A federal jury in Pensacola, Florida, ruled that 3M Co. and subsidiary Aearo Technologies LLC must pay over $8 million in damages because of their defective combat earplugs and bear responsibility for a veteran’s tinnitus.
Bellwether Trial Results
U.S. Army veteran Private Brandon Adkins claims that 3M’s failure to disclose the ineffectiveness of its Combat Arms Earplugs, Version 2 (CAEv2) caused his injuries. Specifically, he argues that they were too short to offer necessary protection. Additionally, they often came loose without a solder’s knowledge. Adkin’s case is the fourth test trial in the mass tort litigation.
Bellwether trials gauge the strength of the plaintiffs’ claims as well as the scope of damages. Global settlement negotiations will ultimately depend on these results. The first trial, completed in April, involved three plaintiffs and resulted in a $7.1 million verdict against 3M. The next two test trials were split. The $1.7 million in damages to the third plaintiff were ultimately reduced due to comparative fault. Still, these results bring added pressure to 3M — especially since Adkins was a “defense pick” selected by 3M due to the weakness of his claims.
3M’s Defective Combat Earplugs
In 2018, 3M agreed to pay $9.1 million to settle a lawsuit between a whistleblower and the U.S. Department of Justice (DOJ). The plaintiff claimed that the company violated the False Claims Act by knowingly selling defective ear plugs to the U.S. military.
There are currently over 250,000 claims pending in federal court and several hundreds in state court in Minnesota, where 3M headquarters are located. Next month, another bellwether trial will begin.
For more information about the 3M MDL and most recent settlement, contact us today.
Additional Reading:
3M Earplug Cases Sped Up Due to Backlog
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.