January 8, 2023 Update: Bloomberg reports 3M has spent over $450 million in defense costs in the earplug litigation. There is also reason to be pessimistic. We were following the Wilkerson trial more closely and the jury is out in that case and will likely issue its verdict on Monday. The only problem is that 3M will be able to file an immediate appeal of this ruling (which it certainly will), and the MDL cases will be stayed pending the outcome of that appeal. The global settlement value the resolution of almost all claims at one time would likely be less because you rarely get trial value in a mass tort settlement. Day 6, Tuesday, January 18th, saw the expert testimony of Dr. Marc Bennett. The 3M earplugs MDL is the biggest consolidated mass tort in history, but until now it has been off the radar. The U.S. approved reasonably precise specifications; The equipment conformed to those precise specifications; and. This insultingly low amount would net each plaintiff a mere $5,000. July 15, 2022: The 3M earplug settlement talks began today and will go through the weekend in Florida. 3M claims the earplugs were safe. He testified for nearly 8 hours. The lawsuits are affecting 3M shares and signal a warning to other companies that liability risks may outweigh the gains from manufacturing similar protective products. Combat Arms Earplugs left veterans entirely unprotected from damaging high-level sounds. So why now? Dr. Packer told the jury that Sloan and Wayman suffered hearing damage during their time in the Army as a direct result of defects in the 3M Combat Arms earplugs. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. This 3M lawsuit is the largest mass tort in American history. The next bellwether trial begins today in the case of Denise Kelley. Yet, there was nary a whisper that Aearo, and not 3M, was the only proper target, or even a target. The cases were consolidated in the Northern District of Florida under Judge M. Casey Rodgers. 3M is a historically significant company, a piece of America. The denial of the bankruptcy plan has led to intense pressure from Wall Street to get the litigation settled. This will box 3M in a corner. But with these three trials completed, it is hard to say what will get 3M in more of a reasonable settlement posture. The earplug bellwether trials so far have been two weeks each and they only involved one plaintiff in all but two trials. There have now been 7 rounds of bellwether trials involving 9 plaintiffs in the 3M earplugs litigation. October 14, 2022 Update: The U.S. Court of Appeals for the 7th Circuit has agreed to an expedited review of 3Ms appeal of the bankruptcy court decision that effectively blocked 3M from pulling the 230,000 earplug lawsuits into bankruptcy. If you are 3M, you dont want to try that case. May 11, 2022 Update: The 3M MDL class action judge dismissed over 20,000 cases because the plaintiffs failed to produce documentation (mostly official military service records) required to support their claims. The Bankruptcy Court has scheduled a Status Conference to address the Motion to Dismiss recently filed by the 3M earplug MDL plaintiffs. The response broke no new ground. What is Data Day? by Roy D. Oppenheim. That data here shows we have a good statistical understanding of what all of the claims are about. So we expect (an incorrect assumption in hindsight) the bankruptcy judge to rule before the end of tomorrow whether 3M lawsuits will be paused for the Aearo bankruptcy in the 3M earplug litigation. The motion is an effort to block any remaining hope 3M may have of forcing the litigation into bankruptcy via its Aearo subsidiary. Is that a lot of money? This litigation threatens to tarnish their legacy forever. No matter what, the company refused to admit any wrongdoing in agreeing to the settlement. So the 16th and final bellwether trial concluded this afternoon with this massive $77.5 million verdict for the plaintiff, Army veteran James Beal. This prompted lawyers for the MDL plaintiffs to argue that K&E could not simultaneously represent Aearo in its bankruptcy because it presented a conflict of interest. This trial day mostly involved the testimony of Richard McKinley, a key expert for soldiers in the 3M earplug lawsuits on why the earplugs were defective. The metric favored by 3M would result in a very large percentage of plaintiffs (as high as 85%) being classified as having no injury and excluded from any settlement. January 20, 2023 Update: On Wednesday, the Judge in the 3M earplugs MDL canceled the court-sponsored earplug