Our lawyers are handling 3M earplug lawsuits in all 50 states. The one thing that always stood out as the most hypocritical part of the bankruptcy effort was 3Ms effort to reduce the punitive damage award in Wayman because there were not six defendants but just one because 3M owns and controls 100% of the other five named defendants.. Oh, and 3M stock is down 10% on the news, its worst day in three years. This is called an MDL, which is like a class action lawsuit for pre-trial discovery purposes. The bankruptcy ruling prevented 3M from implementing its controversial plan to force the earplug MDL cases into a bankruptcy proceeding. (Tribune News Service) A 3M subsidiary claims that U.S. Defense Department records show that over 175,00 military members who allege the Maplewood-based companys earplugs were defective have normal hearing under key medical standards. January 16, 2023 Update: Read through these comments from 3M investors about the earplug lawsuit as long as you dont mind sacrificing a few IQ points. Our lawyers believe 3M has a minimal chance of winning this appeal. This will box 3M in a corner. So failing to list the 3M lawsuit as an asset made zero difference. If might want to bring a claim, hurry. None of which have been granted. 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. 3M also complains that everyone is getting it wrong multiple judges, juries, and financial analysts. These opposing interpretations yield vastly different results. Now retired, he was the former head of the 3M Personal Safety Division and an audiology scientist. 3M previously agreed to pay $9.1 million to resolve allegations that it knowingly sold its earplugs to the Defense Logistics Agency without disclosing defects that decreased the hearing. May 20, 2022: $77.5 Million Verdict! Is the 3M earplug lawsuit worth it? The hope is that 3M will come to its senses and offer settlement amounts that will encourage the victims to settle their cases out of court. So we expect (an incorrect assumption in hindsight) the bankruptcy judge to rule before the end of tomorrow whether 3M lawsuits will be paused for the Aearo bankruptcy in the 3M earplug litigation. Our lawyers and many soldiers we have talked to agree with 3M on this point. 3M also filed a motion objecting to the plaintiffs request to present rebuttal testimony from their expert Dr. Gershwin. He also has a funny bit where he complains forgetting for a moment that we are in America that jury trials are not the appropriate way to handle this litigation. February 14, 2023 Update: Yesterday, U.S. Bankruptcy Judge Jeffrey Graham postponed the hearing on the recent motion by the 3M plaintiffs seeking full and immediate dismissal of the Aearo bankruptcy. To date, no plaintiff has settled a 3M earplug lawsuit. Unrivaled. In addition to agreeing to hear the 3M bankruptcy appeal on an expedited basis, the 11th Circuit also granted 3Ms request to stay an order by earplug MDL Judge Casey Rodgers, which blocked 3M from challenging her MDL rulings in the Aero bankruptcy proceeding. However, the most recent summary judgment motion has a much better chance of success. Acting through its puppet subsidiary Aero Technologies, 3M has asked that the judge in Aeros chapter 11 bankruptcy, Hon. Because of the statute of limitations, you must reach out to a lawyer as soon as possible. 3M may use the appeal as settlement leverage to get a deal done sooner rather than later. Dr. Packer has been an effective witness in prior trials. This award brings the total amount of damages in the bellwether trials to $300 million. By Amanda Holpuch. "@type": "FAQPage", The primary theme of the presentation was that both sides have adopted different ways of interpreting the data regarding the hearing loss claims asserted by the plaintiffs. March 2, 2023 Update: We wrote a separate post on the 3M estimation motion that announced most plaintiffs suffered no injury. McKinley has been a prominent witness in all of the previous bellwether trials. "@type": "Answer", The direct examination of Sloan lasted until 2:00 pm with a break for lunch. This will be the big test of 3Ms government contractor defense. But 3M is viewed as risky stock right now, which is not where it wants to be. 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. October 5, 2022 Update: No 3M earplug settlement remains. A trial scheduled for next month was dismissed, because the veteran's injury was "unrelated to noise-induced. Judge Rodgers also issued a new Case Management Order identifying a third wave of 500 additional cases to be prepared for the next phase of trials. These 3M trials will have to be consolidated into groups of 50 soldiers to try at one time. The Vilsmeyer verdict is yet another incredible victory that should push settlement amounts higher as 3M has to be in a full-scale panic at this point. The transcript passed on to us by a veteran represented by another law firm is depressing. how much a 3M earplug lawsuit might be worth. "acceptedAnswer": { At some point, someone will notice that the most significant mass tort in American history is averaging millions per verdict while 3Ms stock price trudges along.). July 29, 2022 Update: In a recently filed brief, 3M argued that its new bankruptcy strategy was necessary because it claims that the earplugs MDL proceeding is broken beyond repair. They seemed fine availing themselves of the system until they started getting their brains beaten trial after trial. 