https://www.lezdotechmed.com/blog/product-liability/3m-earplug-lawsuit/
In the 3M earplug lawsuit, over 300,000 veterans are suing 3M for defective earplugs. This is a product liability claim in the form of a class-action lawsuit. Hearing loss in veterans is caused by blasts, small-arms fire, IEDs, artillery fire, and other sources of high-intensity noise. It also contributes to conditions such as post-traumatic stress disorder and traumatic brain injury.
To address this significant risk, the United States military decided to provide veterans with protective earplugs. The earplugs designed by Aearo Technologies, LLC were so popular that they were awarded an exclusive military contract to design the Combat Arms version 2 (CAEv2) earplugs for the US military. A definitive agreement for the acquisition of Aearo was signed by 3M in 2007.
Moldex-Metric Inc. filed a whistleblower claim against 3M Combat Earplugs, which resulted in the company's demise. Moldex, a manufacturer of respiratory and hearing protection products, filed a whistleblower lawsuit.
The following are the arguments advanced by Moldex in its whistleblower action against defective 3M earplugs:
- 3M lied to federal authorities about the earplugs' safety.
- 3M failed to notify users of design flaws.
- 3M employees were aware of the flaw.
- 3M earplugs did not protect the veterans' hearing loss or ear injuries.
- 3M relied on flawed testing methodologies to ensure product efficiency.
- The noise reduction rating advertised by 3M was incorrect.
3M agreed to pay $910,000 to settle the dispute. Due to an increase in the number of complaints filed against 3M for defective earplugs, the Judicial Panel on Multidistrict Litigation centralized and transferred the 3M Combat Arms Earplug Products Liability Litigation, MDL No. 2885, to the United States District Court. Ten of the sixteen bellwether trials in the 3M earplug lawsuit were won by the plaintiffs, while six were won by the defendant. Damages can include pain and suffering, lost income, loss of consortium, and so on. In 2022, 1000 3M earplug lawsuits are set to go to trial. The MDL is expected to reach a global settlement in a few years, with both the plaintiffs and the defense reaching an agreement. The action may then proceed as individual claims if each plaintiff does not agree to the global settlement.
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