Plaintiffs in other 3M litigation join $6B settlement

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Update:

• 3M announced it reached a settlement with additional claimants, referred to as “wave” plaintiffs, who were set to go to trial in the 3M Combat Arms earplug case against subsidiary Aearo Technologies.
• 3M will accelerate a $253.1 million payment out of the $6 billion settlement due to the wave plaintiffs on or before Jan. 31.
• 3M says it received “strong and widespread support from claimants and the broader military community” since its Aug. 31 settlement announcement.
• It also says it intends to continue to work on the settlement with the plaintiffs and the court until it is fully implemented.

3M military earplugs lawsuit overview:

• Who: A U.S. Army vet won $77.5 million in his lawsuit against 3M.
• Why: The former soldier alleged defective earplugs made by 3M caused his hearing loss.
• Where: The lawsuit was filed in Florida federal court.

A Florida federal jury awarded a U.S. Army veteran $77.5 million in damages, closing out his lawsuit that alleged defective 3M CAEv2 combat arms earplugs caused his hearing loss.

The veteran, James Beal, said 3M’s faulty earplugs led to his bilateral tinnitus and noise-induced hearing loss. Beal wore the earplugs while in active military service from 2005 and 2009 and then as a reservist until 2011 when he was exposed to noise from a variety of weapons. Beal will receive $5 million in compensatory damages and $72.5 million in punitive damages.

Beal brought claims of negligence and fraudulent misrepresentation, among others, against the company for the design defects in the company’s CAEv2 earplugs. 

3M paying millions in damages

Beal’s case was the 16th and final lawsuit in multidistrict litigation (MDL) against 3M, with more than 280,000 plaintiffs alleging hearing damage after using the CAEv2 earplugs. Before the MDL, the company had already agreed to pay $9.1 million in 2018 to settle False Claims Act allegations that it knew its earplugs could loosen and lose their seal but sold them to the military anyway. The company did not admit liability. 

Before Beal’s win, 10 other MDL plaintiffs had won almost $300 million in total damages. Beal’s is the largest single award made to a plaintiff in the MDL, according to Law 360. Courts could hear almost 1,000 similar cases in the remainder of 2022. 

What do you think about the jury’s verdict in Beal’s military earplugs lawsuit? Share your thoughts below.

The plaintiff is represented by Bryan F. Aylstock, Bobby J. Bradford, Caitlyn P. Miller, Daniel J. Thornburgh and E. Samuel Geisler of Aylstock Witkin Kreis & Overholtz PLLC and Michael A. Sacchet, Megan L. Odom and Leslie W. O’Leary of Ciresi Conlin LLP.

The 3M military earplugs lawsuit is Beal v. 3M Co., et al., Case No. 7:20-cv-00006, in the U.S. District Court for the Northern District of Florida.

Read About More Class Action Lawsuits & Class Action Settlements:

• 3M Loses Current Defective Earplugs Bellwether Trial, 9th Loss of 15
• Over 290,000 3M Military Ear Plugs Lawsuits Have Been Filed Alleging A Dangerous Defect
• Can Earplugs Cause Hearing Loss?
• 3M Earplug Lawsuit Investigation Into Military Hearing Loss, Tinnitus