The Justice Department settled a lawsuit with 3M in July 2018 that the company defrauded the government by selling earplugs with "dangerous design defects" to the military for "more than a decade" from 2003 to 2015. That decision will significantly impact the course of the litigation moving forward and could potentially render the appeal in 3Ms controversial bankruptcy gambit essentially moot. The plaintiffs counsel presented a short 40-minute rebuttal case and then the court heard oral arguments from both sides in support of their motions for judgment as a matter of law on various issues. I understand that submitting this form does not create an attorney-client relationship. Your attorney should be in regular contact with you. If 3M is allowed to move forward with the bankruptcy, the current earplug lawsuits will be automatically stayed and the current plaintiffs will become creditors. The bankruptcy court will appoint a plaintiffs lawyer committee to negotiate with 3M on a global settlement of all claims. This sounds like a bad thing, right? 3Ms subsidiary, Aearo Technologies (which made the earplugs at the center of the litigation) filed a voluntary chapter 11 bankruptcy today and will seek to create a trust fund for settlement of the thousands of pending earplug claims. My favorite line from the order: Furthermore, it is nonsensical to argueas 3M hasthat a stay of the Courts injunction promotes the public interest.. Casali is 3Ms go-to expert, a foremost authority in audiology, acoustics, and hearing protection. 3M has used him as an expert in all bellwether trials. Those deliberations have now extended into the afternoon. One encouraging thing our 3M earplug lawyers saw over the weekend was an article by NBC News on the 3M earplug lawsuit. And a global 3M earplug settlement is not out of reach. June 29, 2022: Plaintiffs Luke Estes, Lewis Keefer, Stephen Hacker, and Lloyd Baker filed their response to 3Ms 11th Circuit appeal this week. November 24, 2022 Update: 3M subsidiary Aearo Technologies was recently granted an extension of the deadline to file its appeal brief in the 7th Circuit. May 18, 2022 Update: We stopped updating the trials and got so blowback from soldiers and former soldiers who wanted an update on the last bellwether trial. Why? If you have a potential claim, do not delay. March 22, 2022 Update: Plaintiff Steven Wilkerson closed his case yesterday and 3M immediately filed a motion for judgment as a matter of law. Berger, as every reader of these updates knows, is a former 3M audiology scientist and head of the 3M Personal Safety Division. Is the 3M earplug lawsuit worth it? The missing paperwork that prompted most dismissals was the plaintiffs military service record (DD214). 3M Earplug Lawsuit Surpasses Asbestos As One of The Largest Multi-District Litigation Cases in History. K&E has been the primary defense firm in the earplug MDL. This was comparable to the compensatory damage awards in prior bellwether cases. On Sunday, Judge Mark Walker issued an order resolving the various objections by both sides to the proposed jury instructions. But there are no guarantees. Berger is a former 3M scientist and division head (now retired) who was part of the team that originally designed and developed the Combat Arms Earplugs. But it is just not likely this weekend. These veterans can now sue 3M and demand financial compensation. August 11, 2022 Update: Judge Rodgers heard arguments today from veterans that Judge Rodgers should not allow a bankruptcy court the ability to stay the 3M earplug litigation. If you have a potential claim, do not delay. I am always saying these are big earplug trials. 3M filed a motion seeking to force all these plaintiffs to immediately pay their filing fees or have their case dismissed. Why? But with these three trials completed, it is hard to say what will get 3M in more of a reasonable settlement posture. February 20, 2023 Update: New 3M earplug cases continue to get filed in large numbers. 3M now has to offer reasonable settlement amounts to veterans or face scores of jury trials in 2023 that could put the company on the path to real bankruptcy. So the design flaw was that the earplugs stem needed longer for soldiers with large, or even average, ear canals. If 3M was truly ready to get this litigation settled, there would be no need to involve the bankruptcy judge in that process. What does it mean to you that the JPML consolidated all the federal earplug claims in Florida? MDL Judge Casey Rogers has given 3M a deadline of December 5th to file a response. The new deadline for Aearos brief is now December 12, 2022. Data Day is when both parties in a class action lawsuit come together to exchange and review large volumes of electronic data and information that is relevant to the case. It would be nice to close out Trial #16 with a win. July 11, 2022: The one thing we do not want to do in a 3M earplug settlement is minimize the differences between the strength of the claims in the final settlement amounts. So what did they do? "name": "What Have We Learned from the 3M Lawsuits That Have Gone to Trial? Dr. Crawford is an ENT doctor specializing in hearing protection. For the first time, this litigation has meaningfully impacted 3Ms stock price. November 1, 2022 Update: The judge in the 3M earplugs MDL is expected to rule very soon on the pivotal issue of whether 3M can be held solely and