The motion is an effort to block any remaining hope 3M may have of forcing the litigation into bankruptcy via its Aearo subsidiary. Veterans agree. So what did they do? 3M argued that the earplugs MDL is overrun with bogus claims by plaintiffs who are not being vetted and dismissed from the case. May 19, 2022: Day 8 of the trial featured live testimony from 3M expert witness Dr. John Casali from Virginia Tech University. July 29, 2022 Update: In a recently filed brief, 3M argued that its new bankruptcy strategy was necessary because it claims that the earplugs MDL proceeding is broken beyond repair. They seemed fine availing themselves of the system until they started getting their brains beaten trial after trial. The approach applied by the plaintiffs results in a much smaller percentage of plaintiffs being excluded. Most of those soldiers were not protected by the defective earplugs and suffered permanent hearing loss. Is the 3M Earplug Lawsuit Worth It? If you used 3Ms Combat Arms Earplugs in the military and have a severe hearing impairment, you may be entitled to financial compensation for your injury. We summarize where we today in this litigation overview of the 3M litigation. Can you see why 3M wanted to hide from juries in bankruptcy court? 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. This ruling means that this appeal could be decided in a few months instead of taking over a year. Thats it. In her Order, Judge Rodgers explained that a settlement would help relieve the federal court system of the massive burden that the earplugs cases will present moving forward. I dont think this is going to work for 3M. The trial was held at the federal courthouse in Pensacola, but it was presided over by a visiting judge from the Northern District of Alabama. Of course. Over the last 30 days, another 2,604 new earplug cases were added to the MDL, bringing the current pending case count to 265,092, At its peak, the MDL was just under 300,000. We think this may be an effort by Judge Rodgers to keep the door open for further settlement negotiations as things play in the appellate courts. "How do I qualify for a 3M earplug lawsuit?" A 2016 lawsuit filed by a whistleblower alleged that 3M had violated the False Claims Act by selling to the Defense Logistics Agency earplugs with a known design defect that, in the Department of Justice's words, "hampered the effectiveness" of the device. But the litigation and appellate calendar affords 3M the opportunity to put its head in the sand. Im not sure that many understand the successor liability issue and how it may impede 3Ms efforts to hide behind bankruptcy laws to shield itself from liability no matter how the 7th Circuit rules. July 11, 2022: The one thing we do not want to do in a 3M earplug settlement is minimize the differences between the strength of the claims in the final settlement amounts. In her Order, Judge Rodgers explains that after years of efforts to mediate a settlement, 3M has recently advised the court that it is determined to force the claims to be settled in the Aearo bankruptcy and, therefore, it has no desire to reach a global resolution in the MDL. Talks are ongoing in the bankruptcy court. There have been some bell weather trials and most have been for the veteran / plaintiffs. The problem with this? January 8, 2023 Update: Bloomberg reports 3M has spent over $450 million in defense costs in the earplug litigation. Your attorney should be in regular contact with you. " If 3M were to prevail on an issue that is common to every 3M earplug lawsuit the government contractor defense these cases would all amount to nothing if that ruling stood (unless Congress stepped in). But 3M is viewed as risky stock right now, which is not where it wants to be. Specifically, we would like your opinion on. This latest admonishment came after 3Ms lawyers sought to defy long-standing procedural rules regarding deposition designations. Not mentioned: it has little chance of success. Still, Judge Rodges deemed the mediation worthwhile and productive The court-appointed mediator is scheduling another mediation session within the next 14 days. These dark green and yellow earplugs were initially developed by Aearo Technologies, a company 3M bought in 2008. After 16 bellwether test trials, the plaintiffs ended up with a win-loss record of 10-6 with total damages of over $300 million. The transcript passed on to us by a veteran represented by another law firm is depressing. This sounds like a bad thing. Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. The summary judgment motion is aimed at preemptively blocking any continuing hope 3M may have of forcing the MDL lawsuits to be resolved in bankruptcy. This unwanted attention might help grease the wheels for settlement talks and a global compensation payout for victims. Why? In her memorandum order, Judge Rodgers explained that Wilkerson was entitled to summary judgment on four out of the five affirmative defenses. All you need to do is provide a small bit of information. October 5, 2022 Update: No 3M earplug settlement remains. One piece of bad news: the October 24th trial that was creating settlement pressure has been pushed back to February. The hearing will pay particular focus on the details of 3Ms agreement to assume Aearos liabilities as part of the deal. But it is very encouraging news that a settlement could be in the works. But it cant muster the energy even to pretend. Judge Rodgers rejected this argument and denied the motion. Settle these cases or start the next wave of trials next month beginning with David Georges trial that could lead down a path where 3M has to declare a very different kind of bankruptcy this time. Our lawyers are getting more 3M earplug calls than ever. I am so grateful that I was lucky to pick Miller & Zois. "@context": "https://schema.org", Judge Graham ruled that Aearos bankruptcy should have no ruling on the earplug lawsuits