3M Co. moved to even out its win-loss record in the ongoing federal litigation over military earplugs as a Pensacola jury last week found the company was not liable for the plaintiff’s hearing loss and tinnitus.
In the latest case, which is part of one of the largest mass torts in U.S. history, plaintiff Denise Kelley, an Army veteran, alleged that the second version of 3M’s combat arms earplugs (CAEv2) were defective and that potential defects had been concealed from users.
But on Friday, the jury sided with the defendants, finding that the CAEv2 products used by service members did not contain a design defect when they left the company’s possession and that there was no error in the earplugs’ instructions that led to the plaintiff’s injuries.
“We are pleased another jury has sided with 3M,” the company’s spokeswoman, Carolyn LaViolette, told the Florida Record in an email. “We have now won nearly half of the bellwether trials, in addition to the eight cases plaintiffs’ lawyers have dismissed before they reached trial.”
In the 14 bellwether trials in the multidistrict litigation overseen by the U.S. District Court in the Northern District of Florida, 3M has won six of the verdicts.
Hundreds of millions of dollars in damages have been awarded so far in the bellwether trials, but the plaintiffs’ law firm Miller & Zois reported on Friday that the average payout over 30 days has dropped to just over $19 million.
3M remains hopeful about defending its record in supplying the earplugs to the armed forces in upcoming trials.
“This multidistrict litigation’s mixed record demonstrates the strength of 3M’s case and the significant challenges plaintiffs face in proving their claims,” LaViolette said.
As has been the case in previous trials, 3M argued in a motion that no punitive damages should be allowed in the Kelley lawsuit because the plaintiff, a Texas resident, was not entitled to such compensation under Texas law.