settlement mediation that had continued intermittently for the last year and a half. 3M still owes Judge Rodgers some financial information. If you meet the criteria, our product liability lawyers can assist you in filing a 3M earplug lawsuit. Unrivaled. November 14, 2022 Update: The judge in the bankruptcy filed by 3M subsidiary Aero Technologies has ruled that 3Ms law firm, Kirkland & Ellis, can continue to represent Aero in the bankruptcy. Sloan was then cross-examined by 3Ms lawyers for about 90 minutes. By 5:30 the jury had decided that Palanki failed to prove any of his claims against 3M and returned a defense verdict. I suspect the vast majority of these hearing loss and tinnitus lawsuits are strong claims. During that presentation, Judge Rodgers noted that the data was subject to multiple interpretations and that 3M has chosen to interpret it in a way that is most advantageous to its position. Aearo wanted to hire Kirkland & Ellis as bankruptcy counsel. Our lawyers believe 3M has a minimal chance of winning this appeal. Counsel for 3M also filed a stipulation stating that the companys net worth is currently $12.39 billion (assets, presumably, the company is worth over $80 billion). If 3M is allowed to move forward with the bankruptcy, the current earplug lawsuits will be automatically stayed and the current plaintiffs will become creditors. The bankruptcy court will appoint a plaintiffs lawyer committee to negotiate with 3M on a global settlement of all claims. Call 954-384-6114. 3M cannot even make this argument to the jury, the court ruled, because no reasonable jury could conclude that the military made Aearo/3M do anything. Now that the bankruptcy plan has been rejected, Judge Rodgers has decided to force 3M to march right back to the settlement table and do it again. Wait what? The day finished up with video testimony from former Aearo employee Ronald Kieper. Last week provided 3M earplug lawsuit verdicts in the 6th and 7th bellwether test trials in the ongoing 3M earplugs litigation, the largest consolidated mass tort in U.S. history. The jury awarded total damages of $13,062,320 to Camarillorazo. Based on prior verdicts and settlements in cases involving hearing loss, we expect the trial value of 3M earplug cases to be somewhere between $25,000 and $300,000 per person (notwithstanding the over $2 million per person the plaintiffs received in the first hearing protection trials). 2885) forward for pretrial proceedings. Yesterday afternoon 3M filed a motion in the Aearo Technologies bankruptcy which provided an estimate of how much it would cost to resolve the earplug litigation.In that motion, 3M claimed that medical testing records recently produced by the Department of Defense show 90% of the earplug plaintiffs have no hearing loss. If might want to bring a claim, hurry. 2023 Stars and Stripes. Hopefully, 3M will offer reasonable settlement amounts to these plaintiffs and thousands next month before a ruling is needed. March 2, 2023 Update: Shares of 3M rose sharply yesterday after the company filed a motion in the Aearo bankruptcy proceeding claiming that recently produced medical records from the Department of Defense show that 90% of the 3M plaintiffs have no hearing impairment. Meanwhile, however, Judge Rodgers order means that thousands of earplug plaintiffs can avoid having to produce documents to support their claims and pay filing fees. 3Ms Chief Legal Affairs Officer, Kevin Rhodes, claimed that the recent decision by the Bankruptcy Court rejecting 3Ms strategy was wrong and is being appealed directly to the Seventh Circuit. March 3, 2022 Update: We are now 11 days from the next trial on the Steve Wilkerson case, an Afghanistan veteran. Under the approach favored by the plaintiffs, a much smaller percentage of plaintiffs would be excluded. All you need to do is provide a small bit of information. As noted earlier, in 2018, 3M paid the United States military $9.1 million to settle a defective earplugs lawsuit. It is. If the 3Ms appeal of the bankruptcy court decision is denied, however, this will all be moot. Thousands of veterans and current military service members may be entitled to receive financial compensation in the 3M earplug lawsuit for hearing loss and tinnitus caused by defective earplugs. With no upcoming trial dates, there is no great pressure on 3M and the company has shown an unwillingness to be serious about offering reasonable earplug settlement amounts to resolve this litigation. But the Supreme Court decision in Boyle v. United Technologies Corp in 1988 updates