A lawsuit against 3M regarding alleged defective ear plugs furnished to U.S. military service members now has a trial date for late March in Pensacola.
Tim Post, 3M spokesperson, told the Florida Record in an email that the company intends to argue that allegations of a defective product are false.
“As we will demonstrate, the Combat Arms Earplugs Version 2 product was not defectively designed and did not cause injuries,” Post told the Record.
In an article published last year, the Military Times noted allegations that the earplugs failed to create a tight seal.
However, development of the ear plugs was conducted with input from the military, Post said.
“The CAEv2 product is effective and safe to use, and its design reflected the direction and feedback of individuals acting on the military’s behalf,” Post said.
Judge Casey Rodgers, Chief U.S. District Judge for the Northern District of Florida, is set to preside over the case which has been joined by an estimated 220,000 service members, according to coverage by WUWF.
Bryan Aylstock, an attorney at the Aylstock, Witkin, Kreis and Overholtz Law Firm, which is representing plaintiffs, said that rather than a class action, the case is moving forward as a mass tort case, with a single judge presiding over multiple, individually-filed suits, according to WUWF.
Aylstock alluded to a previous $9.1 million settlement between the U.S. military and 3M, which he argued demonstrated that 3M knowingly sold a defective product to the military, according to WUWF. The only involvement of the military in the current case is in providing documents.
Regardless, 3M remains confident, Post said.
“We are confident in our case and look forward to defending against plaintiffs’ claims at the upcoming trial,” Post said.