3M, a multinational conglomerate, has agreed to pay $6 billion to settle a lawsuit with U.S. veterans and service members who claimed that the company’s earplugs were defective and caused them hearing damage.
The settlement, announced on August 29, 2023, will resolve approximately 300,000 lawsuits that were filed against 3M and its subsidiary Aearo Technologies, which manufactured and supplied Combat Arms earplugs to the U.S. military from 2003 to 2015.
The earplugs were designed to protect the service members’ ears from the loud sounds associated with military training and combat, such as gunfire, explosions, and aircraft noise. They had a dual-ended design that allowed users to switch between two modes: one that blocked all sound and one that blocked only loud sounds while allowing low-level sounds, such as commands and enemy movements, to be heard.
However, the plaintiffs alleged that the earplugs had a design flaw that made them too short to fit properly in the ear canal, causing them to loosen and let in harmful noise. They also accused 3M of hiding the defect, falsifying test results, and failing to provide instructions for the proper use of the earplugs, resulting in thousands of service members developing hearing loss and tinnitus (ringing or other noise in the ear).
The lawsuit was one of the largest mass tort cases in U.S. history and involved allegations of product liability, fraud, and negligence. The case was consolidated in a federal court in Florida, where several bellwether trials were held to test the strength of the claims and the defenses. Both sides had won verdicts and negotiations seemed stalled until 3M failed in an attempt to move the lawsuits to bankruptcy court.
The settlement agreement, which was reached with the help of a court-appointed mediator, will provide compensation to the eligible claimants based on the severity of their hearing damage, their age, and their military service. The agreement also includes a process for resolving any future claims that may arise from using the earplugs.
3M said in a statement that it denies any wrongdoing and that the settlement does not constitute an admission of liability. The company said it decided to settle the case to avoid the uncertainty and cost of continued litigation. The company also said it remains committed to supporting the U.S. military and its service members.
The plaintiffs’ lawyers said in a statement that they are pleased with the settlement and will provide justice and relief to the veterans and service members who suffered hearing damage due to the defective earplugs. They also said they hope the settlement will raise awareness of the importance of hearing protection and prevention for the military and the general public.