Feres and made our attorneys confident we would prevail. Back to the settlement table. This is the largest MDL in history. But you have to understand there are over 200,000 lawsuits as of December 2022 and there are few if any developments in individual cases. This prevents any proceedings from moving forward against Aearo in the earplug lawsuits, but not against 3M. Judge Rodgers granted a defense motion requiring plaintiffs who have not complied with court orders to produce basic information to show cause why their case should not be dismissed. The contact form sends information by non-encrypted email, which is not secure. McKinley has testified in all the previous bellwether trials, although this is the longest time he has spent on the stand. But didnt that already happen this weekend? But is the number 75% or 90%? The plaintiffs scored victories in the other Rounds. "@type": "Question", But if you have yet to speak to a lawyer about your case, now is the time. She also ordered the parties to resume the settlement mediation. But we have also learned that 3Ms bad behavior will not give victims a pass past the burden of proof of showing that their hearing loss was caused by 3Ms negligence. The only caveat is that 3M will now file an immediate appeal of this new ruling, and the MDL cases will be stayed pending the outcome of that appeal. The problem with this? But it is also true that there is no cost to bring a claim and no risk. 3M had an exclusive contract with the U.S. military via the U.S. Department of Defense. This is after Judge Rodgers told us earlier in the week that there was a settlement impasse because 3M sought to resolve earplug lawsuits through the bankruptcy proceedings in Indiana, and the plaintiffs lawyers reject a bankruptcy-only resolution. But the mediators report that they respectfully disagree with the characterization of certain of the facts that underlie Judge Rodgers conclusion. February 23, 2023 Update: Judge Rodgers held the 3M earplug data day as planned this morning, which featured comments from the bench and a 90-minute presentation from the third-party claims administrator. After a 2-week trial before Judge Mark Walker, the jury came back with a verdict Monday afternoon. Our lawyers have consistently said that the average settlement amount in the first round of settlement will average between $50,000 and $100,000. It is also a distraction from the path to a fair settlement that is in everyones interest. (3:19-cv-2324). A federal jury on Thursday awarded $110 million to two U.S. Army veterans who said they had hearing damage because of combat earplugs produced by the . There are deadlines to sue. The next trial in group D will follow immediately after in Pensacola on Monday, March 28, 2022, with the case of Denise Kelley. The trial value could be in this range or even higher (much higher for the first three victims, as it turns out). Bankruptcy Judge Jeffrey Graham denied 3Ms request. We think this is an effort by Judge Rodgers to facilitate continued settlement negotiations between 3M and the plaintiffs by giving everyone involved in the litigation a better idea of the scope and nature of the 268,000 hearing loss claims currently on the table. So far, 6 out of the 9 bellwether plaintiffs have won their claims against 3M and been awarded damages. "text": " As self-serving as it is to say, our lawyers get this question constantly. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. These 3M trials will have to be consolidated into groups of 50 soldiers to try at one time. Fallow is an audiologist and Technical Senior Service, Specialist. Nadler and Takano's proposed bill would set a maximum cap on Camp Lejeune attorney's fees at 20% if the case is resolved in a settlement during the 6-month administrative claim stage. But these are big trials in this litigation. 3M has filed similar motions in all of the previous bellwether trials and all of them have been denied. This time, however, the summary judgment motion has a much better chance of being granted, and Judge Rodgers may be inclined toward it. 3M loses. Dr. Packer is an Ear, Nose & Throat specialist at Mercy Hospital in St. Louis. Our lawyers are handling 3M earplug lawsuits in all 50 states. But the verdict is unlikely to move the needle in settlement negotiations. Following the bankruptcy ruling, 3M is facing enormous external pressure from investors and financial analysts who tell them they have no choice but to capitulate by dropping all of the legal gamesmanship and offer reasonable settlement amounts to