According to a motion filed on May 3, Judge Rodgers urged to establish a separate track for pretrial proceedings involving 3M Earplug class action claims filed in the recent multidistrict litigation (MDL No. 2885; In Re: 3M Combat Arms Earplug Litigation). The process is designed to avoid duplicity in pretrial schedules and for the convenience of the parties, witnesses and the court system.
Around 600 military veterans have filed lawsuits over hearing loss allegedly linked to 3M earplugs, and around tens of thousands of cases are expected to be filed by veterans nationwide. In a court order issued on May 8, Judge Rodgers specified the issue would be discussed at a case management conference to be held on June 17, and stated that the parties should be ready for the discussion at the hearing.
Apart from the individual lawsuits, seven military earplug class-action lawsuits have been filed by the military service members to seek damages caused due to defective products. The final decision of the class action lawsuits has been left to the court even though the Judicial Panel on Multidistrict Litigation (JPML) has considered a separate track.
The military service members claimed that the manufacturer was aware of the defects in the product, and they failed to inform the military about it risking the veterans for years.
