3M Combat Earplugs*
Frantz Law Group Takes on 3M for Defective Earplugs in Mulit-District Litigation What is 3M? 3M is a global science company employing over 90,000 people and producing more than 60,000 products world-wide. In addition to its consumer-side of business, 3M contracts with federal and state governments. Pursuant to the federal contract, 3M agreed to provide new and improved Combat Arms Earplugs, Dual ended Combat Arms Earplug Version 2 (CAEv2), designed to protect American troops from high-level impulse noises while allowing the user to hear lower level sounds, like speech, with limited interruption. However, after 3M’s in-house testing in the year 2000, 3M learned the earplugs were defective. Inexplicably, the CAEv2 was produced and provided to military personnel from 2003-2015, ignoring the known risk of harm from the defect. In 2018, 3M paid a $9.1 million settlement to the United States Military to resolve claims that 3M manipulated product tests and knowingly sold defective earplugs to the military between 2003 and 2015. Veterans who trusted the 3M earplugs to protect them from hazardous sound levels in active combat zones received minimal protection due to a defective design and have experienced the following catastrophic symptoms: Full or partial hearing loss Tinnitus, or phantom sounds such as ringing, hissing, or buzzing Auditory processing disorder Loss of balance In light of the foregoing, Frantz Law Group and its clients joined the Multi-District Litigation (MDL) against 3M and asserted claims for design defect, negligence, failure to warn, breach of warranty, and/or fraud on behalf of its clients, military veterans who find themselves with severe hearing impairment and loss. What is Multi-District Litigation? Multi-district litigation is a legal proceeding in federal civil litigation, aimed at reducing the burden on federal district courts , and aimed to make litigation more efficient and convenient for all parties. When civil actions in different district courts involve common questions of fact, they may be consolidated and transferred to a single district court for pretrial proceedings, though they remain separate cases unlike a class action. After discovery and pretrial proceedings, any remaining cases may be transferred back to its original district for trial. However, many claims reach global settlements or are resolved prior to trial. If there are unsettled cases, a transferee judge may select individual suits for a trial, called a “bellwether trial”. These trials serve as a guideline for how juries may rule on the facts of a case and this normally assists in resolving the entire MDL. Trials and The Impact of COVID-19 Unlike most courts throughout the nation, the district court has stated that COVID-19 will not delay justice; the litigation will have the proper precautions in place to empanel a jury, hear testimony, and obtain jury verdicts. Federal Judge M. Casey Rodgers and Magistrate Judge Gary R. Jones are the presiding judges in this matter and have been aggressively pushing 3M cases towards resolution or trial. Five trials have been completed to date, including three bellwether trials. The majority resulted in favorable jury verdicts for the plaintiffs, while only one case resulted in a favorable decision for the defense. Collectively, the four plaintiffs who obtained verdicts in their favor were awarded $160 million in damages. There are more than 250,000 plaintiffs in the 3M multi-district litigation and more cases will be tried before a jury, whereby each side gets a better understanding as to the likely outcome and value of other claims against 3M. Thereafter, discussions will take place to consider potential settlements. Nevertheless, Frantz Law Group is prepared to fight for its clients through trial or settlement, whichever option is in the best interest of its clients.
*Results in other matters do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. These results were dependent on the facts of the specific cases, and results will differ if based on different facts. 44
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