veterans who have suffered from these defective earplugs. Because bankruptcy is a more equitable system for valuing claims for settlement than the civil justice system we have had for hundreds of years in this country? But the judge could not try the case this month for reasons external to the 3M litigation. Berger, as every reader of these updates knows, is a former 3M audiology scientist and head of the 3M Personal Safety Division. Plaintiffs lawyers contend in this brief and throughout this litigation that 3M is not a government contractor entitled to protection under the Feres Doctrine. There are two sides to this coin. In Luke Vilsmeyers trial, the jury awarded $50 million yesterday. If we track wins and losses by individual plaintiffs, we get a more accurate picture of where things stand. You can reach our earplug lawyers at 800-553-8082 for a free consultation. I understand that submitting this form does not create an attorney-client relationship. I understand that submitting this form does not create an attorney-client relationship. 3M also complains that everyone is getting it wrong multiple judges, juries, and financial analysts. Need an attorney for the 3M Earplug Lawsuit? "acceptedAnswer": { Judge Rodgers forced 3M to participate in a settlement mediation just over a month ago, and she was less than thrilled when 3M launched its bankruptcy strategy immediately after the mediation concluded. "@context": "https://schema.org", 3Ms defense team also filed a Motion for Judgment as a Matter of Law, arguing that punitive damages should not be permitted because the plaintiff failed to meet certain evidentiary burdens under Texas law. You should be optimistic because Judge Rodgers is right the lawyers and parties know more about the strengths and weaknesses of this litigation than any other piece of litigation in America. January 6, 2023 Update: This litigation is in limbo. The 3M earplug lawsuit will settle when 3M finally realizes that it cannot keep deferring the resolution of this litigation. One small problemEleven out of 13 jury verdicts in favor of soldiers would fall into 3Ms not harmed category. April 8, 2022 Update #2: A defense verdict for 3M in the Kelley trial today.My take on the Kelley 3M verdict. But just before those settlement talks, 3M executives were making statements to investors and financial analysts indicating that they are still clinging to the belief that they can settle the litigation in the bankruptcy court. This means that the proceedings in the earplug lawsuits can technically continue against 3M. The supplier warned the U.S. of the danger associated with the equipment that only the supplier knew of. October 24, 2022 Update: 3M wants to pretend that Aearo is a separate company from 3M. April 8, 2022 Update:The 8th day of the trialfeatured the cross-examination of 3Ms witness Dr. Casali. They are not. No one knows, and the average value is impossible to estimate. June 28, 2022: On Sunday, the Wall Street Journal released a story entitled 3M Faces Billions in Liabilities Over $7.63 Earplugs. Because that was the point of this whole scheme to hide from juries behind the Bankruptcy Code. This did not get Wall Streets attention until recently. There is a lot of speculation that the trial was pushed back to allow settlement talks to continue. But this is something our lawyers will discuss with you. That decision will significantly impact the course of the litigation moving forward and could potentially render the appeal in 3Ms controversial bankruptcy gambit essentially moot. March 27, 2022 Update: In a historical weekend in the 3M earplug litigation, the Wilkerson jury came back yesterday with an $8 million verdict. (For context, this $33 billion also includes the PFAS lawsuits.) Before we get to the meat of the 3M Combat Arms earplug lawsuits, our attorneys update you with the latest news in the 3M earplug litigation. Judge Rodgers explained that both sides are entrenched in their respective data metrics and that this has been the primary roadblock to getting a global settlement done. This is garbage the general rule of the Bankruptcy Codes powerful automatic stay is that it should not extend to joint tortfeasors. 3Ms subsidiary, Aearo Technologies (which made the earplugs at the center of the litigation) filed a voluntary chapter 11 bankruptcy today and will seek to create a trust fund for settlement of the thousands of pending earplug claims. None of which have been granted. February 23, 2023 Update: The 3M data day presentation took place this morning as scheduled. If you follow the history of mass tort settlements, there is no question that this moment seems opportune for a global settlement deal in the 3M litigation. Jan. 28, 2022. 