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. So everyone can win here. 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. When will the 3M earplug lawsuit settle? The size of the punitive damage award, in this case, exposes the potential vulnerability of 3M in these cases. $110 million. Reach out to us at 800-553-8082 or connect with us online. Then suddenly the system is broken. What does this mean? July 27, 2022 Update: 3Ms new strategy to resolve the earplug lawsuits in a bankruptcy proceeding is being directed by new legal counsel that the company recently retained to help deal with their mounting litigation troubles. So they must be contending that they believe 3M will pay more through the bankruptcy process, but it is necessary because it is fairer. August 25, 2022 Update: Today, Judge Rodgers ruled on a 3M Emergency Motion for a Stay Pending Appeal. We get it. The motion argues that the stay should not apply to these cases because they do not involve claims of direct liability against Aearo. A reasonable time frame to expect a result is about 6 months or more. Only soldiers who have been harmed should receive settlement compensation. }}, 3M believes that a large percentage of these plaintiffs do not have legitimate claims. Specifically, Rodgers quoted 3Ms announcement regarding the bankruptcy proceeding that it wanted to efficiently and equitably resolve the earplug claims as evidence that 3M is now highly motivated to settle. Dr. Packer is an Ear, Nose & Throat specialist at Mercy Hospital in St. Louis. There are no guarantees. ]}. This insultingly low amount would net each plaintiff a mere $5,000. Facing thousands of lawsuits from U.S. service members who said 3M earplugs failed to protect their hearing, the manufacturing giant announced it is committing $1 billion to a trust to resolve. The filing this week in U.S. Bankruptcy Court is the latest turn in the legal war between 3M and over 200,000 veterans and current service members over 3Ms Combat Arms CAEv2, which were once standard military issue. So juries will not shoehorn 3M negligence and the victims hearing injury if the evidence does not support the claim. 3M Earplug Lawsuit | History of Litigation The plaintiffs scored victories in the other Rounds. Judge Graham ruled that Aearos bankruptcy should have no ruling on the earplug lawsuits pending against 3M. September 1, 2022 Update: Here we go again. 3M Earplug Lawsuit How Much Money Will I Get? It is easy to forget that a sample size of one for an MDL class action of this size. There will be a day or reckoning. Consistently, it is making the same obvious point now to the bankruptcy court: this was not the congressional purpose of the Bankruptcy Code. 1,500 active cases have now been sent for trial prep for 2023. October 22, 2022 Update: After granting a request for an expedited appeal, the Eleventh Circuit also granted 3Ms request to stay an order by the MDL judge which prevented 3M from contesting issues in the bankruptcy that had already been decided in the MDL. December 23, 2022 Update:The MDL Judge has imposed a significant sanction on 3M blocking it from pursuing the Aearo bankruptcy. The request was granted partly because plaintiffs in 3M earplug cases pending in Minnesota state court were attempting to use the ruling by Judge Rodgers as a shield in their cases. Victories in both of these 3M earplug lawsuits may jump-start settlement talks and get reasonable settlement compensation payouts for victims from 3M. Is the 3M Earplug Lawsuit Worth It? The trial is already off to a good start. No. As self-serving as it is to say, our lawyers get this question constantly. Another trial looms on October 26, 2022. But the device did not go deeply into the ear. 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. 