}}, My lawyer said this is a stall tactic and will not work in the end. Is The 3m Earplug Lawsuit Worth It - StaySafeDiary 3M Earplug Lawsuit Update: 3M is 0 for 3 After Losing $7.1 Million 3M Earplug Lawsuit in Texas, Oklahoma, and Louisiana - Sneed & Mitchell Keeping score by Rounds is somewhat misleading, however, because Round 1 included the consolidated trial of 3 plaintiffs. These kinds of cases can be quite complex. Berger was personally involved in the development and testing of the Combat Arms earplugs. 3M now has to offer reasonable settlement amounts to veterans or face scores of jury trials in 2023 that could put the company on the path to real bankruptcy. . (Tribune News Service) A 3M subsidiary claims that U.S. Defense Department records show that over 175,00 military members who allege the Maplewood-based companys earplugs were defective have normal hearing under key medical standards. One big problem was that they were too small for the Armys carrying case. The request was granted partly because plaintiffs in 3M earplug cases pending in Minnesota state court were attempting to use the ruling by Judge Rodgers as a shield in their cases. Shortly before the Wilkerson trial, 3M filed a motion arguing (among other things) that Wilkersons claims should be dismissed under the judicial estoppel rule because he failed to list his lawsuit against 3M as an asset in his recent bankruptcy. Settling these cases is sure to be complex. It is a big differnce. If the 3Ms appeal of the bankruptcy court decision is denied, however, this will all be moot. Wilkerson was seeking summary judgment on 3Ms 5 affirmative defenses (learned intermediary, superseding cause, failure to mitigate, open and obvious danger, and statute of limitations defense), all of which were governed by Wisconsin law. There are deadlines to sue. On Day 3 of the trial, the plaintiffs presented testimony from Elliott Berger. 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. Posted on July 15, 2021 in Class Actions, Consumer Law . But no one seems to be connecting those dots. Blog Home. I suspect the vast majority of these hearing loss and tinnitus lawsuits are strong claims. Under the metric endorsed by 3M, nearly 85% of the plaintiffs have no evidence of hearing loss and should be excluded from any settlement. 3M filed a motion seeking to force all these plaintiffs to immediately pay their filing fees or have their case dismissed. Mr. Berger is a retired scientist from 3Ms Personal Safety Division and an expert in audiology. Oh, and 3M stock is down 10% on the news, its worst day in three years. This ruling means that this appeal could be decided in a few months instead of taking over a year. The plaintiffs are still in their case so dont expect a verdict soon. Will Filing a 3M Earplug Lawsuit Affect My Disability? This is not a deadline you can miss. 3M still owes Judge Rodgers some financial information. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. February 27, 2023 Update: The federal government is with us. I understand that submitting this form does not create an attorney-client relationship. March 26, 2022 Update: Wilkerson verdict: $ 8 million. So far, 6 out of the 9 bellwether plaintiffs have won their claims against 3M and been awarded damages. But he noted that a conflict could arise in the future and that K&E was navigating a minefield.. Kevin Rhodes, 3Ms Chief Legal Affairs Officer, gave a somewhat delusional presentation at the Conference last Wednesday on the status of the earplug lawsuits. The response broke no new ground. If you have a potential 3M earplug lawsuit and have not brought a claim, call a lawyer. He testified for nearly 8 hours. Until 3M sought to assert such a defense, Judge Rodgers found that granting the motion would be premature. Because, in the end, 3M bought a company that made an awful product that hurt people that served our country. by Roy D. Oppenheim. 3M Co. said U.S. Department of Defense records for more than 175,000 plaintiffs show that most claimants in Combat Arms earplug litigation have normal hearing under medically accepted . Judicial Panel on Multidistrict Litigation (JPML) to consolidate all defective earplug cases to a single federal court for coordinated pretrial proceedings. Need an attorney for the 3M Earplug Lawsuit? On the 3rd day of trial, the plaintiffs presented the testimony of Elliott Berger. 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 . The problem with bankruptcy, however, is that it will slow down the settlement process, and the amount of the settlement payouts will probably be lower. That would allow 3M to appeal the decision separately and immediately, while the MDL remains on pause. A Tallahassee jury awarded the plaintiff $13.1 million in damages. October 7, 2022 Update: 3M stock lost billions of dollars in value yesterday. This insultingly low amount would net each plaintiff a mere $5,000. Rhodes then devoted the rest of his presentation to claiming that the settlement value of the earplug lawsuits should be $1 billion a paltry amount that would pay less than $5,000 to each plaintiff. Beal was awarded $77.5 million! 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. Indeed, the expected average individual settlement amount is rising based on these three verdicts. 3M loses. But this is something our lawyers will discuss with you. The first defense witness was 3M scientist Dr. Eric Fallon, former chief Audiologist at Walter Reed Medical Center. 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. As noted earlier, in 2018, 3M paid the United States military $9.1 million to settle a defective earplugs lawsuit. In nine bellwether trials, the plaintiffs have won 5 times and 3M has won 4 times. 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. 3M Earplug Lawsuit | 3M is 0 for 3 After Losing $7.1 Million Verdict on Earplugs. Why? 