A federal jury awarded $110 million to two U.S. Army veterans who said they had hearing damage because of combat earplugs produced by 3M.
It is the latest decision in a network of hundreds of thousands of lawsuits that accuse 3M of knowingly selling substandard earplugs to the military. 3M maintains that the Combat Arms earplugs, Version 2, was effective and safe to use.
The earplug litigation against 3M was decided on Thursday. The jury in the US District Court for the Northern District of Florida found the two veterans guilty and awarded them $60 million in damages.
Bryan F. Aylstock said that both men had hearing loss that interfered with their daily lives.
They are happy that the jury saw through the defense that 3M put forth, but they have to return to their lives of living with permanent conditions that will only get worse, because they are pleased with the verdict and happy that the jury saw through the defense that 3M put forth.
According to their lawyers, Mr. Wayman and Mr. Sloan used the earplugs during their deployment to Iraq and Afghanistan. Mr. Wayman and Mr. Sloan both served in the Army.
Mr. Aylstock said 3M put soldiers in harm's way.
If it doesn't work, it's not a big deal, Mr. Aylstock.
3M said in an email that it would appeal the jury's decision and noted that it had won the previous two cases.
While we are disappointed with the verdicts, the overall mixed record in the bellwether process thus far shows that there are significant challenges in this litigation and each case must be considered on its own facts and circumstances.
The product was developed by Aearo Technologies, a subsidiary of 3M.
The earplug litigation is one of the largest mass torts in U.S. history, with nearly 300,000 service members and civilians involved.
3M won five cases in the 10 other cases that have been decided. Nine of the 14 service members who were involved in the successful lawsuits were awarded more than 20 million dollars.
There are five trial dates this year. In March, the next trial will take place in Florida.
The litigation was spurred by a whistle-blower lawsuit that alleged that 3M sold faulty earplugs to the military. In response to the lawsuit, 3M agreed to pay $9.1 million. Liability was not determined by the settlement.