, has filed a products liability lawsuit against the 3M Company for providing the military with defective earplugs for at least 12 years, according to NBC 24 [8].
Since using the product, Plaintiff Tim LeDoux has suffered hearing damage for more than a decade, according to the suit.
It's a light ringing. As we're talking right now, users' ears ring. It'll never go away. I'll never know what it's like to have true peace or silence. - Plaintiff Tim LeDoux.
Ex-Marine Sues 3M for Selling Defective Earplugs to Military
Plaintiff Kevin Doyle was issued 3M Combat Arms Earplugs while he was deployed overseas in the Army, according to NationofChange [9].
In 2014, Doyle was diagnosed with bilateral tinnitus and lost hearing in his right ear. Before he joined the military, Doyle had no history of ear problems or hearing loss.
“Based on the supposed technological design and qualities of the Combat Arms Earplugs, (Defendants won) a series of Indefinite-Quantity Contracts (ICQs) to be the exclusive supplier of selective attenuation earplugs to the U.S. military between 2003 and 2012.To win these ICQs Defendants represented that the Combat Arms Earplugs would meet specific performance criteria established by the U.S. Government as a prerequisite for bidding on the IQC for earplugs.”- The Plaintiff's Complaint Statement.
The lawsuit alleges that 3M and Aearo knew the earplugs were defective and falsified test results to acquire the contract with the U.S. military.
Statute of Limitations for 3M Earplugs Lawsuits
The specific statute of limitations varies by state, but generally, veterans have a limited time to file claims. The article notes that you "may only have a limited time to file your claim against 3M."
Many personal injury cases have a statute of limitations of 2-3 years from when the injury was discovered or should have been discovered.
Given the ongoing nature of the litigation and settlement announcements, veterans with hearing issues should consult an attorney as soon as possible to determine if they can still file a claim.
Related Article: 3M Hearing Protection Lawsuit
References:
- https://www.cbsnews.com/news/military-veterans-claim-defective-3m-earplugs-caused-hearing-loss/
- https://news.3m.com/2023-08-29-3M-Announces-Combat-Arms-Settlement,1
- https://medtruth.com/articles/legal-developments/judge-orders-mediation-talks-in-3m-earplug-mdl/
- https://www.jdsupra.com/legalnews/final-bellwether-3m-earplug-trial-ends-5678104/
- https://www.3mearplugsfacts.com/Update-on-the-third-CAEv2-bellwether-trial
- https://www.mayoclinic.org/diseases-conditions/tinnitus/symptoms-causes/syc-20350156#
- https://www.startribune.com/jury-rules-against-3m-in-third-trial-over-military-earplugs/600070452/
- https://nbc24.com/news/local/local-army-veteran-files-lawsuit-against-3m-for-faulty-combat-earplugs
- https://www.nationofchange.org/2019/10/10/ex-marine-sues-3m-for-selling-defective-earplugs-to-military/