independently liable for the earplugs developed by its subsidiary Aero (which is filing bankruptcy). We will review your claim and advise you on your best legal options. The verdict? We need to prove the basic elements of the claim and being in the military is one of those basic elements. This is a tough argument to make. After a 2-week trial before Judge Mark Walker, the jury came back with a verdict Monday afternoon. That is $58 million in 3M verdicts this weekend. This prompted lawyers for the MDL plaintiffs to argue that K&E could not simultaneously represent Aearo in its bankruptcy because it presented a conflict of interest. How Do You Qualify For A Earplug Lawsuit? A 2016 lawsuit filed by a whistleblower alleged that 3M had violated the False Claims Act by selling to the Defense Logistics Agency earplugs with a known design defect that, in the Department of Justice's words, "hampered the effectiveness" of the device. Earplug victims are frustrated with the pace of settlement. But he implied that the mediation was aimed at resolving the bankruptcy proceeding, rather than an effort to negotiate a global settlement in the MDL. This ruling would have circumvented 3Ms current effort to force the earplug claims to be resolved in the Aearo bankruptcy. There is a real possibility this bankruptcy which drove 3Ms stock price through the roof when it was announced is much ado about nothing. Day 12 of the trial marked the close of 3Ms defense case. Plaintiffs lawyers contend in this brief and throughout this litigation that 3M is not a government contractor entitled to protection under the Feres Doctrine. August 1, 2022 Update: Only Aearo Technologies (3Ms subsidiary) is protected by the automatic bankruptcy stay right now. how much a 3M earplug lawsuit might be worth. This prevents any proceedings from moving forward against Aearo in the earplug lawsuits, but not against 3M. }}, Actually, 3M lost $50 billion in market value. 3Ms are going through the roof. In her Order, Judge Rodgers explained that the purpose of the data day is to educate those outside of leadership roles in the MDL about the nature and scope of the hearing-related claims in this litigation.. In her Order, Judge Rodgers explains that after years of efforts to mediate a settlement, 3M has recently advised the court that it is determined to force the claims to be settled in the Aearo bankruptcy and, therefore, it has no desire to reach a global resolution in the MDL. Talks are ongoing in the bankruptcy court. The earplug bellwether trials so far have been two weeks each and they only involved one plaintiff in all but two trials. We have learned that juries do not like what 3M did with these earplugs and they will award a great deal of money if they believed that negligence caused the victim tinnitus or hearing loss. At that point, why not keep trying these cases when the average successful jury payout is around $20 million? So 3M is putting all of its eggs in the basket of a successful bankruptcy appeal and winning the successor liability appeal of the sanctions imposed by Judge Rodgers. The plaintiff, James Beal, took the stand on the morning of Day 4. The approach applied by the plaintiffs results in a much smaller percentage of plaintiffs being excluded. Yes, you can still join the 3M lawsuit if you developed a hearing-related condition or injury as a result of using 3M earplugs in the military. A federal jury on Thursday awarded $110 million to two U.S. Army veterans who said they had hearing damage because of combat earplugs produced by the . After a 2-week trial, the federal jury in Pensacola awarded Army veteran James Beal a total of $77.5 million in damages for his claims that 3Ms defective earplugs caused hearing loss and tinnitus. April 6, 2022 Update: 3M began its defense on Day 6 of the trial (Monday). Rodgers dismissed 3Ms claim that bogus plaintiffs are not being vetted, pointing out that 80,000 claimants have already been dismissed. Victories in both of these 3M earplug lawsuits may jump-start settlement talks and get reasonable settlement compensation payouts for victims from 3M. "@type": "Question", December 15, 2021 Update: $22.5 million verdict in Finley last Friday. April 7, 2022 Update: 3M presented two expert witnesses on Day 7: Jennifer LaBorde and Dr. John Casali. In her Order staying the MDL, Judge Rodgers made clear will certify that decision for an immediate interlocutory appeal. The administrative docket helps lawyers on both sides. Contact us and we can investigate your case and tell you whether or not you may have a valid claim against 3M. Indeed, the expected average individual settlement amount is rising based on these three verdicts. When juries disagree with the positions it takes, it thinks it should get to decide that they should not have to face the judgment of juries. Reach out to us at 800-553-8082 or connect with us online. That would allow 3M to appeal the decision separately and immediately, while the MDL remains on pause. A 3-judge panel from the 7th Circuit found that an expedited appeal was appropriate because the decision will impact many people and establish a significant precedent. Getting this class action down to the soldiers who were truly harmed will advance an earplug settlement. Posted on October 27, 2021 in Class Actions . 