3M: A $6 Billion Settlement Agreement May End Largest Mass Tort in History
On August 29, 2023, a landmark $6.01 billion settlement with 3M Company and its subsidiary Aearo Technologies, was reached on behalf of over 200,000 current and former servicemembers who suffered hearing damage while using 3M’s Combat Arms Earplugs version 2.
3M knowingly designed, manufactured, and profited from selling these defective military earplugs to the United States Military from 1999 to 2015. The Department of Justice had previously pursued and resolved claims against 3M for violating the False Claims Act by selling these defective earplugs to the Department of Defense.
The settlement comes after 4 years of civil litigation against 3M, where it has lost 10 of the 16 cases and where plaintiffs have been awarded more than $250 million.
The structure and administration of the settlement is complex and does contain a provision that would permit 3M to back out if more than 2% of the claimants opt out of participation – something that is not expected but will also not be known until the early part of 2024.
This resolution represents a tremendous victory for the thousands of brave men and women who served our country. Our firm is proud to be representing hundreds of veterans in this litigation. While our firm is not taking on new cases or referrals for this litigation, we are thankful to the
dozens of firms who entrusted us to represent their clients in this case.