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. But it is very encouraging news that a settlement could be in the works. He played a key role in the Sloan/Wayman trial that ended in a $110 million verdict against 3M. The award in the 11th bellwether trial is the largest verdict yet to result from hundreds of thousands of lawsuits over the earplugs. Rogers hit 3M with this unprecedented sanction for what she described as 3Ms brazen abuse of the litigation process. The sanction prevents 3M from avoiding liability for the earplug claims by shifting blame to Aearo Technologies, the subsidiary which filed bankruptcy in August. Using the Feres doctrine, the plan was to invoke the government contractor defense as a shield from state tort liability. January 2022: Biggest Plaintiffs' Award Yet. "@type": "Answer", Our lawyers looked at the applicable law and believed the plaintiffs would defeat this argument. Both Fallon and Crawford also spent over 20 years in the Army. { Judge Rodgers explained that both sides are entrenched in their respective data metrics and that this has been the primary roadblock to getting a global settlement done. If you are 3M, you dont want to try that case. Blog Home. March 22, 2022 Update: Plaintiff Steven Wilkerson closed his case yesterday and 3M immediately filed a motion for judgment as a matter of law. If we were keeping score by Rounds, the plaintiffs would be ahead 4 to 3. If you have a potential 3M earplug lawsuit and have not brought a claim, call a lawyer. The question most people reading this have is will the 3M earplug class action reach a settlement before this trial? So there is no upfront payment, fees, or expenses unless you recover money for your injuries. It means 3Ms bankruptcy gambit failed as I predicted from the beginning. This is garbage the general rule of the Bankruptcy Codes powerful automatic stay is that it should not extend to joint tortfeasors. Under the approach favored by the plaintiffs, a much smaller percentage of plaintiffs would be excluded. The last case I referred to them settled for $1.2 million. Beals testimony was followed in the afternoon by the plaintiffs expert Dr. Christopher Spankovich, a clinical audiologist at the University of Mississippi Medical Center. Plaintiffs lawyers contend in this brief and throughout this litigation that 3M is not a government contractor entitled to protection under the Feres Doctrine. There is no risk or cost. For the first time, this litigation has meaningfully impacted 3Ms stock price. We summarize where we today in this litigation overview of the 3M litigation. More delay unless there is a settlement. Last week provided 3M earplug lawsuit verdicts in the 6th and 7th bellwether test trials in the ongoing 3M earplugs litigation, the largest consolidated mass tort in U.S. history. There is often turmoil on losing teams. July 28, 2022 Update: Does the Aearo bankruptcy mean 3M will get an automatic stay on continued litigation? Two more test trials are set for January 2022. The unspoken part of most of 3Ms arguments is that they have hurt so many people they should be given special treatment. Berger was directly involved in the original product design and testing of the Combat Arms earplugs. A 3M subsidiary Aero filed for bankruptcy and 3M said they should be allowed to avoid all these lawsuits since Aero is filing. If you need representation, call us at 800-553-8082 or get a free online consultation.. (And if you know a fellow soldier who suffered a hearing-related injury that does not know of the litigation, call that soldier and tell him or her to call a lawyer. It might involve settlements for the lawsuit inventory of specific law firms, as opposed to a global settlement for all plaintiffs. The fact that 3M is trying to involve the bankruptcy judge in the mediation suggests that they have no genuine interest in negotiating a settlement right now. Without some ear protection, repeated exposure to these high-level noises will cause auditory ailments from internal damage to the eardrums. But it is the road less taken in 2022. Personal Injury Leaders start your consultation NO FEE UNTIL WE WIN! This doctrine arose from the U.S. Supreme Court decision in Feres v. the United States. The plaintiffs have subpoenaed Berger as a witness in all of the 3M bellwether trials because his testimony is critical to establishing that there were known design flaws in the earplugs and they were not fully communicated to the Army. If 3M were to prevail on an issue that is common to every 3M earplug lawsuit the government contractor defense these cases would all amount to nothing if that ruling stood (unless Congress stepped in). They are not. You can call us at 800-553-8082 or reach out online for a free consultation. The Order appoints Randi S. Ellis as the special master to oversee the negotiations and required that the mediation last a minimum of three days and be scheduled by July 15, 2022. With no upcoming trial dates, there is no great pressure on 3M and the company has shown an unwillingness to be serious about offering reasonable earplug settlement amounts to resolve this litigation. What Is Going on Now With the 3M Earplug Lawsuit in January 2023? But is the number 75% or 90%? It is hard to imagine a reasonable person claiming otherwise. We are contingency fee lawyers. We may know more after the October 2022 settlement talks. How much money veterans will ultimately be getting will depend on the severity of the hearing loss. These dark