Last month, in Pensacola, Florida, a federal jury awarded $1.7 million to Lloyd Baker of Wyoming, one of over 230,000 members of the United States military who has sued 3M because of their defective Combat ArmsEarplugsVersion 2 (CAEv2). In one of the largest mass torts ever, the jury ruled in favor of Baker’s “failure to warn” claim about the risks associated with the 3M earplugs. They declared that 3M was 62 percent responsible for Baker’s hearing damage, with Baker himself 38 percent liable, meaning he will ultimately receive around $1.1 million.
3M’s Response to Jury Verdict
3M noted that the jury rejected four other claims by Baker. In a press statement, the company declared: “We are exploring our appellate options with respect to the remainder of the jury’s verdict. [This] outcome, as well as our win in the last bellwether trial, affirms our confidence in our case, and we will continue to defend ourselves in this litigation.”
So far, 3M has lost two of three bellwether trials in this legal battle with the military over defective earplugs. As Bryan Aylstock, a Pensacola-based attorney for the plaintiffs, pointed out, “Ultimately, 3M cannot escape the fact that a jury has entered a verdict in favor of four out of the five service members to go to trial to date.”
In the first trial, held in April, a jury gave $7.1 million, primarily in punitive damages, to three veterans. In the second trial, held in May, a jury rejected the plaintiff’s claims. At least two more trials are scheduled for September and October.
Ultimately, given that over 200,000 cases are pending, 3M could be liable for hundreds of billions of dollars in damages. These lawsuits are tied together in a multidistrict litigation (MDL) case, meaning that the bellwether trials will determine the resolution for all claims. The less variation among the trial results, the more likely a settlement.
For more information about the 3M MDL and most recent settlement, contact us today.
Additional Reading:
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.