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. Thousands of individual plaintiffs have filed claims against 3M in the defective earplugs lawsuits. (7:20-cv-00098). This is the second time the earplug plaintiffs have asked the MDL Judge for a ruling that would preempt 3Ms bankruptcy strategy. "How do I qualify for a 3M earplug lawsuit?" See October 11, 2022 update below. These dismissals may seem like a setback for the plaintiffs, but they actually might help to facilitate a global settlement of the remaining earplug claims. The point of all of this is that lawyers have to measure twice and cut once before any 3M earplug settlement. LaBorde is a doctor of audiology and head of the Hearing Center MCC in Pensacola with expertise in hearing aid technology. In addition to Casalis testimony, 3Ms lawyers presented the jury with clips of video deposition testimony from several witnesses, including the plaintiffs wife. The company admitted, however, that the earplugs were defective and did nothing to protect soldiers from significant hearing loss, subjecting them to the risk of deafness. 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. No. Judge Rodgers rejected this argument and denied the motion. This is garbage the general rule of the Bankruptcy Codes powerful automatic stay is that it should not extend to joint tortfeasors. January 3, 2022 Update: The 3M earplug bellwether trials will resume on Monday with a pair of simultaneous trials featuring plaintiffs Ronald E. Sloan and Williams Wayman. This is a great summary of where we are in the 3M earplug litigation today. Day 1 of the Kelley trial saw the jury selected by midday and opening statements for both sides. Allowing an appeal will hold up new trials. It is also a distraction from the path to a fair settlement that is in everyones interest. So this is excellent news, right? Published By Miller & Zois, Attorneys at Law, 3M Faces Billions in Liabilities Over $7.63 Earplugs, consolidated in the Northern District of Florida, You served in the military between 2003 to 2015, You wore military-issued earplugs during service, You were exposed to loud sounds during military service, You have been diagnosed with hearing loss/tinnitus. Each trial will involve large blocks of consolidated plaintiffs. The article was prompted by news of the recent mandatory settlement mediation ordered by the MDL class action judge. by Roy D. Oppenheim. 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. November 17, 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. What Is Going on Now With the 3M Earplug Lawsuit in January 2023? Now that the bankruptcy play has failed, Judge Rodgers is pushing both sides to go back to the settlement table again. 3M also presented the jury with video deposition testimony clips from a handful of fact witnesses, including Heather Beal, the plaintiffs wife. Need an attorney for the 3M Earplug Lawsuit? There is a real possibility this bankruptcy which drove 3Ms stock price through the roof when it was announced is much ado about nothing. You can reach our earplug lawyers at 800-553-8082 for a free consultation. But it does not appear to be a good sign for those of us who were hoping that 3M might finally be ready to make a serious effort to settle the earplug lawsuits. Using the Feres doctrine, the plan was to invoke the government contractor defense as a shield from state tort liability. After a 2-week trial, the federal jury in Pensacola awarded Army veteran James Beal a total of $77.5 million in damages for his claims that 3Ms defective earplugs caused hearing loss and tinnitus. August 1, 2022 Update: Only Aearo Technologies (3Ms subsidiary) is protected by the automatic bankruptcy stay right now. This is not a good dynamic for 3M who would rather not battle a group of soldiers in the courtroom. That is, unfortunately, not how typical mass tort settlements work. September 19, 2022 Update: There was no settlement from the settlement talks last week. { May 11, 2022: Over 20,000 3M earplug lawsuits were dismissed from the 3M earplug class action lawsuit this week after the plaintiffs failed to file the necessary paperwork required to keep their case active. This page provides the latest news and updates on the 3M class action lawsuit for victims. Only soldiers who have been harmed should receive settlement compensation. This victory for 3M follows its biggest loss in the earplug bellwether trials. Our law firm is reviewing claims that meet the following criteria: If you meet these criteria, you must contact our office to get your 3M earplug claim filed. So why now? Judge Rodgers is helping their efforts. 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. December 15, 2021 Update: $22.5 million verdict in Finley last Friday. MDL Judge Casey Rogers has given 3M a deadline of December 5th to file a response. Hopefully, that is not where we are. The trial resumed on Tuesday. The plaintiffs also filed a motion asking Judge Rodgers to preserve her prior Daubert rulings moving forward. 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. 3M believes that a large percentage of these plaintiffs do not have legitimate claims. Despite 3Ms naked duplicity, Judge Rodgers did not provide the relief sought because 3M had not asserted any defense claiming that it was not a proper defendant in the litigation. 3M Earplug Unit Should Be Tossed Out of Bankruptcy, US Argues There are currently about 233,000 cases in the MDL (down from the high of 282,902) and these cases will soon be returned to their home districts for trial in massive blocks of 500 lawsuits at a time. February 20, 2023 Update: New 3M earplug cases continue to get filed in large numbers. Of course. It is inexplicable and it is not advancing 3Ms interests. Corporations taking responsibility is a profitable path. Now is the time to do the right thing. I will put more up on this later but I wanted to get something posted so you all knew what was happening. ST. PAUL, Minn., March 1, 2023 /PRNewswire/ -- U.S. Department of Defense records for more than 175,000 plaintiffs show that the vast majority of claimants in Combat Arms earplug litigation have normal hearing under medically accepted standards. September 15, 2022 Update: The 3M earplug settlement talks (Round 2) begin today in Pensacola, Florida.