Facing thousands of personal injury lawsuits, 3M is vigorously defending multi-district litigation consolidated at the Northern District of Florida.
The Combat Arms Earplugs Version 2 (CAEv2) has been targeted in lawsuits based on allegations that design defects rendered the earplugs nonfunctional. Consumer Safety reported the earplugs are supposed to suppress sounds up to 190 decibels. Production was discontinued in 2015 but the product was never recalled. To date, approximately 188,000 people have filed legal claims against 3M claiming hearing damage.
“Often in multi-district litigation, the number of claims reflects the breadth of advertising and recruitment campaigns waged by the plaintiffs’ bar, not the legal and factual merits of the case,” 3M spokesman Tim Post said.
”We deny the Combat Arms Earplugs Version 2 product was defectively designed and caused injuries. The company worked in close coordination with the U.S. military on the product, and its design reflected the direction and feedback of individuals acting on the military’s behalf. The CAEv2 product is effective and safe to use, and we will vigorously defend ourselves against plaintiffs’ claims.”
The first bellwether trial in the Northern District of Florida is expected to begin in April.
Lawsuits arose after a whistleblower claimed in 2016 that 3M knew the earplugs were defective and sold them anyway, Consumer Safety reported. A lawsuit was settled for $9.1 million without 3M admitting liability.