3M claimed defense victories in Rounds 2, 5, and 6. Dont you have to look in the mirror at some point? The claimants in this MDL are all veterans who have fought and sacrificed their lives for the sake of the country's honor. But if you do not like the settlement amount you are offered, you can opt-out of the settlement and take your case to a jury. Of the $29.4 million in total damages, 63% have been punitive damages (also referred to as exemplary damages) aimed at punishing 3M for fraud or gross negligence. We will likely find out on August 18, 2022, at the bankruptcy hearing. It is a big differnce. After 16 bellwether test trials, the plaintiffs ended up with a win-loss record of 10-6 with total damages of over $300 million. At the same time, the plaintiffs brief in response to 3Ms appeal is due in the 11th Circuit early next month. In an official company statement, 3M described the verdict in Palanki as an important demonstration that jurors agree 3Ms CAEv2 product was safe and effective to use. But then the big verdict came just a few days later. The 3M headquarters in Maplewood, Minnesota. "Litigation against 3M is still ongoing and a final amount has not been determined yet." The judge granted the motion to stay as to a portion of the injunction but denied 3Ms effort to stay the injunction entirety. These opposing interpretations yield vastly different results. October 4, 2022 Update: Judge Rodgers pushed back the David George trial set for October 24, 2022, to February 13, 2023, in an order signed yesterday. Yet, there was nary a whisper that Aearo, and not 3M, was the only proper target, or even a target. That being said, there have been seven successful verdicts that have awarded plaintiffs compensation for suffering injuries like hearing loss and tinnitus due to 3M's negligent manufacturing and . The verdict was reduced as expected because Waymans case is governed by Colorado law and the $55 million exceeded Colorados statute damages cap. But settlement talks will continue in the next two weeks, and Judge Rodgers is encouraged by the progress made during the settlement negotiations. Ultimately, the earplug plaintiffs will get a global settlement one way or the other. $110 million. But you have to understand there are over 200,000 lawsuits as of December 2022 and there are few if any developments in individual cases. Dr. Casali is the director of the Auditory Systems Laboratory at Virginia Tech and an expert in hearing loss and protection. The jury returned today to continue deliberations. The design of these earplugs was a comedy of errors. Sloan was then cross-examined by 3Ms lawyers for about 90 minutes. February 22, 2023 Update: The judge in the 3M earplug MDL has scheduled a Data Day tomorrow, at which time Brown Greer, the third-party claims administrator for the MDL, will make a presentation outlining information about the thousands of hearing loss claims pending against 3M in the litigation. So why now? March 29, 2022 Update: 3M earplug trials follow a typical pattern, and this new lawsuit to go to trial fits easily in that pattern. The final 3M earplug bellwether trial concluded this afternoon and the result was the most significant amount awarded to a single plaintiff. Fallow is an audiologist and Technical Senior Service, Specialist. But it is very encouraging news that a settlement could be in the works. The bankruptcy judge was not persuaded. Like Bayer in the Roundup lawsuits, 3Ms biggest mistake that led to this debacle was buying a company without doing enough due diligence as to the potential litigation liabilities. Time will tell. The likelihood of 3M succeeding with the statute of limitations defense now or later down the line is almost zero, so this decision is almost a complete victory for Wilkerson. But a settlement of this magnitude will be a complex endeavor. The direct examination of Sloan lasted until 2:00 pm with a break for lunch. He claims this number is supported by experts, which is truly insanity. March 10, 2022 Update: Yesterday, the plaintiff in the upcoming bellwether trial (Steven Wilkerson) scored a solid victory when Judge Casey Rodgers granted his motion for summary judgment on all but one of three 3Ms affirmative defenses. There will be a day or reckoning. This 3M earplug lawsuit was filed by Army veteran Steven Wilkerson. But this is the last of the 3M earplug bellwether trials. The trial value could be in this range or even higher (much higher for the first three victims, as it turns out). After this trial, Judge Rodgers will send these lawsuits around the country to be tried in waves. Sloans testimony and the jurys reaction to him will have a huge impact on the outcome of the case. Hard to believe that would be a risk worth taking. I think 3M believes it will win this case and will be in a stronger settlement position after a victory. The appeal challenges the bankruptcy court decision in Indiana, which derailed 3Ms effort to force the earplug cases into bankruptcy court. But, of course, 3M has already asked the bankruptcy judge to extend the automatic stay to protect 3M and Aearo. Initially, U.S. Bankruptcy Judge Jeffrey Graham was going to hear arguments on the motion this week. Contributory negligence will not be at issue in this trial as Judge Rodgers granted summary judgment on that issue to the plaintiff earlier this month. Our 3M earplug lawyers have not used these updates as a call us plug. The article was prompted by news of the recent mandatory settlement mediation ordered by the MDL class action judge. But it is the road less taken in 2022. But the MDL Judge flatly rejected the motion and criticized 3Ms lawyers for even bothering to file it. Preparing this many cases is a logistical nightmare. The case settled and I got a lot more money than I expected. 