3M Earplug Lawsuit Attorneys
3M knowingly marketed, manufactured and sold dangerously defective earplugs, specifically the Dual-Ended Combat Arms Earplug, Version 2 (or CAEv2), to consumers and the United States Military. If you served in the military between 2003 and 2015 and were issued CAEv2 earplugs and have been diagnosed with hearing loss or tinnitus (ringing in ear), you may be eligible for compensation.
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Our Role
Seeger Weiss partners serve in key leadership positions in the 3M Combat Arms Earplug Products Liability Litigation. Founding partner Chris Seeger was chosen as Co-Lead Counsel, overseeing a team of attorneys for this litigation, the largest consolidated federal mass tort in American history. In addition, Seeger Weiss partner Dave Buchanan served as lead trial counsel for veteran client William Wayman and was co-lead on the trial team for the Sloan and Wayman bellwether case which resulted in $110 million for the plaintiffs, the largest award to date.
Case Updates
8/26/22
After a three-day hearing that took place August 15-17 in the Northern District of Indiana before the Honorable Jeffrey Graham, 3M was denied a preliminary injunction – meaning it will not be afforded the protections of bankruptcy and we will continue to hold it accountable for damage caused to veterans in the federal MDL proceedings before Judge M. Casey Rodgers in the United States District Court for the Northern District of Florida.
7/26/22
Aearo Technologies, an all-but-defunct 3M subsidiary headquartered in Indianapolis, filed for Chapter 11 bankruptcy in Indiana Southern Bankruptcy Court before the Honorable Jeffery J. Graham. In the filing, Aearo agreed to assume all the legal liabilities from 3M associated with its defective CAEv2 earplugs. This move, if successful, would allow 3M to avoid responsibility for the hundreds of thousands of veterans suffering from irreparable hearing loss and tinnitus caused by the company’s faulty earplugs.
6/28/22
Plaintiff Lloyd Baker filed a response brief today opposing 3M’s appeal of the verdict in his favor from the third bellwether trial. The brief criticized 3M for claiming that the government contractor defense provides immunity for the company’s “undisputedly inadequate” warnings, saying that excuse “founders at every step.” In fact, 3M failed to identify any evidence that the military prohibited them from warning about the CAEv2’s risks and dangers—the very defects that the jury unanimously concluded caused Mr. Baker’s hearing loss and tinnitus. Seeger Weiss was co-trial counsel for Mr. Baker. We believe the Eleventh Circuit will affirm Judge Rodgers’ prior ruling that 3M cannot use the government contractor defense and the jury’s verdict.
6/1/22
The bellwether trial process has now concluded, with the vast majority of juries ruling in favor of plaintiffs and against 3M. Overall, the plaintiffs won 10 of the 16 trials, securing more than $300 million in verdicts for 13 veterans. Going forward, Judge Rogers has ordered hundreds of cases to be prepared for trials across the country.
5/20/22
In the 16th and final bellwether trial, a jury awarded veteran James Beal $77.5 million for the bilateral tinnitus and noise-induced hearing loss he suffered because of 3M’s defective earplugs. The verdict, the largest for an individual plaintiff to-date, included $5 million in compensatory damages and $72.5 million in punitive damages.
5/10/22
Seeger Weiss founding partner Chris Seeger, along with firm client and Army veteran Joseph Sigmon, were featured in an NBC News story about the 3M Combat Arms litigation and the severe injuries suffered by servicemembers due to the defective earplugs. Seeger Weiss represents thousands of former servicemembers who were injured by 3M’s dangerously defective earplugs. Learn more here.
4/29/22
Army veteran Jonathon Vaughn was awarded $2.2 million in the 15th bellwether trial. Vaughn is the 12th plaintiff to receive a favorable verdict in the ongoing litigation.
3/25/22
Juries returned verdicts totaling $58 million for combat veterans Luke Vilsmeyer and Steve Wilkerson in the 12th and 13th bellwether trials. These major wins for the plaintiffs follow a $110 million verdict in the 11th bellwether trial in January. Overall, plaintiffs have now won eight out of the 13 bellwether trials, equating to more than $200 million in total verdicts against 3M.
