Before taking off in a helicopter, Spc. Coca Temoananui of the 311th Signal Command puts in ear protection (Photo: Debrah Sanders/U.S. Army)
Nearly 250,000 Veterans involved in a lawsuit against 3M, an earplug manufacturer, have negotiated a $6 billion settlement. The lawsuit alleged that defective earplugs were supplied to the military for deployment during the conflicts in Iraq and Afghanistan.
According to 3M, the Minnesota-based business that makes the earplugs, 99% of claimants have consented, exceeding the necessary 98% approval rate that was needed to move forward with the settlement. This news was released on Tuesday. 3M has agreed to the deal, which attempts to settle all earplug-related claims in federal multidistrict litigation in Minnesota state court, despite the company’s denial of liability.
From 1999 to 2015, 3M and its subsidiaries manufactured and distributed the Combat Arms Earplugs, Version 2, which purportedly suffered from design defects causing them to loosen within users’ ears unnoticed. This defect allowed for damaging noise penetration, which resulted in hearing impairments like tinnitus.
The earplugs in question were dual-sided, with one side intended to block out all sound while the other side protected against loud noises like explosions while enabling the user to perceive softer sounds such as speech. Out of approximately 293,000 claims, over 249,000 claimants have enlisted for participation in the settlement, with over 41,000 claims dismissed.
Bryan Aylstock, the court-appointed lead counsel for the plaintiffs, expressed satisfaction with the settlement’s widespread acceptance among afflicted Service Members. He stated that this outcome contradicts the notion that only contrived bankruptcies offer defendants the sought-after finality when their products inflict mass-scale harm. Instead, he noted that this settlement showcases that fair resolutions through the civil justice system can swiftly provide relief to victims while affording corporate defendants global peace.
Prior to the settlement, select cases proceeded to trial in federal courts with varying outcomes. In most instances, juries ruled in favor of Veterans, awarding payouts ranging from $880,000 to over $50 million. As per the terms of the agreement, 3M will disburse up to $6 billion to nearly 250,000 Veterans between 2023 and 2029. While some settlement payments have already been disbursed this year, the bulk will be distributed on a rolling basis through 2029. The amount each claimant receives will be determined based on their medical records. Both 3M and its subsidiary Aearo, accountable for the faulty earplugs, are collaborating with insurance providers to offset a portion of the payments. However, this process is entangled in a lawsuit filed in Delaware and arbitration proceedings managed by the litigation management firm BrownGreer, with further information available at www.combatarmssettlement.com.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.