Legal actions have been initiated against 3M, the manufacturer of Combat Arms earplugs, by military personnel who served between 2003 and 2015 and experienced hearing loss and tinnitus. These lawsuits are currently part of a multidistrict litigation. In August 2023, 3M reached a settlement agreement amounting to $6 billion to resolve nearly 260,000 earplug-related lawsuits.
As of August 3, 2023, the number of pending 3M Combat Arms earplug lawsuits stands at 257,449, out of the original 339,510 filings.
Recent developments in 3M earplug lawsuits include:
August 2023: On August 29, 2023, 3M agreed to pay $6 billion to settle lawsuits filed by U.S. military veterans and service members who suffered hearing loss due to defective earplugs.
June 2023: A federal judge denied 3M’s Chapter 11 bankruptcy filing in military earplug lawsuits.
May 2023: Mediation proceedings on the second day did not result in a settlement, but progress was noted, and negotiations continue.
May 2023: Settlement talks resumed, and MDL Judge Rodgers scheduled bellwether trials in Minnesota for various dates in 2023 and 2024. Retired judges David R. Herndon and Jeffrey J. Keyes, along with Special Master Randi Ellis, were appointed as mediators to facilitate a resolution.
January 2023: Bloomberg reports indicate that 3M spent over $450 million defending itself in earplug litigation.
August 2022: 3M attempted to halt trial proceedings through bankruptcy court, but the judge refused to pause litigation.
December 2022: The MDL judge imposed sanctions on 3M, preventing the company from evading litigation in earplug claims.
October 2021: A jury awarded $8.2 million to a veteran claiming hearing loss and tinnitus.
April 2021: In the first bellwether trial, a jury awarded three veterans $7.1 million.
The United States Judicial Panel on Multidistrict Litigation consolidated 3M earplug cases nationwide into MDL No. 2885 in the Northern District of Florida in 2019.
A notable aspect of this litigation involves the Moldex whistleblower lawsuit. In 2016, Moldex-Metric Inc. filed a lawsuit against 3M and Aearo Technologies, alleging that 3M knowingly sold defective earplugs to the military, committing fraud against the government. While 3M admitted no wrongdoing, a settlement of $9.1 million was reached in July 2018. Subsequently, 3M and its subsidiary, Aearo Technologies, faced 2,051 lawsuits for their dual-ended Combat Arms earplugs, consolidated into multidistrict litigation in a Florida federal court.
Soldiers and veterans accuse 3M of knowingly committing fraud against the U.S. military, failing to warn about earplug defects, and falsifying earplug test results.
The earplugs, initially designed and exclusively contracted by Aearo Technologies in 2003, became the responsibility of 3M when it acquired the company in 2008. The unique dual-ended design was marketed to allow soldiers to insert the olive side for complete sound protection and the yellow side for protection against explosions while enabling them to hear spoken commands or approaching enemies.
Injuries claimed in lawsuits include hearing loss, tinnitus, and loss of balance. The stems of the earplugs were alleged to be too short for proper insertion into the ear canal, causing them to loosen and fail to provide adequate protection.
Hearing loss is a critical concern for the U.S. Department of Defense, impacting operational effectiveness, medical readiness, and quality of life. Symptoms of combat-related hearing problems include a feeling of “fullness” in the ears, buzzing or ringing, difficulty hearing conversations, and difficulty understanding speech.
Notable individuals, such as Scott D. Rowe and Anthony F. Ascanio, have filed lawsuits against 3M, recounting their experiences of suffering hearing loss and tinnitus due to the use of Combat Arms earplugs during military service.
A significant accusation in the lawsuits involves 3M’s alleged misleading of earplug test results, where the company is accused of manufacturing a defective product and misrepresenting its effectiveness to the military. Aearo and 3M purportedly failed to meet Noise Reduction Rating (NRR) requirements and manipulated test results, potentially exposing millions to risks caused by the defective earplugs.
Service members who used 3M dual-ended Combat Arms earplugs between 2003 and 2015 and suffered permanent hearing loss or tinnitus may be entitled to compensation. Veterans receiving VA disability benefits or social security can pursue legal action without affecting existing benefits.
The $6 billion settlement, reached in August 2023, covering nearly 260,000 pending lawsuits, is expected to extend into 2029. The settlement includes $5 billion in cash and $1 billion in 3M stock. Individual settlement amounts may vary, with estimates ranging from $5,000 to $250,000, depending on the damages claimed. Prior to the settlement, 3M lost 10 of its 16 bellwether test trials, with juries awarding over $250 million to plaintiffs in these trials.