green and yellow earplugs were initially developed by Aearo Technologies, a company 3M bought in 2008. My lawyer said this is a stall tactic and will not work in the end. April 29, 2022 Update #2: A Florida jury awarded U.S. Army veteran Jonathan Vaughn $2.2 million. The problem with bankruptcy, however, is that it will slow down the settlement process, and the amount of the settlement payouts will probably be lower. August 1, 2022: The automatic stay granted to 3Ms subsidiary, Aearo Technologies, does not apply to 3M. Ive said over and over that I believe 3M is a good company that just refuses, for whatever reason, to take an honest look and the exposure it has in this litigation. These data reinforce the need for parties to work together to reach a reasonable resolution, based in data and scientific evidence, that does right by veterans entitled to compensation and puts an end to this litigation, Charles Mullin, a claims valuation expert working for Aearo, said in a 3M news statement. March 2, 2023 Update: Shares of 3M rose sharply yesterday after the company filed a motion in the Aearo bankruptcy proceeding claiming that recently produced medical records from the Department of Defense show that 90% of the 3M plaintiffs have no hearing impairment. October 3, 2022 Update: 3M spokesman Sean Lynch: 3M hopes that the parties and their attorneys will come together to negotiate a prompt resolution to this matter so that those veterans with eligible claims can be compensated sooner.. The motion argues that the stay should not apply to these suits because they do not involve claims of direct liability against Aearo. This is encouraging news. The judge found that Aearos bankruptcy restructuring could proceed along with the continuation of the 3M earplug lawsuits. The only thing of note to us is that it was less vitriolic against the judges who dared to rule against 3M than we have seen in previous motions. Thursday morning on Day 4 in the Sloan/Wayman trial, the jury heard short video deposition testimony from three fact witnesses. This sounds like a bad thing, right? April 29, 2022 Update: Closing statements were given yesterday in Vaughn and the jury began to deliberate. Judge Rodgers ruled that 3M government contractor defense, which protects some defendants from liability when building products to the governments specifications, does not apply in this case. It is just a question of how much money 3M will pay to settle these claims. "name": "I Never Hear from My Lawyer. At the same time, the plaintiffs brief in response to 3Ms appeal is due in the 11th Circuit early next month. I dont think this is going to work for 3M. Meanwhile, the parties have agreed to continue Wave 3 discovery deadlines within the MDL. There are two sides to this coin. On Day 4 of the trial, the plaintiff James Beal took the stand in the morning. June 15, 2022 Update: Settlement conference in 3M lawsuit set for July 15, 2022. They were sold to the military for $7.63. If you meet the criteria, our product liability lawyers can assist you in filing a 3M earplug lawsuit. Personal injury lawyers handling serious personal injury truck and auto accident, medical malpractice and products liability cases throughout the United States. Im not sure that many understand the successor liability issue and how it may impede 3Ms efforts to hide behind bankruptcy laws to shield itself from liability no matter how the 7th Circuit rules. The trial resulted in another defense verdict for 3M as the jury found that the plaintiff, Carlos Montero, failed to prove that his hearing loss was the result of defects in the 3M earplugs. Like the J&J case, Aearo has a funding backstop from its parent, which means it would not face the risk of financial distress because, ironically, a huge company was willing to pay its debts. But that is the foundation of his presentation. Recently, however, a group of earplug plaintiffs filed a motion seeking to partially lift that stay with respect to all cases alleging injuries occurring after 3M acquired Aearo in 2008. If you are following this litigation, Berger needs no introduction. But lets be real: if the answers were helpful to 3M, they would have gleefully trotted that information out today. 