Articles Posted in 3M Earplugs

There are reports of 3M earplug settlement.  Now more than ever, veterans are asking “When is my 3M earplug case going to settle?”   They are also asked how do I opt out of a settlement because I’m not taking this offer.

In this post, we will try to explain exactly what 3M is doing, how it could potentially play out, and what impact it will have on the settlement of the thousands of pending earplug lawsuits.

As we have moved to reconfigure after the $6 billion settlement offer, this page focuses on opting out and the harsh requirements plaintiffs will have.  You can find more on the 3M earplug settlement here.  I really suggest you read as many comments to his post as you have time to read.

The bellwether test trials in the 3M earplugs litigation began about 15 months ago. These trials were held to evaluate the relative strength of the earplug lawsuits against 3M and give both sides an idea of what to expect if all of the cases went to trial.

Massive Beal Verdict Was Final MDL Punch

Last Friday, the 16^th and final bellwether trial ended with a bang for the plaintiffs. A federal jury in Pensacola, Florida awarded $77.5 million to Army veteran James Beal. This was the largest amount awarded to an individual bellwether plaintiff so far.

Last week, the 15^th bellwether trial concluded in the 3M earplug mass tort MDL. The case featured in this round was Jonathan Vaughn v. 3M Co., et al. (7:20-cv-134). After the standard 2-week trial (which has become a familiar format in the earplug bellwether cases), the jury found in favor of the plaintiff on all counts, rejected all of 3M’s affirmative defenses, and awarded $2.2 million in damages. The last trial in phase 1 of the bellwether cases will start next week.

• May 20, 2022 Update: $77.5 million verdict in Beal

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The 14^th bellwether test trial in the 3M earplugs litigation ended last week with another defense verdict for 3M. The victory for 3M comes on the heels of 3 straight losses in the last few bellwether trials, including the blockbuster $110 million verdict in the Solan/Wayman trial. 3 more bellwether trials are scheduled over the next 2 months, after which we will move into Phase 2 of the 3M earplug bellwether trials where things will get much more complicated.

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Overview of 3M Bellwether Trials

Almost 300,000 plaintiffs (mostly military veterans) have filed product liability lawsuits against 3M alleging that defects in the design of 3M’s Combat Arms Earplugs caused them to suffer hearing damage. The first 3M earplug lawsuits started getting filed in 2019 and new cases are still being filed now.

Now that were are 3+ years into the 3M earplug litigation, one question that is becoming increasingly significant is when will it be too late for veterans with hearing loss to file their own earplug lawsuit? The answer depends on what the applicable statute of limitations is and when it expires.

How Does a Statute of Limitation Work?

Our lawyers have been involved in the 3M earplug claims from the beginning.  Veterans calling us today are increasingly asking a new question: has the statute of limitations deadline passed to bring my 3M earplug lawsuit?

This is a battlefield in the Atkins trial which is now underway.  On September 29, 2021, the MDL trial judge ruled that whether or not the statute of limitations deadline has passed for the plaintiffs’ 3M earplug lawsuit is a question for the jury.  So when the deadline to file a 3M lawsuit in these cases is a moving target.

• New Post: $13.1 Million Verdict on November 15, 2021 (and a loss)

The third bellwether test trial in the massive 3M earplug lawsuits resulted in another solid victory for the plaintiffs.  Last week the jury in the U.S District Court for the Northern District of Florida awarded Army veteran Llyod Baker $1.7 million in total damages in his lawsuit against 3M.

Like thousands of other plaintiffs in the Combat Arms earplugs litigation, Baker claimed that he suffered hearing damage (tinnitus) during his time in the Army because 3M’s earplugs were defective and failed to protect him. Baker sought to hold 3M liable under a number of different product liability theories, including:

• Strict Liability (design defect)