Two former servicemen won a collective $110 million in jury damages awards last week in the latest bellwether trial over allegations that 3M Co. Combat Arms Earplugs were defective and led to hearing loss.
Army veterans Ronald Sloan and William Wayman each won $15 million in compensatory damages and $40 million for punitive damages in the 11th such trial in the Northern District of Florida. The trial, which resulted in the largest payout of the dual-ended earplug cases, concluded Jan. 27.
“Today’s verdict comes on the heels of two consecutive defense verdicts for 3M,” the company said in a statement emailed to the Florida Record. “While we are disappointed with the verdicts, the overall mixed record in the bellwether process thus far shows that plaintiffs face significant challenges in this litigation and each case must be considered on its own facts and circumstances.”
The company has also vowed to appeal the federal court verdict. 3M has won five of the 11 trials that have so far been conducted.
“Consolidating multiple plaintiffs’ cases into one jury trial can confuse jurors, ultimately affecting outcomes,” the statement said.
In a press release, the company said it would continue to make products for the U.S. military that protect the troops and support their operations.
“3M’s conduct with respect to the CAE (version 2) product was consistent with the company’s values and longtime commitment to keeping our U.S. military safe,” the statement said. “We will continue to defend ourselves vigorously throughout this litigation.”
The compensatory damages awarded to Wayman included funds for physical and mental pain, suffering, emotional stress and impairment of quality of life.
Nearly one in three of all the bellwether cases have been dismissed by plaintiffs, according to 3M, showing that defense arguments remain strong.
Plaintiffs’ attorneys point out that there has been a sustained number of juries rejecting 3M’s defense arguments and awarding damages verdicts in the millions of dollars.