About the Case
From 1999 to 2015, 3M knowingly marketed, manufactured and sold dangerously defective earplugs, specifically the Dual-Ended Combat Arms Earplug, Version 2 (or CAEv2), to consumers and the United States Military. The earplugs were marketed as dual-purpose - wearing them one way would allow sounds such as speech to be heard while also blocking loud impulse sounds like battlefield explosions, and the opposite end was designed to block as much sound as possible. Neither side worked as represented to the soldier, thus providing far less protection than was needed for our service members.
However, based on the company’s own testing, the CAEv2 were dangerously defective. The earplug could loosen, allowing noise to pass through and subsequently cause serious hearing damage. The lawsuit alleges that 3M was aware of this defect and manipulated its testing by changing the standard fitting procedures to achieve favorable results.
At no time did 3M warn the military, servicemembers or the public that its product was faulty - leaving servicemembers unknowingly exposed to dangerous levels of hazardous noise. In 2015, 3M discontinued the CAEv2, and in 2018, reached a $9.1 million settlement with the federal government to resolve a whistleblower complaint regarding the sale of these earplugs to the Department of Defense.
Today, thousands of civilians and military personnel suffer from hearing loss, tinnitus, and/or additional hearing-related injuries, which have been shown to lead to higher risks of insomnia, social isolation, depression, anxiety, Post Traumatic Stress Disorder (PTSD), and suicide.
The Bottom Line: 3M rigged its tests, concealed known defects, and created misleading marketing materials to capture lucrative military contracts, and knowingly jeopardized the health and safety of the men and women who fight for our country in the process. When our servicemembers put their lives on the line or train here at home, they should not have to worry about the adequacy of their equipment. Accordingly, we plan to hold 3M accountable and ensure servicemembers and others injured by these earplugs receive the care and support they deserve.
Timeline
The 3M Dual-Ended Combat Arms Earplug version 2 (or CAEv2) are one-sized, dual-ended earplugs that were marketed and sold to civilians and the United States military from approximately 1999 to 2015. The timeline below provides an overview of the testing and marketing that has led to this litigation.
1999
U.S. servicemembers begin receiving CAEv2.
2000
Earplugs are retested, but manipulated to achieve a tighter fit. Defendants did not notify anyone that they changed the standard fitting procedures.
2012
3M ad: "Hear the action now, hear life later." See Ad
2018
3M agreed to pay government $9.1 million to resolve allegations that it knowingly sold CAEv2 to the U.S. military without disclosing design defects.
2021-2022
During the bellwether trial process, juries have entered a verdict in favor of 13 out of the 19 servicemembers to go to trial to date.
August 29, 2022
Judge Graham denied 3M’s motion for a preliminary injunction, allowing the MDL to move forward against 3M.
February 3, 2023
Plaintiffs filed a motion asking the bankruptcy court to dismiss 3M subsidiary Aearo’s bankruptcy case.
2000
Testing of the CAEv2 reveals that the design prevents a proper fit into the user's ear canal, allowing hazardous noise to get through.
2008
3M acquired Aearo (and thus any liability associated with its past conduct) and hired the employees at Aearo that developed and tested the defective earplugs.
2015
3M discontinues CAEv2 but none were recalled (and thus likely still used by servicemembers).
2019
The Judicial Panel on Multidistrict Litigation centralized and transferred litigation, MDL No. 2885, to the Northern District of Florida.
July 26, 2022
3M subsidiary Aearo Technologies filed for Chapter 11 bankruptcy in Indiana in an attempt to pause the MDL.
December 22, 2022
Judge Rodgers issued an order precluding 3M from shifting blame to its Aearo subsidiary as a sanction for the company’s explicit statements and conduct establishing itself as the sole liable party.
June 9, 2023
Judge Graham, who is overseeing the 3M/Aearo bankruptcy, dismissed the bankrupty case -- a victory for the servicemember plaintiffs.