3M Combat Arms Earplug Lawsuit Attorneys Thousands of veterans and current military service members may be entitled to receive financial compensation in the 3M earplug lawsuit for hearing loss and tinnitus caused by defective earplugs. But no one seems to be connecting those dots. November 17, 2022 Update: The judge in the bankruptcy filed by 3M subsidiary Aero Technologies has ruled that 3Ms law firm, Kirkland & Ellis, can continue to represent Aero in the bankruptcy. Can I Still Join the 3M Lawsuit? - Mass Torts Central 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. But these are big trials in this litigation. November 1, 2022 Update: Judge Rodgers said last week that monthly settlement talks must resume. Call 954-384-6114. Rogers issued an Order (3M Sanctions Order) imposing unprecedented sanctions on 3M for what she described as a brazen abuse of the litigation process. The sanction expressly prohibits 3M from attempting to avoid any liability for the earplug claims by shifting blame to its Aearo Technologies subsidiary (which is now in bankruptcy). In response, lawyers for the earplug plaintiffs have stated that while they are not necessarily opposed to the appointment of Judge Carr, they want to make sure that it will not have any impact on the jurisdiction of the MDL court. Despite 3Ms naked duplicity, Judge Rodgers did not provide the relief sought because 3M had not asserted any defense claiming that it was not a proper defendant in the litigation. 3Ms big defense, that they seemed confident would succeed, to end these cases before they began was asserting that all claims are preempted by the Feres doctrine. 3M is convinced that not all of these plaintiffs have valid claims. This ruling means that this appeal could be decided in a few months instead of taking over a year. As of January 2023, none of these claims have been settled. Back to the settlement table. July 25, 2022 Update: In the 10 days following the settlement mediation that was ordered by MDL Judge Casey Rodgers, the plaintiffs lawyers have filed several motions pushing wave cases forward. 3M Earplug Unit Should Be Tossed Out of Bankruptcy, US Argues September 19, 2022 Update: There was no settlement from the settlement talks last week. But if you have yet to speak to a lawyer about your case, now is the time. Wayman is an Army veteran who is claiming that 3Ms defective earplugs caused him to develop tinnitus which has made his PTSD condition worse. The story of the trial is below (and more on Wayman and Sloan). 3M has been saying all along that these claims should be resolved in bankruptcy court. The trial value could be in this range or even higher (much higher for the first three victims, as it turns out). The appeal challenges the bankruptcy court decision in Indiana, which derailed 3Ms effort to force the earplug cases into bankruptcy court. Shortly before the Wilkerson trial, 3M filed a motion arguing (among other things) that Wilkersons claims should be dismissed under the judicial estoppel rule because he failed to list his lawsuit against 3M as an asset in his recent bankruptcy. Judge Rodgers points out that 3M had many opportunities over the last 4-years to assert the Aearo successor liability argument, but chose not to. January 3, 2022 Update: The 3M earplug bellwether trials will resume on Monday with a pair of simultaneous trials featuring plaintiffs Ronald E. Sloan and Williams Wayman. Nearly four years ago, in January 2019, an earplug victims attorney filed a motion asking the U.S. In her lengthy opinion (3M Sanctions Order), Judge Rogers blasts 3M for going through 4-years of litigation without ever suggesting that Aearo was the real part in interest: Scorched earth battle was waged against every theory of liability alleged in this litigation. 3M Earplug Lawsuit | 3M is 0 for 3 After Losing $7.1 Million Verdict on Earplugs. This time, however, the summary judgment motion has a much better chance of being granted, and Judge Rodgers may be inclined toward it. McKinley has testified in all the previous bellwether trials, although this is the longest time he has spent on the stand. Combat Arms Earplugs left veterans entirely unprotected from damaging high-level sounds. 3M has used him as an expert in all bellwether trials. January 20, 2023 Update: MDL Judge M. Casey Rodgers issued an Order formally terminating the court-sponsored settlement mediation. (Anthony Souffle, Minneapolis Star Tribune/TNS). Berger was one of the people directly involved in the original design and testing of the 3M earplugs at issue in the lawsuits and he has been a critical witness in all of the cases. Im sorry for all the rhetorical questions. 3M will now be able to present certain arguments in the Aearo bankruptcy without the risk of being held in contempt of court by Judge Rodgers. The vast majority of those are consolidated before U.S. District Judge M. Casey Rogers in the Northern District of Florida, in the largest multidistrict litigation in history. Aearo, in a filing this week, said an analysis of Defense Department audiometric data shows the vast majority of earplug plaintiffs did not suffer hearing loss under the standards of the American Medical Association (AMA) and the World Health Organization (WHO). But with these three trials completed, it is hard to say what will get 3M in more of a reasonable settlement posture. The size of the 3M earplug settlement is likely to shock the market. This is the second bellwether trial that resulted in punitive damages. 3M Earplug Lawsuit | March 2023 Update | Settlement Talks How Much Longer Will 3M Earplug Lawsuit Take?