3M has lost two of three bellwether trials in a massive legal battle over whether it sold defective earplugs to the U.S. military, causing hearing damage to soldiers.
A federal jury in Pensacola Friday awarded $1.7 million to Lloyd Baker, one of over 230,000 military personnel or veterans who have sued Maplewood-based 3M in one of the largest mass torts ever.
The jury ruled in favor Baker on his “failure to warn” claim in the amount of $1.7 million, holding 3M 62% liable and Baker 38% liable.
“Friday’s outcome, as well as our win in the last bellwether trial, affirms our confidence in our case, and we will continue to defend ourselves in this litigation.”
3M became a giant in the military earplug market when it bought Aearo Technologies in 2008. The company maintains that Combat Arms plugs were designed properly and worked as they should.
Plaintiffs say 3M made earplugs that were knowingly defective, causing hearing loss and tinnitus.
The lawsuits are roped together in a “multidistrict litigation” or “MDL” case, which is used in the federal court system for complex product liability matters with many separate claims. MDL cases commonly feature bellwether trials, which set a tone for resolving all claims.
The less variance in the bellwether trial outcomes, the more likely a settlement.
The first bellwether trial in April went the plaintiffs’ way, with a jury awarding $7.1 million — mostly in punitive damages — to three U.S. Army veterans. In the second bellwether in May, 3M prevailed when the jury rejected the plaintiff’s claims.
With first three bellwethers complete, more may now be scheduled.
The wave of veterans’ claims against3Mcame after the company settled a whistleblower suit in 2018.
That suit was brought by rivalearplugmaker Moldex-Metric on the U.S. government’s behalf, after an inquiry by the Army Criminal Investigations Command. The suit claimed Aearo knew about “dangerous design defects” in itsearplugsin 2000.
In a 2018 report, the Army concluded that had the government known about tests Aearo had done in 2000, it may not have purchased Combat Armsearplugs. In the whistleblower settlement,3Mpaid a $9.1 million penalty but denied all claims and did not admit liability.