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3M Defective Earplugs MDL Overview:Â
- Who: A Florida federal jury has ruled there was no design defect in 3M earplugs a veteran blamed for causing hearing loss while in Iraq and Kuwait.
- Why: The jury ruled the plaintiff’s hearing loss was not the fault of 3M and found there were no defects in the earplugs’ warnings or instructions that would have caused her injuries.
- Where: The multidistrict litigation bellwether trials are being held in Florida federal courts.
A Florida federal jury has given 3M its sixth win out of 14 bellwether trials so far alleging that the company made earplugs that were defective and caused hearing loss for thousands of U.S. military members.Â
On Apr. 8, the jury found there was no design defect in the 3M earplugs female veteran Denise Kelley alleged caused hearing loss while she was deployed to Iraq and Kuwait, according to court documents.
The trial was the sixth win for 3M in 14 trials brought against the company to date in a massive, multidistrict litigation. So far, plaintiffs have won verdicts totaling about $200 million in eight bellwether trials.
The jury reached its decision within hours after a nine-day trial and also found that there were no defects in the earplugs’ warnings or instructions that would have caused Kelley’s injuries, Law360 reported.
In response to the trial win, 3M said it looked forward to continuing to defend itself in upcoming trials and with its appeals.
3M Ordered To Pay $110M in Damages Earlier This Year
The news comes after two former service members who claimed they suffered injuries to their hearing from wearing earplugs manufactured by 3M were awarded $110 million in damages in January. Â
Plaintiffs William Wayman and Ronald Sloan were each awarded $15 million in compensatory damages and $40 million in punitive damages by members of a Florida jury, according to court documents.
In all the cases, the plaintiffs claim 3M and its subsidiary Aearo Technologies LLC supplied them with defective CAEv2 earplugs that failed to provide sufficient protection, leading to hearing loss and tinnitus.
3M, meanwhile, has argued that the military is also somewhat responsible for the earplugs’ design and how they were delivered to the service members.
3M To Face 4 More Bellwether Trials This Year
3M was on the right side of the verdict in two consecutive bellwether trials held in Pensacola last month while, on Dec. 10, a jury in Tallahassee awarded a former soldier a total of $22.5 million in damages.
Other verdicts have seen three plaintiffs awarded $7.1 million, an $8.2 million award for an Army veteran and $1.7 million for a machine gun operator.Â
Two more bellwether trials are slated to take place in the months ahead: one in mid-April and another on May 9.Â
If you or someone you know is already suffering from tinnitus or hearing loss because of defective 3M earplugs, now is the time to consider speaking with a lawyer about your options. Click here for a free case evaluation (links to paid attorney content).
Kelley is represented by John Foley, Daniel Patrick Blouin and Trent B. Miracle of Simmons Hanly Conroy LLC; Brett Joseph Schwartz of Messner Reeves LLP; Bryan Frederick Aylstock, Daniel James Thornburgh and Jennifer M. Hoekstra of Aylstock Witkin Kreis & Overholtz PLLC; Claire Elizabeth Kreider and Matthew Palmer Lambert of Gainsburgh, Benjamin David Meunier & Warshauer LLC; and Robert W. Cowan and Hayden Nicholas Wyatt of Bailey Cowan Heckaman PLLC.
The 3M Earplugs Kelley Lawsuit is Kelley v. 3M et al., Case No. 7:20-cv-00153, in the U.S. District Court for the Northern District of Florida.Â
Verdict delivered: Apr. 7, 2022
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