Jury selection has started for three lawsuits that are consolidated for the first bellwether trial in the 3M earplugs multidistrict litigation (MDL). The selection began on Monday and the trial will be held in Pensacola, Florida.
The focus of the trial is to get answers to the questions that are central to all the cases, which is whether the earplug designers at Aearo Technologies, later acquired by 3M, manipulate test results, hide design shortcomings, and/or fail to instruct the military in the proper use of the earplugs.
U.S. District Judge M. Casey Rodgers, presiding over all 3M earplugs lawsuits, has also allowed plaintiffs over the choice of states' laws that should be applied in their upcoming bellwether trials.
The first bellwether trial is scheduled for April 5 through April 30 and will involve claims filed by three plaintiffs. Out of the three cases, Georgia law applies to two plaintiffs, and Kentucky law applies for the third one.
According to the court order dated February 24, the second trial will begin on Monday, May 17, 2021, and will conclude by Friday, May 28, 2021. The third trial will begin on Monday, June 7, 2021, and will conclude by Friday, June 18, 2021.
The result of these trials will not hold an obligation on other cases and will be closely monitored by the parties as it would influence settlements for veterans, helping avoid the need for individual trials nationwide in the coming years.
Currently, more than 220,000 claims are filed by veterans from state courts in California, Minnesota, Oklahoma, and Texas against 3M Company, each raising similar allegations that the hearing loss injuries were caused by defective 3M earplugs that were standard issue by the military between 2003 and 2015.