1/27/22
In the 11th bellwether trial, a jury awarded $110 million to Ronald Sloan and firm client William Wayman. Seeger Weiss partner David Buchanan served as lead counsel for Mr. Wayman as well as co-lead trial counsel in the consolidated trial. The verdict is the largest thus far out of the 11 trials that have taken place to-date. After the verdict was announced, Buchanan said, “Will, an Army Ranger and Blackhawk medevac pilot, and Ron, a Master Sergeant and tank commander, chose service and sacrifice over themselves. For its part, 3M chose sales over the safety of Will, Ron, and the hundreds of thousands of soldiers and civilians who used the Combat Arms Earplug.” Learn more here.
12/13/21
A jury awarded combat veteran and Purple Heart recipient Theodore Finley $22.5 million in the eighth bellwether trial, including $15 million in punitive damages. Following the Camarillorazo verdict in the seventh bellwether, the Finley verdict once again set the record for largest verdict and punitive damages awarded in the 3M Combat Arms Earplug litigation.
11/15/21
In the seventh bellwether trial, a jury returned a favorable verdict for active-duty US army Sergeant Guillermo Camarillorazo, awarding him $816,395 in compensatory damages and $12.2 million in punitive damages. Sergeant Camarillorazo is now the sixth servicemember who successfully held 3M accountable, and the jury assessed the largest punitive damages against the company thus far.
10/1/21
A federal jury returned a verdict of $8.2 million in favor of army veteran Brandon Atkins in the fourth bellwether trial, marking the largest plaintiff victory to-date. Plaintiffs have thus far prevailed in three of the first four bellwether trials.
6/19/21
Seeger Weiss partner Dave Buchanan represented veteran Lloyd Baker, serving as co-lead counsel in the third bellwether trial and securing a $1.7 million verdict. Following news of the jury’s decision, Buchanan said, “3M knew and withheld material information concerning the safety of the Combat Arms earplug—a product that, unfortunately, was used by hundreds of thousands of servicemembers, including Lloyd Baker. We’re pleased that the jury recognized 3M’s misconduct and the gravity of the injuries Lloyd was left with following his use of the Combat Arms earplug.”
4/30/21
After a four-week trial – the first of 16 bellwethers meant to test the strength of the plaintiffs’ arguments and give parties information that will shape any potential settlement – a federal jury in Florida found in favor of plaintiffs Luke Estes, Lewis Keefer, and Stephen Hacker. The jury awarded $7.1 million to the three veterans, including more than $6 million in punitive damages. This victory sets the stage for hundreds of thousands of servicemembers and veterans to hold 3M accountable for preventable hearing loss and tinnitus they suffered while relying on the company’s defective earplugs.
7/24/20
The honorable M. Casey Rodgers rejected 3M’s attempts to use the government contractor defense to dismiss thousands of lawsuits from servicemembers and veterans. In her ruling, Judge Rodgers said that there is “no evidence that the Army ‘actually participated in discretionary design decisions, either by designing [the CAEv2] itself or approving specifications.” Moreover, “there is no evidence—none—that the Army prohibited [3M] from warning of alleged dangers inherent in the use of the CAEv2.” The ruling is a milestone for plaintiffs, ensuring that they can hold 3M accountable in court. Learn more here.
5/22/19
Seeger Weiss LLP founding partner Chris Seeger was appointed co-lead counsel to oversee the 3M Combat Arms Earplug Litigation. Bryan Aylstock of Aylstock, Witkin, Kreis & Overholtz was selected as lead counsel and Shelley Hutson of Clark, Love & Hutson was also chosen as co-lead counsel. The leadership team was formed after judges evaluated 190 applications and listened to 64 presentations over a 2-day period. Seeger has led some of the most complex, groundbreaking, and high-profile litigations in U.S. history, including National Prescription Opioid Litigation, Vioxx Product Liability Litigation, and National Football League Players’ Concussion Injury Litigation. Learn more here.
4/3/19
The judicial panel on multidistrict litigation ordered claims against 3M to be centralized before Judge M. Casey Rodgers in the Northern District of Florida. Plaintiffs allege that the company’s Combat Arms Earplugs version 2 were defective, causing hearing loss and/or tinnitus.