3M argued that the earplugs MDL is overrun with bogus claims by plaintiffs who are not being vetted and dismissed from the case. The $110 million verdict against 3M in the Sloan/Wayman bellwether trial is starting to draw the attention of people 3M cares about Wall Street analysts and investors. 3M Combat Arms Earplug Lawsuit Attorneys Thousands of veterans and current military service members may be entitled to receive financial compensation in the 3M earplug lawsuit for hearing loss and tinnitus caused by defective earplugs. "@type": "Answer", So a settlement in bankruptcy court might be the face-saving venue 3M needs. Can I repeat that? This is good news for 3M. Thats it. This information is included in Aearo's estimation motion filed in the U.S. Bankruptcy Court in Indianapolis. That bankruptcy was admittedly different in some ways. "@type": "Answer", She points out that [f]rom the start, Aearo was a party to this litigation in name only. The judge refers to 3Ms recent strategy to have Aearo assume full liability for the earplug claims and then file bankruptcy as a scheme designed to avoid the MDL. The overriding takeaway from the presentation was that 3M and the plaintiff leadership have adopted vastly different interpretations of the injury data based on various metrics. July 13, 2022: 3M filed a brief asking the court to extinguish judgments in the nine cases they lost. Using the Feres doctrine, the plan was to invoke the government contractor defense as a shield from state tort liability. But that same law firm represents 3M an apparent conflict. The earplug litigation is by far the largest mass tort in history. But this might get us closer to a global settlement of the earplug lawsuits. If you believe you may qualify for a 3M earplug lawsuit and need assistance filing a 3M earplug claim, call 1-800-525-7111 today. The MDL judge yesterday ordered over 20,000 lawsuits parked on the administrative docket transferred to the active docket within 60 days. If 3M was truly ready to get this litigation settled, there would be no need to involve the bankruptcy judge in that process. The average compensation payout for soldiers who were awarded damages is approximately $3.3 million. There are no guarantees. This lawsuit will not involve dividing up the $9.1 million, but rather a service member affected due to the earplugs have their own individual cases against 3M. As for how many 3M trials are left the trials will go on and on until there is a global settlement deal. That response came on Tuesday when Judge Rodgers issued an Order requiring 3M to participate in a new settlement mediation. So if you are sitting on the sidelines and have not brought a 3M earplug lawsuit but are considering it, now is the time to act. For the first time, this litigation has meaningfully impacted 3Ms stock price. So that is an issue that plaintiffs lawyers have to deal with in these cases. Our lawyers have always said 3M would be foolish to let the 11th Circuit rule on this before settling the lions share of these lawsuits. My favorite line from the order: Furthermore, it is nonsensical to argueas 3M hasthat a stay of the Courts injunction promotes the public interest.. Berger has testified in all of the bellwether trials. May 4, 2022 Update: A new phase of the 3M earplug lawsuit is coming. February 4, 2023 Update: Plaintiffs lawyers asked a judge to dismiss the Aearo bankruptcy petition after an appellate court dismissed a similar bankruptcy involving Johnson & Johnson in the talc powder litigation. September 6, 2022: Just days after the Bankruptcy Court denied 3Ms motion to extend the automatic stay and effectively halt the 3M earplugs litigation, MDL Judge Casey Rodgers responded by issuing a new Order on Tuesday requiring 3M to take part in another settlement mediation. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The strategy has been to kick the can down the road. 3M could face billions of dollars in liabilities for the remaining earplug suits. July 25, 2022: The week after the mandatory settlement mediation ordered by MDL Judge Casey Rodgers, the parties filed motions to gear up for the next massive wave of trials. I dont think 3M wants to try another case and would like to find a way to settle these claims. Is The 3M Earplug Lawsuit Worth It? Our lawyers looked at the applicable law and believed the plaintiffs would defeat this argument.