Frequently Asked Questions
FRAUD ALERT
Servicemembers have reported receiving solicitations that claim they can receive money today from 3M. This is false. The litigation regarding 3M CAEv2 earplugs is still pending, and no resolution has been reached.
You should not provide any personal information or sign any documents relating to the 3M CAEv2 litigation if you are unsure of the validity of the request or sender. If you have retained a lawyer in this case, please contact them first before proceeding.
You can also send us any information regarding potential fraud or scams related to the 3M CAEv2 litigation on our contact page.
What are the 3M earplugs in question?
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.
How are the earplugs defective?
The design of the earplug prevented a proper fit and seal when inserting either end of the device into the user’s ear canal, leading the earplug to loosen and allow hazardous noise to get through and cause serious hearing damage.
Did 3M know the earplugs were defective?
Yes. As we allege in the complaint, 3M knew the earplugs were defective after testing them in January of 2000. When the company retested them in February of 2000, it manipulated the fitting instructions to achieve a tighter fit and seal to create favorable results. The company did not notify anyone that it had changed the standard fitting procedures and they continued to sell the defective product with faulty instructions.
What sort of injuries were caused by the earplugs?
Civilians and military personnel alike now suffer from conditions such as hearing loss and tinnitus (i.e. ringing in the ears), which have been shown to lead to higher risks of insomnia, social isolation, depression, anxiety, Post Traumatic Stress Disorder (PTSD), and suicide.
What is the status of the lawsuit? How many cases are there?
Thousands of lawsuits have been consolidated before Judge M. Casey Rodgers in the U.S. District Court for the Northern District of Florida in Pensacola. To date, approximately 250,000 servicemembers, in addition to recreational users of these products (i.e. hunting, industrial settings) have filed suit against 3M.
History of bellwether trials:
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Trial 1: April 2021, $7.1 million verdict (three plaintiffs)
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Trial 3: June 2021, $1.7 million of which 3M is liable for 62% (one plaintiff)
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Trial 4: October 2021, $8.2 million verdict (one plaintiff)
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Trial 7: November 2021, $13 million verdict (one plaintiff)
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Trial 8: December 2021, $22.5 million verdict (one plaintiff)
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Trial 11: January 2022, $110 million verdict (two plaintiffs)
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Trial 12: March 2022, $50 million verdict (one plaintiff)
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Trial 13: March 2022, $8 million verdict (one plaintiff)
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Trial 15: April 2022, $2.2 million verdict (one plaintiff)
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Trial 16: May 2022, $77.5 million verdict (one plaintiff) -- largest to-date
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In the second, fifth, sixth, ninth, tenth, and fourteenth bellwether trials, the jury reached a verdict in favor of the defense.
On July 26, 2022, 3M subsidiary Aearo Technologies filed for Chapter 11 bankruptcy in Indiana in an attempt to avoid accountability. The hearing on Aearo’s motion for preliminary injunction was held before the Honorable Jeffrey J. Graham, United States Bankruptcy Court for the Southern District of Indiana. Judge Graham denied 3M’s motion for a preliminary injunction, allowing the MDL to move forward. On June 9, 2023, Judge Graham dismissed the 3M/Aearo bankruptcy
Has 3M settled any of these cases?
No. 3M has paid no settlements to servicemembers related to claims about these earplugs. Some companies have been promoting cash advances related to 3M earplug claims; we caution all servicemembers before proceeding with anyone promising any compensation related to this issue. Any news of a resolution, if one is ever reached, will be posted on this website.
Separately, 3M agreed to pay $9.1 million to the government as part of a July 2018 settlement resolving allegations that it knowingly sold the Dual-Ended Combat Arms Earplug to the United States military without ever disclosing the design defects. This money was paid to the government, not to servicemembers.
How can I file a lawsuit regarding these claims?
Most servicemembers who filed a lawsuit regarding these earplugs have hired an experienced attorney to represent their interests. The list of firms that have been appointed by the court to lead this litigation on behalf of servicemembers can be found here; however, a plaintiff is not obligated to hire one of these firms (or any firm at all should they decide to file a lawsuit on their own).
Would I lose my military benefits if I participate in the lawsuit?
Filing a lawsuit will not affect your veteran’s benefits. If a resolution were reached that would entitle you to compensation, service-connected VA Disability Compensation Benefits would not be affected; other benefits could be impacted in certain situations. More information will be available on this website if a resolution were reached. In the interim we suggest you consult with your attorney or your local VA center.
Is this a class action?
This is not a class action. This litigation is a mass tort in which each plaintiff is treated as an individual, with each case having its own facts and merits. A key difference is that in a class action, you can benefit from a settlement without taking any action; in a case like this one, you must “raise your hand” (i.e. file a lawsuit) to have your rights protected and to hold 3M accountable.
The individual plaintiff lawsuits that make up the 3M Combat Earplugs litigation have been consolidated into an MDL, or multidistrict litigation. An MDL occurs when multiple civil cases (lawsuits) that share a common issue (injury and defendant) are transferred to a single district court. In this case, all cases have been transferred to the U.S. District Court for the Northern District of Florida in Pensacola, Florida.