Our Role
Seeger Weiss partners serve in key leadership positions in the 3M Combat Arms Earplug Products Liability Litigation. Founding partner Chris Seeger was chosen as Co-Lead Counsel, overseeing a team of attorneys for this litigation, the largest consolidated federal mass tort in American history. In addition, Seeger Weiss partner Dave Buchanan served as lead trial counsel for veteran client William Wayman and was co-lead on the trial team for the Sloan and Wayman bellwether case which resulted in $110 million for the plaintiffs, the largest award to date.
Case Info
3M Earplugs Hearing Loss Lawsuits
Military personnel and industrial workers who used 3M Combat Arms or 3M E-A-R Arc earplugs manufactured by 3M are now experiencing hearing loss and tinnitus: two conditions the earplugs were supposed to help them avoid.
Earplug manufacturer, 3M has been accused of manufacturing earplugs that did not meet the specifications of either military or industrial use and concealing that information from their customers. The company is facing thousands of personal injury lawsuits filed by Veterans and other workers who were injured with hearing loss or other damage when the 3M earplugs failed to perform as expected.
The 3M earplug lawsuit is already the largest MDL case in U.S history and has already resulted in several jury awards for U.S. veterans, including one Seeger Weiss case which resulted in a $110 million judgment for two victims.
What Earplugs Were Involved in the Lawsuits?
Personal Protective Manufacturer, 3M has been sued over their 3M dual-ended Combat Arms Earplugs, Version 2 (CAEv2), designed for military use. The earplugs are made up of double-ended cones that are connected to each other by a stem. When inserted into the ears, they will block only loud, explosive noises but allow the wearer to hear conversational noise. When inserted the other way, they are intended to block out all noise.
Who Used 3M’s Dual-Ended Combat Arms & E-A-R ARC Earplugs?
The 3M dual-ended Combat Arms Earplugs were intended for military use and were frequently used by military personnel in combat zones. They are intended to block explosive noises in combat settings.
The 3M ARC earplugs were designed the same way as the Combat Arms earplugs, the primary difference being their color, and were meant for civilian use. These earplugs were used by people in a variety of occupations, including:
- Construction and electrical workers
- Factory and farm workers
- Road and mine workers
- Iron and metal workers
How Are the 3M Dual-Ended Earplugs Defective?
For some users of the Combat Arms or ARC earplugs, the connection stem was too short. This allowed the earplugs to work themselves loose in a way that was completely undetectable to those wearing them. As the earplugs loosened, the seal that the earplugs were supposed to create was loosened and the protection they were supposed to provide against loud noises weakened. As a result, many users of these earplugs suffered from tinnitus and hearing loss when they thought they were protected.
What Damage Did the 3M Dual-Ended Earplugs Cause?
The defective 3M dual-ended Combat Arms earplugs and the E-A-R Arc earplugs resulted in the following conditions:
- Partial or complete hearing loss in one or both ears
- Tinnitus as a constant or intermittent ringing, whining, or buzzing sound
- Dizziness or loss of balance
- Inability to sleep even when tired
- Irritability and anxiety
- Headaches, neck aches or ear pain
These conditions can have a considerable negative impact on a person’s quality of life and ability to work.
Were the 3M Dual-Ended Earplugs Recalled?
3M did stop selling the 3M Combat Arms earplugs in 2015, but no recall was ever issued. This means that some of the earplugs with the defect could still be in use by unsuspecting workers or military personnel who may continue to use them, unaware that they could be risking tinnitus or hearing loss.
The 3M E-A-R Arc Earplugs were sold for longer, but now no longer appear on the 3M website under their E-A-R products. However, these earplugs could also still be in use by many civilian industrial workers across the country.
How Was 3M Negligent in Manufacturing the Dual-Ended Earplugs?
The lawsuits against 3M claim that the company was aware of the defects in their Combat Arms earplugs and E-A-R Arc earplugs. Despite the problems with the product, 3M continued to manufacture the earplugs and sell them without disclosing the defects to those who purchased them.
The lawsuits claim that 3M knowingly sold a defective product to government for military use and to industrial workers without revealing the risks, resulting in hearing loss and other conditions, prioritizing profit at the expense of the people harmed by using their products.
What Lawsuits Are There Against 3M?
There have been an estimated 270,000 earplug lawsuits filed against 3M, mostly by veterans of the U.S. armed services. Lawsuits against 3M, claim that the company had knowingly sold defective earplugs, failed to provide adequate instructions for their proper use and that they had caused hearing loss and other conditions in those who had used them.
