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Aug 14, 2023

3M to pay out $6B to settle case with veterans over hearing loss, ear plugs

3M announced Tuesday that it agreed to pay $6 billion to settle hundreds of thousands of lawsuits alleging 3M’s military earplugs caused hearing loss for U.S. service members. The company said it

3M announced Tuesday that it agreed to pay $6 billion to settle hundreds of thousands of lawsuits alleging 3M’s military earplugs caused hearing loss for U.S. service members.

The company said it would pay out $5 billion in cash and $1 billion in 3M common stock between 2023 and 2029.

The news of the settlement resolves what attorneys for the plaintiffs have called “the largest mass tort in U.S. history,” citing court statistics from March. There were nearly 330,000 cases filed, 260,000 of which were still pending as of earlier this summer.

In a joint statement provided to The Hill, attorneys for the plaintiffs described the settlement as a “tremendous victory” for the servicemembers.

“This historic agreement represents a tremendous victory for the thousands of men and women who bravely served our country and returned home with life-altering hearing injuries,” the attorneys wrote in the statement. “We are proud to have obtained this settlement, which ensures that those who suffered hearing damage will receive the justice and compensation they so rightly deserve.”

Plaintiffs claimed that 3M knowingly sold earplugs to the U.S. military from 2000 to 2015 that had design defects.

The military earplugs purported to protect against hearing loss from close-range firearms and other loud impact noises, but according to the plaintiffs, the earplugs were faulty and “can slightly loosen and subtly move out of the ear canal just enough for the loud sounds to cause hearing damage.”

Attorneys for the plaintiffs said their clients reported side effects from the earplugs including hearing loss, tinnitus, permanent hearing damage and deafness.

In its statement Tuesday announcing the settlement, 3M made clear that the agreement was not an admission of liability and maintained that, “The products at issue in this litigation are safe and effective when used properly.”

“3M is prepared to continue to defend itself in the litigation if certain agreed terms of the settlement agreement are not fulfilled,” the company added in its statement.

“This agreement, reached through the mediation process that 3M has previously disclosed, is structured to promote participation by claimants and is intended to resolve all claims associated with the Combat Arms Earplug products,” 3M wrote in the statement. “The agreement includes all claims in the multi-district litigation in Florida and in the coordinated state court action in Minnesota, as well as potential future claims.”

–Updated at 11:42 a.m.

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