3M combat earplugs lawsuit Updates
3M's Arbitration Against AIG Europe
3M has initiated arbitration in London against its insurer, AIG Europe Limited, alleging wrongful denial of coverage under a $160 million insurance policy. To support its case, 3M requested permission from Judge Rodgers to disclose specific settlement details, including claimant payments and allocation methods, to the London tribunal. The judge partially approved the request, allowing limited disclosure of settlement data to assess whether AIG Europe improperly denied coverage. The court stressed that all disclosed information must remain confidential and be used exclusively for arbitration proceedings.
3M Settlement Program to Distribute Additional Funds to Eligible Claimants
The 3M settlement program will soon distribute additional funds to eligible claimants who received point-based awards. These funds, totaling $24.1 million from the $40 million extraordinary injury fund (EIF), were originally designated for severe or unique injuries. As the final EIF awards have been allocated, the remaining amount will be redistributed in proportion to claimants’ original point-based awards. Claimants can expect a 30.9% increase in their settlement points. However, those who received only a base settlement or tinnitus payment are not eligible for this additional compensation. Payments are expected by mid-January 2025.
3M Seeks Approval to Share Settlement Details in Arbitration Dispute
3M has requested Judge Rodgers' approval to disclose details of its $6 billion settlement agreement to a London arbitration tribunal. The tribunal is set to evaluate whether AIG Europe wrongly denied coverage under a $160 million insurance policy tied to the settlement. The arbitration, scheduled for March 2025, will determine AIG's liability for coverage and indemnification. AIG has demanded specific settlement details, including individual claimant payments, to assess potential policy exclusions. While 3M contends this information is irrelevant to AIG’s liability, it acknowledges the data could help resolve arbitration disputes.
Combat Arms Earplugs Settlement Program Reaches Agreement
The Combat Arms Earplugs Settlement Program has reached a significant agreement impacting 110,149 claimants who used TRICARE benefits for injury treatment. This agreement simplifies the process of resolving TRICARE liens on settlement awards, creating a more efficient path for military personnel and their families. Previously, TRICARE liens were handled individually, slowing the process. Now, each participating TRICARE beneficiary will pay a flat $49 from their settlement to cover all claims, with an additional $5 administrative fee, totaling $54. While a full waiver of liens would have been ideal, this agreement marks the first global resolution between the Department of Justice, Defense Health Agency, and mass tort plaintiffs.
About the 3M Combat Earplugs Lawsuit
Between 2003 and 2015, thousands of military veterans and service members were provided with faulty combat arms earplugs manufactured by Aearo Technologies, a subsidiary of 3M. The earplugs reportedly failed to protect them from harmful noise levels, causing many to suffer from hearing loss and injuries like tinnitus. Around 240,000 of the affected military personnel filed lawsuits against 3M, and on August 29, 2023, the company agreed to pay out a settlement of over $6 billion to plaintiffs. If you think you or a loved one might pre-qualify for the 3M earplugs lawsuit, it’s important to understand how to pre-qualify.
3M Earplug Defects
The earplugs addressed in the lawsuit were created in the late 1990s as a collaboration between the U.S. military and Aearo Technologies, which was later acquired by 3M. Known as the Combat Arms Earplugs, Version 2 (CAEv2), they were given to veterans and service members between 2003 and 2015 for use in training and combat. Those deployed in both Iraq and Afghanistan used the faulty earplugs.
The dangers arose from the earplugs’ design, a dual-ended configuration that was intended to allow soldiers to carry just one set of earplugs rather than two. The CAEv2 earplugs were implicated after an overwhelming number of military personnel began to experience hearing issues. Experts alleged that the design allowed the earplugs to slip out of the wearers’ ear canals without them noticing, exposing them to harmful noise levels. Plaintiffs asserted that 3M knew about this design flaw since 2000 and fabricated test result data to conceal it and that the company failed to provide effective instructions on the earplugs’ usage.