In April of 2020, a judge ordered the unsealing of court documents related to the Defense Department’s purchase of the 3M Combat Arms earplugs for use by troops, ruling the documents usable in the lawsuits. Court documents unsealed by the ruling includes a deposition from a regional sales manager for 3M who stated that the soldiers using their earplugs didn’t need to know that they were less effective than the soldiers were led to believe. Other documents reveal that 3M concealed information about the negative effects the earplugs could have.
Are There Any Class Action Lawsuits?
A class action lawsuit allows for people who may have had a similar or near-identical result from using a product. Most of the 3M earplug lawsuits are not class-action lawsuits but are defective product liability lawsuits as each participant may have a different result of using the earplugs.
The 3M earplug device injury lawsuits have been combined into multidistrict litigation (MDL) in the federal court system in the U.S. District Court for the Northern District of Florida. MDL lawsuit combination allows for the court system and lawyers to coordinate and share information for efficiency.
Have There Been Any 3M Earplug Lawsuit Settlements?
The 3M MDL cases are undergoing bellwether trials which are test cases that are conducted individually and may determine future settlement amounts for participants in the MDL lawsuit.
Bellwether trial results in favor of plaintiffs have included:
- January 2022 – 1 case resulting in jury award of $110 million to two veterans
- November 2021 – 1 case resulting in an award for $800,000 in compensatory damages and $12 million in punitive damage
- September 2021 – 1 case resulting in award of $8.2 million for the veteran
- May 2021 – 1 case including 3 victims who were awarded a total amount of $7.1 million
- May 2021 – 1 case resulting in a jury award for $1.7 million to the plaintiff
In the largest verdict thus far, Seeger Weiss partner David Buchanan served as lead counsel for one plaintiff and co-lead counsel for the team for the January 2022 bellwether trial which resulted in a $110 million jury award for the two veteran victims.
While the lawsuits thus far have mainly focused on veterans’ suffering under the effects of defective 3M Combat Arms earplugs, the 3M E-A-R Arc earplugs used in non-military settings shared a similar defect that could have affected industrial and other workers across the country. 3M may be facing thousands of lawsuits regarding the E-A-R Arc earplugs in the future on top of the estimated 270,000 the lawsuits the company is already facing for the Combat Arms earplugs.
What was the 3M Whistleblower Lawsuit About?
The most high-profile case against 3M for their defective dual-ended earplugs is the whistleblower lawsuit brought against 3M by its competitor, Moldex-Metric, in May 2016 under the False Claims Act. The lawsuit alleged that 3M was aware of the defects in their Combat Arms earplugs and had chosen to continue selling them to the United States government for military use anyway. The lawsuit also claimed that 3M had manipulated test results so that the earplugs would appear to have met military safety standards even though they had not.
This case was resolved in a settlement in 2018 in which 3M agreed to pay $9.1 million to the plaintiffs. As part of the whistleblower lawsuit settlement, Moldex-Metric received $1.9 million, with the balance going to the U.S. Department of Justice (DOJ). According to representatives of the DOJ, the large settlement proves that any government contractor that sought profit at the expense of the United States’ soldiers would face consequences for those actions.
Although the settlement did not include a determination of liability or require the company to admit responsibility, based on the allegations of the lawsuit, 3M is now facing thousands of lawsuits from veterans and industrial consumers of their earplugs. These lawsuits claims that using 3M Combat Arms or 3M E-A-R Arc earplugs has damaged their hearing, caused tinnitus, or caused another negative health condition.
What Is the False Claims Act?
The False Claims Act is legislation that holds anyone who defrauds a government program liable. Typically, this applies to government contractors who seek profit at the expense of the government or even people, as in the case of 3M’s Combat Arms earplugs harming soldiers. The False Claims Act contains a provision for whistleblowers who can, as private parties, sue on behalf of the U.S. government. In the case of the $9.1 million settlement, Moldex-Metric was that whistleblower, suing 3M on behalf of the government, entitling the company to a share of the settlement.
How Do I Get a 3M Hearing Loss Lawyer?
Though the VA may provide some disability services for veterans who have suffered hearing loss during combat, those services may not be adequate. Combat veterans and other industrial workers who used the 3M earplugs purchased and issued by the military or other employers are filing lawsuits to seek compensation for their injuries, disability, and permanent hearing loss.
