3M Combat Arms Earplugs Contracts

3M Facts & History Information

Claims in the 3M MDL allege that 3M Company dual-ended earplugs were defective and the company knowingly sold them to the U.S. military between 2003 and 2015. Veterans claim that 3M earplugs caused hearing issues such as hearing loss and tinnitus. The U.S. Veterans Administration has identified over 400,000 post-9/11 veterans as having incurred a service-connected hearing loss.

In April 2019, the judicial panel on multidistrict litigation established the 3M MDL, centralizing and transferring cases in the Northern District of Florida. By July 2020, 3M Company faced more than 100,000 related claims. As lawyers continue to review potential claims on behalf of veterans, case filings will, most likely, increase.

3M PRODUCTS LIABILITY LITIGATION MDL NO. 2885

Location: Florida

MDL Court

• U.S. District Judge - M. Casey Rodgers
• U.S. Magistrate Judge - Gary R. Jones
• Judicial Assistant - Kathy Rock
• Law Clerk - Tevenia Jacobs
• Clerk of Court - Winston E. Arnow
• Courtroom Deputy - Susan Simms
• MDL Coordinator, Clerk's Office - Donna Bjzik
• Official Court Reporter - Donna Boland

Defendants

• 3M Company

Products

• 3M Combat Arms Earplug

Plaintiff Allegations

The suits seek compensation for hearing loss, tinnitus, and other injuries in US veterans who used 3M's Combat Arms earplugs. According to allegations, the earplugs had dangerous design defects that left military service members without adequate hearing protection, resulting in painful hearing injuries. The suits say 3M knew the Combat Arms earplugs contained design flaws and still knowingly sold them to the U.S. military for over a decade.

History

Currently, more than 150,000 claims are being pursued by veterans with hearing loss following military service.

2019

• January: A lawsuit filed against 3M alleged that the company knowingly sold defective earplugs to the Defense Logistics Agency for more than a decade, causing widespread hearing impairment for military service members
• April: 3M combat arms earplug lawsuits were centralized as MDL in Northern District of Florida
• June: There were nearly 1,000 lawsuits already filed in MDL

2020

• February: The Honorable M. Casey Rodgers set a discovery schedule meant to prepare a small group of cases for a first bellwether trial set to begin April 2021
• March: The Honorable M. Casey Rodgers, the U.S. District Judge presiding over all federal 3M earplug hearing loss lawsuits, identified 25 earplug hearing loss lawsuits eligible for early bellwether trial dates in federal MDL
• April: Attorneys previously appointed to serve in various leadership positions in the federal 3M Combat Arms earplug lawsuits who were seeking reappointment for a second-year term have been directed by the Honorable M. Casey Rodgers to reapply for those positions; veterans urged the Honorable M. Casey Rodgers to reject 3M's government contractor defense; M. Casey Rodgers directed parties involved in the litigation to submit proposed protocols for taking remote depositions over the coming months, to keep discovery moving forward
• May: The Honorable M. Casey Rodgers indicated that it may be necessary to bring in an independent, court-appointed expert to help the Court define what a representative case would look like in a complex litigation
• July: The date of the first bellwether trial was set by the Honorable M. Casey Rodgers as April 5, 2021; the Judge held a second "Science Day", designed to educate the court about other potential causes of hearing loss and tinnitus at issue in the litigation; the Honorable M. Casey Rodgers rejected 3M Company's government contractor defense, ruling that 3M Company can not avoid liability for failing to warn about design defects
• August: There were 2,101 total cases in MDL and 2,051 active cases
• September: The Honorable M. Casey Rodgers outlined the process for handling case-specific depositions in a small group of claims that are being prepared for early trial dates in the litigation