3M prevails in latest trial involving military earplugs

There are about 10 bellwether cases in the complicated liability cases against 3M regarding the earplugs. Juries found for 3M in one other case and against the company in three of them.

October 29, 2021 at 11:40PM
3M Combat Arms earplugs (Provided by 3M/The Minnesota Star Tribune)

Round five goes to 3M in a massive legal battle over the efficacy of the company's military earplugs.

A federal jury in Pensacola on Friday rejected claims by a Louisiana U.S. Army veteran that a defective earplug design — and 3M's alleged negligence — caused her tinnitus and hearing loss.

Maplewood-based 3M has won two of the five bellwether trials over its earplugs, which were once standard issue for U.S. military members. In the other three trials, five plaintiffs have won monetary damages totaling $17 million.

The trials are part of one of the largest U.S. mass torts ever, involving legal claims against 3M from more than 250,000 veterans and military personnel. Plaintiffs claim the earplugs were knowingly defective, and that 3M failed to properly warn them about the alleged flaws.

3M, which stopped selling Combat Arms CAEv2 earplugs in 2015, has maintained the product was sound.

"We are pleased with today's verdict, which demonstrates once again that the CAEv2 product was effective and safe to use," the company said in a statement.

Lawyers for the plaintiffs said in a statement they were "disappointed" in the verdict but "continue to believe that the evidence overwhelmingly demonstrates that 3M knew their CAEv2 earplugs were defective."

The latest trial involved Michelle Blum, a 51-year-old resident of Denham Springs, La., who served in the Army from 1989 to 1991 and again from 1996 to 2009. She used Combat Arms earplugs during training and combat.

The 3M earplug lawsuits are roped together in Pensacola in a multidistrict litigation, or MDL, case, which is used in the federal court system for complex product liability matters with many separate claims. MDL cases commonly feature bellwether trials, which set a tone for resolving all claims.

Five more earplug bellwether trials are scheduled for this year, with the next two slated to start Monday.

In the first bellwether in April, a jury awarded $7.1 million — mostly in punitive damages — to three U.S. Army veterans. A jury in June awarded $1.7 million to Army veteran Lloyd Baker, siding with his claim of 3M's "failure to warn" about the earplugs' risks. The jury held 3M 62% liable for Baker's hearing injuries and Baker himself 38% liable, meaning he will receive closer to $1.1 million.

In the fourth trial, a 35-year-old Army veteran from Tacoma, Wash., was awarded $8.2 million in compensatory damages a month ago after a jury ruled against 3M on all five of his claims.

3M became a giant in the military earplug market when it bought Aearo Technologies in 2008. The wave of claims against 3M came after the company in 2018 settled a government whistleblower suit regarding the earplugs.

about the writer

about the writer

Mike Hughlett

Reporter

Mike Hughlett covers energy and other topics for the Minnesota Star Tribune, where he has worked since 2010. Before that he was a reporter at newspapers in Chicago, St. Paul, New Orleans and Duluth.

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