Each case is unique and must be evaluated separately. Veterans who used 3M dual-ended Combat Arms Earplugs during combat or military action or commercial industrial workers who used 3M dual-ended E-A-R Arc Earplugs and who suffered hearing loss, have severe tinnitus or other hearing-related problems may be eligible for compensation.
Who Would Handle My 3M earplug Lawsuit?
Seeger Weiss partners have served in key positions of the MDL involving the 3M Combat Arms earplugs. Chris Seeger, a founding partner of the law firm, was selected as Co-Lead Counsel on a team of attorneys for the 3M Combat Arms Earplug Products Liability Litigation, the largest consolidated federal mass tort in U.S. History.
In addition, Seeger Weiss partner, David Buchanan was the lead counsel for veteran client William Wayman and was co-lead on the trial team for the bellwether case which resulted in $110 million for the plaintiffs, the largest award to date. Seeger Weiss attorneys will continue to represent the hundreds of veterans, current military members, and others seeking compensation from 3M for their defective earplugs.
If you or a loved one has used either 3M’s Combat Arms earplugs or the 3M E-A-R Arc earplugs and as a result has suffered from hearing loss, tinnitus, loss of balance, or another negative side-effect, don’t hesitate to contact us regarding the 3m earplug lawsuit.
Sources
- Department of Labor UNITED STATES DEPARTMENT OF LABOR.
- “3M Search Results for E-A-R Arc: 3M United States.” 3M In the United States
- “3M Company Agrees to Pay $9.1 Million to Resolve Allegations That It Supplied the United States With Defective Dual-Ended Combat Arms Earplugs.” The United States Department of Justice (26/7/2018)
- “The False Claims Act: A Primer.” U.S. Department of Justice
- Rempfer, Kyle. “Company to Pay $9 Million after Allegedly Selling Defective Combat Earplugs to US Military.” Military Times, Military Times (26/7/2018)
- Rempfer, Kyle. “Hundreds of Vets Are Suing over These Defective Combat Earplugs.” Military Times, Military Times (14/02/2019)
- “Chris Seeger Appointed as Co-Lead Counsel to 3M Earplug Lawsuit Leadership Team.” Seeger Weiss LLP (25/05/2019)
- Thayer, Rose L. “Judge Unseals Hundreds of Pages of Documents in Veterans’ Lawsuit against 3M over Earplugs.” Stars and Stripes (21/01/2020)
- Marshall, Josh. “News of Office: Pajares y Asociados Abogados.” Combat Veteran Files Lawsuit for Loss of Hearing Due to Defective Military Ear Plugs, KHOU-11 (22/01/2019)
- Raymond, Nate. “3M hit with $8.2 million verdict in fourth military earplug trial” Reuters (01/10/2021)
- Raymond, Nate.“3M to face four more trials in massive military earplug litigation” Reuters (08/10/2021)
- “Seeger Weiss partner David Buchanan co-leads trial team to $110 million verdict in latest 3M earplug bellwether”, Seeger Weiss LLP (01/2022)
A Pensacola jury awarded $110 million to U.S. army veterans Ronald Sloan and firm client William Wayman in the 3M Combat Arms Earplug Products Liability Litigation – the largest consolidated federal mass tort in U.S. history.
Seeger Weiss LLP is proud to announce a jury verdict of $1.7 million on behalf of Iraq veteran Lloyd Baker in the third of three initial bellwether trials in the 3M Combat Arms Earplug Products Liability Litigation—the largest consolidated federal mass tort in U.S. history. Seeger Weiss partner David Buchanan and Sean Tracey of Tracey […]
In an order filed on Friday, July 24, U.S. District Judge Casey Rodgers ruled that 3M cannot use the government contractor defense as grounds to dismiss the thousands of lawsuits brought by former U.S. service members against the multinational corporation. The lawsuits allege that 3M knowingly sold faulty CAEv2 ear plugs to the U.S. military […]
Seeger Weiss founding partner, Chris Seeger, has been appointed as Co-Lead Counsel on a team that will represent hundreds of U.S. military members in the growing 3M Earplug lawsuits. The leadership team was formed after judges evaluated 190 applications and listened to 64 presentations over a 2-day period. In a departure from norm where a […]