In an effort to lessen a backlog of over 250,000 cases, a federal judge in Florida has ordered that thousands of lawsuits between veterans and earplug manufacturer 3M be scheduled for trials. Judge Casey Rogers in the Northern District of Florida called to move up 1,358 cases in the first wave and between 10,000 and 20,000 in later waves. The cases are part of the nation’s largest multi-district litigation (MDL).
3M Combat Arms Version 2 Dual-Sided Earplug
Plaintiffs claim that 3M sold earplugs to the military that loosened from the ear canal, causing hearing loss and/or tinnitus, a ringing in the ears. The earplugs in question are 3M’s Combat Arms Version 2 dual-sided earplug, where were used by the military until 2015. The product was never recalled. In fact, version 4 of the earplug is still used by the military, according to 3M.
Judge Rogers believes that moving cases to the active docket will accelerate discovery and ongoing bellwether trials, which provide useful information for a jury in order to potential reach a settlement for all cases. He has reached out to other judges in Florida’s Northern District for help during the bellwether trials scheduled for October and December. Meanwhile, 3M declined to comment following this recent change.
Legal History Between 3M and Veterans
So far, the cases of five veterans have been heard in three jury trials, all presided over by Judge Rogers. The first trial, which took place in April, resulted in a $7.1 million award to three Army veterans. 3M won the second trial in May. During the third trial, held in June, a jury found 3M partially liable, awarding one veteran $1.05 million.
Additionally, a trial scheduled for September has been dismissed, as the veteran’s injury was “unreleased to noise-induced hearing loss or 3M.” The Minnesota-based earplug company added, “Simply because a case is filed does not mean it has any merit. Large, multi-district litigations, like this one, often see allegations that have no basis in fact simply to increase the number of claims against companies.”
For more information about the 3M MDL and most recent settlement, contact us today.
Additional Reading:
Jury Verdict for Plaintiffs in Latest 3M Earplug Lawsuit
Update: Tort Lawsuit Against 3M Begins This Month in Pensacola
3M Earplug Hearing Loss Trial Scheduled for Spring 2021
Tracy Everhart
Tracy Everhart is the Editor for Drug Law Journal. A highly-trained and certified medical professional, Tracy is also an accomplished medical writer. After spending years on the front lines of the medical profession, Tracy now devotes her expertise and skills to researching and reporting on new drugs and devices that enter the market, as well as their side-effects and the real-life stories involved. Prior to joining Drug Law Journal, Tracy wrote for benchmark online healthcare resources focused on families and, in particular, women’s health issues. Tracy holds post-graduate degrees from both the American College of Healthcare Sciences and the Yale School of Nursing. She is also a graduate of both Hampshire College, where she studied microbiology and the University of South Carolina school of nursing.