Plaintiffs Win Third 3M Earplug Bellwether Trial

In April 2021, the Florida court system heard a series of lawsuits against 3M, a multinational healthcare and consumer goods corporation. In one of the largest-ever class-action lawsuits in the U.S., more than 200,000 veterans accused 3M of knowingly selling defective earplugs to the military.

The plaintiffs in these lawsuits claimed 3M’s dual-ended Combat Arms™ Earplugs Version 2 (CAEv2) did not maintain a proper seal in the ear canal, and military personnel who used the CAEv2s suffered hearing loss as a result.

Government data shows hearing loss is the most common service-related disability for military veterans, with more than 1 million veterans currently receiving compensation for hearing loss injuries. Service members used 3M’s earplugs to reduce the risk of this common injury.

Court documents reveal 3M’s earplugs were allegedly slightly too short and had a tendency to subtly lose suction in the ear. This made the CAEv2s ineffective against harmful noises and left veterans’ ears mostly unprotected.

Recent federal cases in Pensacola, Florida, involving several veterans’ earplug injury claims have been regarded as “bellwether” trials, which are trials that serve as indicators for future trends. Observers suggested the outcome of these trials would likely affect thousands of similar cases to come.

The Wall Street Journal had opined 3M would probably experience “building momentum and pressure to settle” if the veterans were victorious in court. Meanwhile, a win on behalf of 3M would likely delay any serious resolution to the matter.

In June 2021, a conclusion came in the form of two significant losses for 3M. After the first trial, three veterans were awarded a verdict of $7.1 million. The jury found 3M knew their earplugs were defective and still provided them to military members, who suffered “life-altering injuries.”

In another case, a federal jury determined that 3M failed to provide proper safety warnings to users of its earplugs. The jury concluded that the company was 62 percent liable for one veteran’s hearing loss injuries, valued at $1.7 million.

3M is still facing thousands of claims from military service members and veterans who were harmed due to the company’s negligence. Gartlan Injury Law wanted to provide this update to keep our clients informed.

Gartlan Injury Law Handling 3M Earplug Claims

Hundreds of thousands of members of the U.S. military that deployed to Iraq and Afghanistan were issued CAEV2s as hearing protection from 2003 to 2015. Because of the earplugs’ design flaw, some users developed hearing loss, tinnitus, ringing in the ears, and loss of balance.

Gartlan Injury Law continues to review potential earplug injury claims for military service members and veterans from Fort Rucker and elsewhere in Alabama who have suffered hearing loss or deafness related to defective 3M Combat Arms earplugs.

As a former field artillery sergeant, attorney Aaron Gartlan recognizes the importance of reliable hearing protection. He also firmly believes that military contractors who sell defective products or fail to disclose safety issues with products should be held fully accountable.

Since the litigation began a year and a half ago, the legal team of Gartlan Injury Law has registered its clients’ defective earplugs claims with the Court and has been working toward resolving the pending claims. Numerous 3M documents have been reviewed, more than 24 experts have been deposed, and dozens of 3M witnesses have been deposed.

If you were issued 3M Combat Arms Earplugs while serving in a war zone or stateside and have since been diagnosed with hearing loss, you may be entitled to file a claim and seek compensation.

Earlier 3M Settlement Set Stage for Earplug Hearing Loss Claims

In 2008, 3M Company became a giant in the military earplug market when it bought Aearo Technologies, the developer of the CAEv2.

The green and yellow earplugs were issued to hundreds of thousands of service members to protect their hearing during combat in Afghanistan and Iraq and during training exercises at U.S. posts.

The hundreds of thousands of veterans’ earplug lawsuits followed 3M’s settlement of a 2018 whistleblower suit in which a rival earplug maker claimed Aearo knew about “dangerous design defects” in 2000. 3M paid a $9.1 million penalty to settle allegations that it knowingly sold the dual-ended CAEv2s to the U.S. military without disclosing design defects. As part of the settlement, 3M did not admit liability.

That settlement opened the door for veterans to file individual claims against 3M and Aearo. There are more than 230,000 claims currently pending.  Plaintiffs allege the company intentionally hid design flaws, misrepresented test results, and neglected to prove property safety or usage instructions for the earplugs.

“The number of earplug plaintiffs dwarfs those currently alleging harm from any other product or drug, including weedkiller, baby powder, and blood thinners,” says The Wall Street Journal (WSJ), referencing other high profile product liability cases.

Veterans Claim Earplugs Were Defective

The earplugs’ design reflected features the military requested, 3M says in its defense. The U.S. government not only had input in the product’s creation but also was responsible for training soldiers to use them, 3M says.

3M says the U.S. Army asked Aearo Technologies to shorten the first-generation plugs “so they would fit in a standard-issue military carrying case.” 3M claims it informed the military of Aearo lab tests that revealed that the shorter earplug didn’t always function properly unless inserted in a particular way. This made it the military’s responsibility to train soldiers to properly insert the earplugs, 3M argues.

The U.S. Army is not a party to the lawsuits and the Defense Department has declined to comment on ongoing litigation, according to the WSJ.

In a 2018 report, the Army concluded that, had the government known about Aearo’s tests, it may not have purchased the CAEV2 earplugs.

Henry Blair, a professor at Mitchell Hamline School of Law in St. Paul, Minn., told the Minneapolis Star Tribune that the more variance in bellwether trial outcomes, the more difficult it will be to settle the case. But ultimately, “they always settle around the bellwether,” he said.

Call Gartlan Injury Law

Our team is constantly monitoring developments in 3M earplug cases and bellwether trials for other class-action claims. If you believe you have grounds for a lawsuit against 3M or another negligent manufacturer, we can help you evaluate your claim, represent you in any mass-tort actions, and keep you updated on any progress.

If you are a Gartlan Injury Law client, it is important that we have your current contact information. If you receive a call from Gartlan Injury Law or Heninger Garrison Davis Law Firm, please take the call.

If you have questions about a pending claim or your experience with Army-issued earplugs and hearing loss, call (334) 600-1393 or contact Gartlan Injury Law through our online contact form.