The 3M Company, a multinational conglomerated based in Minneapolis, Minnesota, and its subsidiary, Aearo Technologies, have faced thousands of lawsuits for their dual-ended Combat Arms Earplugs. In the lawsuits, active-duty soldiers and veterans have accused 3M of knowingly committing fraud against the military, failing to warn soldiers of the earplugs’ defects, and falsifying earplug test results, among other allegations.
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In 2016, Moldex-Metric Inc., a company that manufactures hearing protection products, filed a lawsuit against 3M, claiming the company committed fraud by knowingly selling defective earplugs to the U.S. military. The lawsuit stated that “protracted fraud perpetrated on the military by 3M, whose dual-ended Combat Arms earplugs…have likely caused thousands of soldiers to suffer significant hearing loss and tinnitus.” 3M admitted no wrongdoing but agreed to pay a $9.1 million settlement in July 2018.
3M and Aearo claimed the dual-ended design would allow soldiers to insert the olive side to protect against all sound. From 2003 to 2015, thousands of soldiers in war zones, such as Iraq and Afghanistan, used the Combat Arms Earplugs. Some of the long-term damage reported includes tinnitus (ringing in the ears), permanent hearing loss and damage, and issues with balance.
Combat Arms Earplugs were intended to block loud noises and the sounds of explosions while allowing soldiers to communicate with each other. The earplugs were purportedly too short to be able to adequately fit the ear. Over time, the device could become too loose to protect against hearing damage. Many service members contend the manufacturer led the government and soldiers to believe their hearing was protected from most potential damage during training or service when it wasn’t.
Hearing loss is unfortunately common among those who have served in the military. An estimated 50% of veterans return with some level of hearing loss, according to the U.S. Veterans Administration. As of 2017, over 2.7 million veterans were receiving disability benefits for hearing loss.
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3M Combat Arms Earplugs – Lawsuit Updates
November 2024
Out of the 391,462 3M Combat Arms earplug lawsuits filed in the Northern District of Florida as part of MDL (multi-district litigation) 2885, there are 148,528 currently pending. At this time, new cases are no longer being accepted by most lawyers. Because of bankruptcy filings and disagreements between 3M and plaintiffs over what can be considered a hearing injury, settlement discussions have slowed down.
October 2024
An agreement reached by the Combat Arms Earplugs Settlement Program is anticipated to impact 110,149 claimants whose injuries were treated using TRICARE benefits. Because TRICARE might have otherwise claimed liens against settlement awards, the agreement is believed to work in favor of impacted military personnel. In contrast to the previous case-by-case handling of TRICARE liens, the agreement aims to create a swifter and more equitable process. However, in order to satisfy TRICARE claims, each TRICARE beneficiary is asked to pay $49 from their award, in addition to a $5 administration fee.
September 2024
Delaware’s Superior Court denied 3M an immediate appeal in its insurance coverage dispute, potentially impacting the company’s ability to cover legal costs. The Plaintiffs’ Leadership sought confirmation of a 9% holdback on all recoveries for familiar benefit attorneys’ fees, with Special Master Herndon tasked to oversee the allocation process.
A motion was filed to prevent Washington’s Division of Child Support from interfering with settlement administration through broad information requests. The MDL shrunk by 20,000 cases, totaling 224,417 pending lawsuits. Judge Rodgers addressed the impact of lawsuit loans on settlement progress, ordering primary counsel to secure payoff amounts within 30 days.
August 2024
Case Management Order No. 94 deals with Extraordinary Injury Fund application fees in the 3M earplug case. The order outlines how to approach these fees and enables deductions from other settlement schemes if required. Law firms remain responsible for handling these funds appropriately, either for reimbursement to claimants or for forwarding to the Qualified Settlement Fund, depending on the EIF application decisions. However, the payout meter continues to rise, with victims receiving $1,381,237,619.
July 2024
3M paid out $500 million on July 16, bringing the total funding to $1.6 billion, with $700 million going to victims. Earlier in the month, $815 million of the $6 billion settlement had been distributed. Issues arose with the “ledgering process,” affecting compliance with the “50% rule” for claimant payments. 3M also secured $120 million from insurers to help cover the settlement. The number of active cases dropped from 247,640 in June to 237,907 in July, continuing the trend of declining case numbers as settlements progress.
June 2024
Judge Rogers announced no sanctions for firms failing to comply with CMO #91, while law firms addressed compliance issues with reasons such as misunderstanding and personnel errors. On June 4, Judge Rodgers emphasized the importance of proper client signatures for settlement program releases. The number of pending cases in the 3M earplugs MDL remained steady at 247,640. CMO No. 91 mandated 73 firms to submit detailed fee information by May 24, with six firms failing to meet the deadline, facing potential sanctions.
May 2024
3M and service members’ lawyers requested the dismissal of appeals as they finalize a $6 billion settlement. Judge Rodgers reported $701 million disbursed to 45,105 claimants. Over the past 30 days, 23,478 cases were dismissed from the MDL, reducing the total to 247,640. New directives were issued for disclosing third-party litigation funding agreements. About 40,000 3M earmuffs were recalled due to potential design flaws. A new case management order outlined the bulk submission process for claimants’ data and documents, ensuring efficiency in settlement submissions.
April 2024
The 3M MDL saw a reduction of 5,000 cases, now totaling 271,118 pending cases. Bloomberg reported that 3M’s Chief Legal Affairs Officer earned $6.7 million in 2023. 3M announced over 99% participation in the $6 billion settlement. Judge Rogers issued CMO No. 86, explaining the payment process for claimants. The deadline for correcting opt-out decisions was extended by 30 days. Plaintiffs were given ten days to complete registration packets. Judge Rodgers approved issuing $1 billion in unregistered stock as part of the settlement, with the stock’s value determined using a weighted average method.
March 2024
Judge Rogers issued CMO No. 86, detailing the award determination and payment process for claimants. 3M confirmed over 99% participation in the $6 billion settlement. Opt-outs have a 30-day extension to reconsider joining the settlement program. The submission of a Suggestion of Death is suspended for plaintiffs in the Settlement Program. In other developments, Bloomberg reported that 3M’s Chief Legal Affairs Officer earned $6.7 million in 2023. The MDL case count dropped to 276,568, reflecting ongoing settlement progress.
February 2024
Judge Rodgers extended deadlines for plaintiffs listed in CMO #57 to correct opt-out decisions and comply with submission requirements. An order was issued mandating the submission of Settlement Program Releases for verification. BrownGreer PLC replaced Archer Systems as the Settlement Administrator for the MDL. A motion was filed to extend the registration deadline for a claimant due to prison mail delays, showcasing the challenges faced by incarcerated claimants. These actions emphasize the ongoing efforts to streamline the settlement process and ensure compliance.
January 2024
Judge Rodgers approved the plan for 3M to use $1 billion in unregistered stock as part of the $6 billion settlement. The stock’s value will be determined using a weighted average method. BrownGreer PLC replaced Archer Systems as Settlement Administrator, effective January 26, 2024. The MDL case count stood at 276,568. Calls to law firms have increased, reflecting ongoing interest in the settlement. A new Paragard lawsuit was filed, and Judge Rodgers extended deadlines for plaintiffs to correct opt-out decisions and comply with submission requirements.
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FREQUENTLY ASKED QUESTIONS
What is a multi-channel approach in mass tort marketing?
A multi-channel approach in mass tort marketing involves deploying campaigns across various platforms such as digital, social media, and traditional media to ensure comprehensive market coverage and maximum engagement. This method leverages different channels to meet potential clients where they are most likely to be receptive to your messaging.
