The continuing litigation in Florida over whether 3M Co. is liable for injuries sustained by military personnel who were wearing earplugs manufactured by the company produced split jury verdicts over the past week.
A Tallahassee jury on Monday sided with plaintiff Guillermo Camarillorazo, awarding the Army sergeant $13 million as a result of hearing injuries he sustained while wearing the earplugs. The jury awarded the sergeant more than $800,000 in damages for future pain and suffering, past suffering, loss of hearing capacity and future medical expenses, as well as $12.2 million for fraud, malice or gross negligence.
But last Friday, in a case brought by Army veteran Joseph Palanki, a Pensacola jury issued a verdict saying 3M was not negligent and rejected Palanki’s claims that the Combat Arms Earplugs version 2 (CAEv2) were defective.
The verdicts were part of the bellwether, or test, trials in multidistrict litigation (MDL) involving the CAEv2 devices that were manufactured for the U.S. military to protect service members from hearing loss when in the presence of military weaponry. Seven such trials have been held so far.
“Today’s verdict in the Palanki case is an important demonstration that jurors agree 3M’s CAEv2 product was safe and effective to use,” 3M said in an emailed statement last week. “The result, along with previous outcomes, supports our position in this and future litigation on this matter.”
3M expressed disappointment over Monday’s $13 million jury award but added that it follows two consecutive defense verdicts.
“At all times 3M’s conduct with respect to the CAEv2 product was consistent with the company’s values and longtime commitment to keeping our military safe,” a recent 3M statement says. “We will appeal this award, including non-compensatory damages, as we continue to vigorously defend our record in these matters.”
Nine additional claims are scheduled to be tried through May of next year. So far, juries have sided with the company in three of the cases, while plaintiffs have prevailed in four.
“3M remains confident that our arguments are breaking through with juries, and we look forward to continuing to defend our product in all upcoming trials,” 3M said.
The MDL arose as a result of more than 250,000 claims by former and current service members who say the product caused hearing loss and tinnitus.