3M also filed a motion objecting to the plaintiffs request to present rebuttal testimony from their expert Dr. Gershwin. You wont hear me speak up for 3m much, right? If you miss the statute of limitations, you will not be able to get a settlement for the harm that has been done to you. However, in 2018, 3M settled a whistleblower lawsuit and paid the Department of Justice $9.1 million for selling defective earplugs to the U.S. military. September 8, 2022 Update: The 3M earplug mediation is scheduled for next week on September 15-16, 2022 at the United States District Court in Pensacola, Florida. January 2022: Biggest Plaintiffs' Award Yet. { 3M has been saying all along that these claims should be resolved in bankruptcy court. The last case I referred to them settled for $1.2 million. March 21, 2022 Update:The current bellwether trial is proceeding on schedule and should conclude at the end of this week with a final verdict hopefully coming Friday afternoon. 3M is the St. Paul-based manufacturer, and seller of an earplug called Combat Arms. On the 3rd day of trial, the plaintiffs presented the testimony of Elliott Berger. Nearly four years ago, in January 2019, an earplug victims attorney filed a motion asking the U.S. "@context": "https://schema.org", Our 3M earplug lawsuit attorneys get calls and online inquiries about this litigation every single day. Oh, and 3M stock is down 10% on the news, its worst day in three years. How Much Longer Will 3M Earplug Lawsuit Take? October 14, 2022 Update: The Seventh Circuit Court of Appeals has agreed to an expedited review of 3Ms appeal seeking to reverse the bankruptcy court decision in Indiana. The hearing will help Judge Rodgers rule on whether to grant a motion that would prohibit 3M from arguing that it is not a proper defendant in the earplug cases. From there, he assumes the bankruptcy ruling will get overturned. We will see if this is the catalyst for meaningful settlement talks to resolve the 3M earplug class action lawsuit. July 16, 2022 Update: Should you be optimistic or pessimistic going into the settlement talks heading into Day 2 today? March 27, 2022 Update: In a historical weekend in the 3M earplug litigation, the Wilkerson jury came back yesterday with an $8 million verdict. The only caveat is that 3M will now file an immediate appeal of this new ruling, and the MDL cases will be stayed pending the outcome of that appeal. The jury still awarded $2.2 million. Is The 3M Earplug Lawsuit Worth It? Over the past two years, military plaintiffs won 10 of 16 earplug bellwether . Kelley will be the second female bellwether plaintiff. This means that the oral argument could be scheduled as soon as April or May 2023, and a ruling could come soon afterward. August 27, 2022: We have a ruling. August 23, 2022 Update: Judge Rodgerss stay on claims against 3M ends tomorrow. 3M The goal is to stop the Wave 3 lawsuits heading for trial. It means that no matter where you are, your lawsuit will most likely be housed in Florida while these lawsuits proceed through the multidistrict litigation process. But she will allow an immediate appeal of her ruling. The motion sought a stay on the enforcement of the Courts recently entered All Writs Act injunction, the ruling that 3M may not ask other courts to reconsider Judge Rodgers rulings in the 3M earplug class action lawsuit. Listen, Im not a financial analyst. If you have thoughts about the 3m earplug lawsuit, let us know in the comments below. Now retired, he was the former head of the 3M Personal Safety Division and an audiology scientist. February 23, 2023 Update: Judge Rodgers held the 3M earplug data day as planned this morning, which featured comments from the bench and a 90-minute presentation from the third-party claims administrator. March 24, 2022 Update: In the Vilsmeyer trial in Pensacola, the Defendants expert, Dr. Stan Phillips, testified that the cumulative trauma of the plaintiffs shoulder and neck injuries somehow contributed to his tinnitus. "text": " We have learned that juries do not like what 3M did with these earplugs and they will award a great deal of money if they believed that negligence caused the victim tinnitus or hearing loss. " It thinks it gets to define whether someone suffers from a hearing injury. Still, Judge Rodges deemed the mediation worthwhile and productive The court-appointed mediator is scheduling another mediation session within the next 14 days. There is also reason to be pessimistic. The average compensation payout for soldiers who were awarded damages is approximately $3.3 million. Not mentioned: it has little chance of success. The more I think about this bankruptcy, the more I think it is going to backfire on 3M. If might want to bring a claim, hurry. Veterans are more than happy to settle these lawsuits in bankruptcy court, kangaroo court, or anywhere they can get reasonable compensation payouts for their injuries. 3M will try to convince the bankruptcy court in Indiana that the automatic stay triggered by Aearos bankruptcy should be extended to protect 3M as well, but this remains unresolved.