In August 2023, 3M Company initiated a settlement process to resolve over 300,000 lawsuits related to hearing damage claims from veterans, funding a $6 billion agreement.
These lawsuits allege that the company’s Combat Arms earplugs, used by service members from 2003 to 2015, had design flaws that led to hearing loss and tinnitus. The veterans accused 3M and its subsidiary, Aero Technologies, of being aware that the earplugs did not adequately seal the ear canal but continued selling them to the U.S. military, leaving soldiers unprotected during combat and training.
The lawsuits, sharing similar legal and factual issues, were consolidated in an MDL (multidistrict litigation) under a U.S. District Judge in the Northern District of Florida for over three and a half years. Additional cases are pending in Minnesota state courts, where 3M is headquartered.
After jury trials in the MDL resulted in substantial damages against 3M, the company agreed to the $6 billion settlement, to be paid over five years. On December 27, 3M announced its first payment of $250 million into the Qualified Settlement Fund. This initial payment is earmarked for 25,000 to 30,000 veterans who chose quicker, smaller payments. The settlement allows for staggered payments until 2029, averaging about $24,000 per claimant, though individual amounts may vary significantly.
However, there are concerns about the adequacy of the settlement amount and whether enough veterans will accept the terms. Plaintiffs had a six-month window from August 29 to decide, and the settlement requires 98% participation to proceed. There's skepticism among some veterans regarding the sufficiency of the compensation for their permanent hearing injuries.
In response to these concerns, 3M's recent press release emphasized the settlement's broad support among claimants and the military community. The company highlighted this backing as crucial for advancing towards the full implementation of the settlement terms. The ongoing process marks a significant development in addressing the claims of veterans affected by the alleged earplug defects.
