A jury recently declared a defense verdict in a lawsuit between 3M and a U.S. Army veteran who claimed she suffered hearing damage after using the company’s Combat Arms Earplugs version 2 (CAEv2). This trial was the fifth one chosen as a test case, or a bellwether, in a multi district litigation (MDL) over the defective earplugs.
Defense Verdict in Fifth Bellwether Trial for 3M
Michelle Blum alleged that she developed both hearing loss and tinnitus, a constant ringing in her ears, as a result of using the earplugs during her service in the U.S. Army Reserves, National Guard, and Army between 1989 and 2009. Her attorney are Bryan Aylstock of Aylstock Witkin Kreis & Overholtz, Shelley Hutson of Clark, Love & Hutson, and Chris Seeger of Seeger Weiss.
Her legal team is, of course, disappointed in the verdict. “We continue to believe that the evidence overwhelmingly demonstrates that 3M knew their CAEv2 earplugs were defective yet allowed our service members who relied on them for hearing protection to suffer from preventable hearing loss and tinnitus,” they said in a joint statement.
3M, however, believes that the results confirm their “confidence in [the] case and shows that plaintiffs face significant challenges — not just here but in all the trials in this litigation — as each case must be proven on its own facts.”
History of Allegations Against 3M’s Defective CAEv2
There are over 270,000 claims against the company due to their earplugs. CAEv2 were standard issue for much of the U.S. military between 2003 and 2015. Most of the lawsuits are consolidated before U.S. District Judge M. Casey Rodgers in the Northern District of Florida. It is the largest MDL in history.
Overall, plaintiffs have won in three of the five bellwether trials and been awarded about 15 million dollars to five individuals. Eleven trials are currently scheduled, with the first one beginning this week.
For more information about the 3M MDL and most recent settlement, contact us today.
Additional Reading:
Florida Jury Awards $8.2 Million Against 3M Over Defective Combat Earplugs
3M Earplug Cases Sped Up Due to Backlog
Jury Verdict for Plaintiffs in Latest 3M Earplug Lawsuit
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.