3M is currently facing over 200,000 product liability lawsuits in the federal court system, all involving similar allegations that the company distributed defective Combat Arms earplugs that left military service members at risk for permanent hearing loss, tinnitus (the perception of ringing), and other issues. The first trial, which involves three separate claims from veterans, is scheduled to go before one jury in April 2021.
The 3M Combat Arms earplug version 2 (CAEv2) was issued to all U.S. military service members from 2003 to 2015. Thanks to the dual-ended or reversible design, the earplugs were meant to block all sound when inserted one way and provide selective filtering when inserted the other way (i.e. reduce loud, potentially-damaging sounds but allow spoken commands).
The lawsuits all raise similar allegations that 3M failed to share critical safety information and necessary instructions for proper use with the U.S. government. Given the similar natures of the lawsuits, federal multi-district litigation (MDL) was created last year, centralizing the claims before U.S. District Judge Casey Rodgers in Florida and allowing for coordinated discovery and pretrial proceedings.
Although these outcomes will not be binding for future plaintiffs, they will be closely watched to determine how juries may respond to the evidence that links the 3M earplugs to hearing loss and other problems. They may also have a major impact on potential settlement negotiations.
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.