3M on Losing Streak After Judge Denies Two New Trials in Earplug Suit

Over a two-day period, U.S. District Judge M. Casey Rodgers rejected two attempts by 3M for a new trial in two different cases.

In its first attempt to overturn a verdict, 3M attempted to challenge a $7.1 million verdict that awarded three plaintiffs over a million dollars each. Judge Rodgers found that 3M  wasn’t entitled to a new trial because the company hasn’t identified any errors that resulted in enough injustice to warrant another trial. 

The judge’s ruling keeps in place a ruling that awarded three Veterans for their injuries after their attorneys successfully argued the company, and its predecessor Aero LLC, supplied the U.S. military with defective combat earplugs, CAEv2s, that failed to protect their hearing. As a result, thousands of Veterans who served in foreign conflicts between 2003-2015 live with hearing loss and tinnitus from battlefield and training noises. 

Two days later, Judge Rodgers denied 3M another trial in a case that ended in a Veteran receiving a $1.7 million jury verdict for the same injuries listed above. This decision allowed a jury verdict to stand that found 3M 62% liable for the hearing losses suffered by former infantryman and M240 machine gun operator Loyd Baker.

What did 3M argue in the earplug lawsuits?

3M has long argued that the military bears responsibility for the way the earplugs were designed and delivered. In fact, the company says that the military knew everything about the earplugs and was satisfied with them. In addition, it pointed to an Air Force memorandum that showed what the military knew about the earplugs. 

3M is facing another bellwether trial in September brought by Brandon Adkins. Adkins claims that he suffered hearing loss and bilateral tinnitus while using the earplugs. 

We’ve got your six. 

Veterans who suffered from hearing loss or tinnitus still have time to join the 3M lawsuit claim. If you have legal questions, contact VLAP to see who we trust.