Hearing Damage from Defective Earplugs
Hearing loss and damage are some of the most frequently reported disabilities suffered by veterans and military service members. Data from 2020 shows that more than 1.3 million veterans receive disability benefits for hearing loss—and a staggering 2.3 million for tinnitus, the perception of ringing, buzzing, roaring, or hissing sounds that don’t come from an external source. This condition can range from mild to disabling. Studies also show that tinnitus has been on the rise in the military community since the early 2000s when the CAEv2 earplugs were distributed.
Some affected veterans, like Kevin Wilhelm, now have to wear hearing aids due to the damage sustained by using the 3M earplugs. Wilhelm prioritized ear protection throughout his 30 years with the Navy and began using the 3M combat earplugs in 2003, believing he could trust the product. He developed “nonstop tinnitus” as a result of the ensuing hearing damage, leading to anxiety, depression, and sleep issues. “I didn’t know these earplugs were defective,” Wilhelm said. “I thought they were the best of the best.”
Who Qualifies for the 3M Combat Arms Earplugs Lawsuit?
To pre-qualify for compensation in the 3M Combat Earplugs lawsuit, you must meet a few requirements. These include:
- Military Service: You must have served in any branch of the U.S. military between 2003 and 2015.
- Earplug Usage: You must have used Combat Arms Earplugs (Version 2) during your military service.
- Hearing Issues: You must have a documented history of suffering from hearing loss, tinnitus, or other auditory processing issues diagnosed after using these earplugs.
Every case is different. You will need to speak to a legal professional about your specific case to learn if you may pre-qualify and other legal considerations.
What Is the Focus of the Lawsuit?
The litigation began as individual lawsuits filed against 3M by affected veterans and service members. These plaintiffs claimed that the use of the defective CAEv2 earplugs while on duty caused them to suffer from hearing loss, tinnitus, and other hearing injuries. They further alleged that the earplugs had a faulty design, that 3M did not provide effective instruction on how to properly use the earplugs, and that the company fabricated test result data to hide flaws with the product.
When federal courts recognized the similarities between these cases, the lawsuits were consolidated under the multidistrict litigation (MDL) process. This resulted in a victory for claimants, with 3M ultimately agreeing to a $6 billion settlement. Though often confused with a class action settlement, the advantage of an MDL settlement is that each plaintiff receives compensation based on their specific circumstances.
Who Is this Lawsuit for?
The 3M Combat Arms Earplugs lawsuit is for any military or service member who served between 2003 and 2015, used the CAEv2 earplugs during their military service, and developed hearing loss, tinnitus, or other hearing issues after using the earplugs.
What Type of Compensation is Available?
Plaintiffs in the 3M Combat Arms Earplugs lawsuit could receive compensation for a variety of damages. While no amount of money can fully reverse the physical and emotional harm caused by hearing loss and injuries, it can help ease the burden as you cope with challenges like income loss, medical bills, pain, and suffering.
Do I Have to Pay for an Attorney?
You may be wondering how much it costs to hire an attorney if you’re considering joining the 3M earplugs lawsuit. Most attorneys who work with MDL cases work on a contingency fee basis, meaning you won’t have to pay anything upfront to start your case. If you win your case, your MDL attorney will receive a percentage of the amount awarded. If your case is unsuccessful, you won’t have to pay anything. This keeps the legal process affordable for those who may not have the funds to pay an attorney upfront. Your attorney can give you more information about legal fees and how to pay them.
Lawsuit Time Limits
It’s not too late to join the 3M earplugs lawsuit, but there are important deadlines for timely filing. Delaying action can affect your ability to join and receive potential compensation, so it’s important to speak with an attorney to understand the filing timeline. Fill out the form at the top of this page or contact OCA today to get connected with an attorney in our network who can analyze your case and see if you may pre-qualify for the 3M Combat Arms Earplugs lawsuit.
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