The Latest News in the 3M Ear Plug Mass Tort Case:
In the U.S., we like to think that we provide the military with the best possible protection and equipment, whether they’re heading off to war or training. Unfortunately, that’s not what happened with earplugs manufactured by 3M and provided to service members by the U.S. Army from 2007 to 2013.3M now faces the largest consolidated federal mass tort case in U.S. history, with more than 250,000 claims from veterans and service members. Plaintiffs allege that the Combat Arms Earplugs, Version 2, had design flaws that 3M tried to hide by fudging test results and failing to provide proper instructions for their use. Most recently, 3M lost the seventh case against it to go to trial, resulting in $800,000 in compensatory damages and $12 million in punitive damages million awarded against 3M.
The U.S. Government’s Settlement with 3M
In 2018, the U.S. government negotiated a settlement with 3M after alleging that 3M sold its earplugs to the Army, knowing that they were defective. Using the qui tam provision of the False Claims Act, an anonymous whistleblower filed a lawsuit against 3M, initiating the claim and 3M eventually agreed to pay the U.S. government $9.1 million. While the settlement was a good first step, it didn’t compensate the many veterans and active-duty service members with hearing loss and damage because of 3M’s defective earplugs.
The Lawsuits Verdicts So Far
While 3M faces more than 250,000 plaintiffs in a consolidated case, several claims against it have already gone to trial. Although 3M won three of the seven bellwether cases against it so far, in the other four trials, juries have awarded plaintiffs $30 million in compensatory and punitive damages so far. The most recent verdict awarded the plaintiff a combined $13 million in damages. 3M called its loss “disappointing” and stated that it would appeal, but we can probably expect more verdicts against the company as more claims go to trial.If you or someone you love suffered hearing loss after using the Army-supplied 3M earplugs, we may be able to help. Call the Madeksho Law Firm at 1-888-910-6376 or fill out our online form. Your first consultation is free, and you won’t pay anything unless we recover compensation on your behalf.
