Recent Florida jury verdicts in cases alleging defects in 3M Co.’s military earplugs proved a mixed bag for the company, with a Tallahassee jury awarding an Army veteran $21 million for injuries suffered while wearing the devices.
The federal lawsuits filed in the Northern District of Florida involve bellwether, or test, cases in the multidistrict litigation (MDL). The plaintiffs are suing 3M for damages they say they sustained while wearing the company’s Combat Earplugs version 2 (CAEv2) during military service.
In the case involving Army veteran Theodore Finley, a jury on Dec. 10 found that defects in the earplugs caused Finley’s hearing loss and tinnitus. The jury, which concluded that 3M was 100% at fault, awarded compensatory damages of $1.5 million for past physical pain, mental anguish and bodily impairment and $6 million for future pain and suffering.
Jurors also awarded the Army veteran $15 million for exemplary, or punitive, damages due to fraud, malice or negligence.
In the case of Army veteran Carter Stelling, however, a Florida jury found on Dec. 17 that the plaintiff failed to prove his case for strict liability, negligence, fraudulent concealment and other allegations. It did not award Stelling any damages.
The company expressed satisfaction at the conclusion of the Stelling trial.
“Today’s verdict demonstrates once again that the CAEv2 product was effective and safe to use,” a 3M statement emailed to the Florida Record said. “We are confident in our case and will continue to defend ourselves at all upcoming trials.”
During the bellwether trials, juries have ruled against four plaintiffs, but seven others have been awarded damages, according to a tally of jury awards by the law firm Miller and Zois. A total of 10 such trials have been conducted so far.
About 270,000 earplug legal claims have been filed against 3M by thousands of military veterans and industrial workers, alleging that the company had marketed defective hearing protection and provided inadequate instructions on how to use them, according to the law firm Seeger Weiss LLP.