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1mo ago
Litigation Stage Tracker
Early / MonitoringEmerging
Formation
Active Litigation
Maturation
<45
45–55
55–70
70+
3M Earplugs
ClosedFLATMDL 2885Device
2+
Total Cases
Causation
3M's dual-ended Combat Arms Earplugs Version 2 (CAEv2) were standard issue to US military service members from 2003-2015. The earplugs were too short to properly seal the ear canal. A 2016 whistleblower complaint led to a $9.1M False Claims Act settlement in 2018, establishing 3M's knowledge of the defect. Bellwether trials resulted in 10 plaintiff verdicts totaling over $300M before the $6B global settlement.
Defendants
| Entity | Role | Note |
|---|---|---|
| 3M Company | Manufacturer | Designed and manufactured Combat Arms Earplugs (CAEv2) |
| Aearo Technologies | Original Manufacturer | Developed CAEv2 — acquired by 3M in 2008. Filed Chapter 11 in 2022 (rejected) |
Litigation Timeline
2003-2015
CAEv2 earplugs issued as standard military equipment
2016
Whistleblower (Moldex-Metric) files False Claims Act complaint
2021-2022
16 bellwether trials — 10 plaintiff verdicts totaling $300M+
Jul 2022
Aearo Technologies files Chapter 11 — later rejected by court
2024-2026
Settlement payments being distributed — monitoring period ongoing
Intelligence Signals
NYU MDL Conferenceintel
3M earplugs: ~8,000 docketed vs ~100,000 on registry; one firm held 40,000; Judge Rodgers had no authority over unfiled claims
Judge Rodgers: 3M criticized her for not vetting earlier but the court has no jurisdiction over unfiled registry claims. Defense (Beisner): tolling agreements worsen the problem but are granted early when it is unclear a tort will take off; public companies prefer unfiled claims to avoid SEC disclosure.
Key Facts
- Status
- active
Geographic Exposure
·N.D. Fla. (MDL 2885, Judge Rodgers)
·Largest MDL in US history — 327,000+ claims filed
·All 50 states — military personnel nationwide
·Aearo Technologies Chapter 11 — S.D. Ind. (rejected)
Eligibility Criteria
- ✓US military service member who used 3M Combat Arms Earplugs (2003-2015)
- ✓Diagnosed with hearing loss and/or tinnitus
- ✓Service-connected hearing damage during period of earplug use
- ✓Filed claim before settlement deadline (most claims now resolved)
Filing Velocity (3W)
3w agoThis week