pending against 3M. The most shocking aspect of the Camarillorazo verdict was the fact that the jury found that 3M acted with fraud, malice, or gross negligence and awarded $12,245,925 in punitive damages. I think this will happen, but this prediction would defy history. Hopefully, later today or tomorrow, we are reporting on a large verdict for Mr. Sloan and Mr. Wayman. May 10, 2022 Update: Yesterday marked the beginning of the end of the 3M earplug lawsuit bellwether trials. Anyone who served in the military from 2003 to 2015 and suffered permanent hearing damage has a potential product liability lawsuit against the earplug manufacturer. July 26, 2022 Update: 3M is trying to play the bankruptcy card, placing Aearo into bankruptcy. Judicial Panel on Multidistrict Litigation (JPML) to consolidate all defective earplug cases to a single federal court for coordinated pretrial proceedings. Berger was one of the people directly involved in the original design and testing of the 3M earplugs at issue in the lawsuits and he has been a critical witness in all of the cases. The median compensatory damage award is $583,448. The judge will issue a show cause order and hold a hearing to determine whether 3M acted in bad faith by filing bankruptcy immediately after participating in a settlement mediation. The trial resumed on Tuesday. September 19, 2022 Update: There was no settlement from the settlement talks last week. It asked the U.S. Bankruptcy Court for the Southern District of Indiana to deny Aearos choice of Kirkland as its bankruptcy lawyers. This litigation threatens to tarnish their legacy forever. The 6th was a different story. Settlement talks are set for February 2023, as we explain in the January 20, 2023 update above. The bankruptcy stay will immediately relieve that pressure and give 3M more leverage in the negotiations. It was far from a perfect case from the plaintiffs perspective. There is a real possibility this bankruptcy which drove 3Ms stock price through the roof when it was announced is much ado about nothing. The size of the 3M earplug settlement is likely to shock the market. A seasoned judge who has been on the federal bench for eight years, this will be Judge Rosenbergs first earplug trial. The supplier warned the U.S. of the danger associated with the equipment that only the supplier knew of. 3M claimed defense victories in Rounds 2, 5, and 6. Both Fallon and Crawford also spent over 20 years in the Army. February 14, 2023 Update: The hearing on the recent motion by the 3M plaintiffs to immediately dismiss the Aearo Technologies bankruptcy proceedings has been pushed back. That would allow 3M to appeal the decision separately and immediately, while the MDL remains on pause. This 3M earplug lawsuit was filed by Army veteran Steven Wilkerson. One small problemEleven out of 13 jury verdicts in favor of soldiers would fall into 3Ms not harmed category. Nearly one-quarter of plaintiffs whose hearing is impaired under AMA or WHO standards had those conditions before using 3M earplugs, the company added. Our lawyers believe 3M has a minimal chance of winning this appeal. This 3M lawsuit is the largest mass tort in American history. If you have thoughts about the 3m earplug lawsuit, let us know in the comments below. But this is the last of the 3M earplug bellwether trials. 3M was counting on winning Wilkerson to keep afloat the idea that "they win some, we win some" and only the best 3M earplug lawsuits have real value. There are two sides to this coin. How do you efficiently sort out 300,000 claims to figure it out? Why? But the result was stunning: $7.5 in compensatory damages; $15 million in punitive damages. 3M has not declared bankruptcy but it will try to piggyback on the Aearo bankruptcy to stop the litigation from moving forward, hoping to resolve the outstanding claims in bankruptcy court instead of having to face juries that believe their conduct was reprehensible. Posted on July 15, 2021 in Class Actions, Consumer Law . My favorite line from the order: Furthermore, it is nonsensical to argueas 3M hasthat a stay of the Courts injunction promotes the public interest.. April 13, 2022 Update: A majority of the nearly 300,000 plaintiffs with 3M earplug lawsuits in the MDL have their cases resting on the administrative docket, which means they can avoid the $402 filing fee until their case is activated. Rhodes labeled the decision as wrong and noted that 3Ms appeal has been sent directly to the 7th Circuit. But the device did not go deeply into the ear. Will all these plaintiffs show up for their deposition? This victory for 3M follows its biggest loss in the earplug bellwether trials. November 24, 2022 Update: 3M subsidiary Aearo Technologies was recently granted an extension of the deadline to file its appeal brief in the 7th Circuit. January 21, 2023 Update: This will surprise you if you read our last update. We talked to many soldiers over the weekend about the 3M earplug lawsuit. Just how likely is a 3M earplug settlement? Berger has testified in all of the bellwether trials. Dr. Crawford is an ENT doctor specializing in hearing protection. Most law firms, including ours, handle these cases on a contingency fee basis. There will soon be 300,000 lawsuits filed. The judge also provided 3M with a harsh truth: Though [300,000 lawsuits] may be a tough pill to swallow, the numbers are what they are.. It means that no matter where you are, your lawsuit will most likely be housed in Florida while these lawsuits proceed through the multidistrict litigation process. In her memorandum Order, Judge Rodgers explained that 3Ms argument failed because there was no evidence that Wilkerson intentionally concealed his claims against 3M to manipulate his bankruptcy. 3Ms appeal will either go to the U.S. District Court for Indiana or the Bankruptcy Appellate Panel. It is. Because that was the point of this whole scheme to hide from juries behind the Bankruptcy Code.