A Pensacola jury last week found that 3M Corp. bears no liability in the case of a U.S. Army veteran who alleged that the company’s military earplugs caused her hearing loss and tinnitus.
Michelle Blum’s case was among the five bellwether cases, or test cases, involving the dual-ended military earplugs that former service members said were defective and led to their injuries. Plaintiffs have won damages awards in three of those cases, but defendant 3M has prevailed in two of them, including the Oct. 29 verdict handed down by a federal jury in the Northern District of Florida.
The jury agreed in a unanimous verdict that the plaintiff had not proved any of her claims, including gross negligence, fraudulent misrepresentation, fraudulent concealment, consumer fraud and the argument there was a design defect.
“We are pleased with (Friday’s) verdict, which demonstrates once again that the CAEv2 product was effective and safe to use,” 3M said in a statement emailed to the Florida Record. “(Friday’s) result, along with previous outcomes, affirms our confidence in our case and shows that plaintiffs face significant challenges — not just here but in all the trials in this litigation — as each case must be proven on its own facts. We look forward to defending ourselves at all upcoming trials.”
The plaintiffs’ law firm Seeger Weiss LLP has described the 3M military earplugs litigation as the largest consolidated mass tort in U.S. history. The multidistrict litigation (MDL) stems from more than 250,000 claims by former U.S. military members who say the product caused their hearing problems.
Two other 3M military earplugs trials are getting under way this week. Plaintiffs have alleged that the design of the earplugs was defective, leading to their loosening when they were worn by service members in the presence of military weapons or equipment.
3M has said that the number of potential earplugs cases does not correlate with the numbers of trials that will be heard in federal court.
“While we do not yet know how many plaintiffs’ claims will actually be subject to litigation, we do know for certain that the universe of those cases is smaller than the number of claims plaintiffs’ counsel has placed on the administrative docket and cited in media materials,” 3M reported. “... Additionally, plaintiffs’ lawyers have already dismissed several bellwether cases — more than the cases that have been tried to date.”