3M recently announced a monumental settlement of $6 billion to resolve lawsuits brought by U.S. service members who allege hearing loss and tinnitus resulting from the use of the company’s Combat Arms earplugs.
This settlement, structured between 2023 and 2029, comprises $5.0 billion in cash and $1.0 billion in 3M common stock. It follows the dismissal of a bankruptcy attempt by 3M subsidiary Aearo Technologies, which faced over 250,000 product liability cases, making it the largest mass tort in U.S. history.
While asserting that the earplugs are safe, 3M did not admit liability. However, as part of the agreement, 3M retains the option to terminate the deal if fewer than 98% of eligible claimants choose to participate.
Lead plaintiffs’ counsel Bryan Aylstock expressed confidence in the settlement, emphasizing its provision of just compensation to veterans while holding 3M accountable.
Understanding 3M Combat Arms Earplugs
Between 2003 and 2015, Aearo Technologies and 3M provided the U.S. military with dual-ended Combat Arms earplugs. These earplugs, issued as standard gear, aimed to safeguard soldiers’ hearing while enabling communication.
Soldiers could block loud noises like gunshots by using the olive-colored end while still hearing commands and fellow soldiers with the yellow-colored end.
Injuries and Lawsuits
The lawsuits predominantly cite hearing loss and tinnitus, impairments with significant repercussions on a soldier’s job performance and quality of life. Symptoms include sensations of fullness in the ears, ringing or buzzing, and difficulty hearing nearby individuals or understanding speech.
A whistleblower lawsuit in 2018, brought by Moldex-Metric Inc., alleged that the combat earplugs were defective, leading to the $9.1 million settlement with 3M. However, 3M did not admit wrongdoing.
Legal Considerations for Veterans
Veterans considering legal action against 3M need not worry about losing their VA benefits. Personal injury settlements do not impact disability compensation, which is unrelated to a veteran’s earnings.
In summary, the $6 billion settlement aims to provide fair compensation to affected service members while marking a significant development in the ongoing Combat Arms earplug litigation.
