3M Announces Settlement Of Combat Arms Earplug Litigation Claims: On August 29, 2023, 3M announced that it has reached an agreement with the court-appointed negotiating plaintiffs’ counsel to resolve the Combat Arms Earplug litigation against Aearo Technologies (Aearo) and 3M. Under the agreement, 3M will contribute a total amount of $6.0 billion between 2023 and 2029, which is structured under the agreement to include $5.0 billion in cash and $1.0 billion in 3M common stock.
The agreement, reached through the mediation process, is structured to promote participation by claimants and is intended to resolve all claims associated with the Combat Arms Earplug products. 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. The Florida and Minnesota courts are entering orders to support implementation of the agreement.
3M stated that the agreement is not an admission of liability. 3M maintains that the products at issue in the litigation are safe and effective when used properly. 3M stated that it is prepared to continue to defend itself in the litigation if certain agreed terms of the settlement agreement are not fulfilled.
Combat Arms Earplug Litigation
Reuters reports that the Combat Arms earplugs were made by Aearo Technologies, a company 3M acquired in 2008, which were used by the U.S. military in training and combat from 2003 to 2015, including in Afghanistan and Iraq.
Plaintiffs in the lawsuits alleged that Aearo Technologies hid design flaws, fudged test results, and failed to provide instructions for the proper use of the earplugs, leading to hearing damage.
The lawsuits were consolidated in federal court in Pensacola, Florida in 2019. 3M lost 10 of the 16 earplug cases that have been tried. The 13 plaintiffs in those cases were awarded about $265 million.
At the time Aearo Technologies filed for bankruptcy protection in July 2022, 3M pledged $1 billion towards its liability in the earplug litigation. The bankruptcy court dismissed the bankruptcy case in June 2023, finding that Aearo Technologies had not shown sufficient financial distress to justify the bankruptcy proceeding.
NOISE Study
The Noise Outcomes in Service members Epidemiology (NOISE) study is an ongoing longitudinal, epidemiologic study on hearing health, including hearing loss and tinnitus, in military Service members and Veterans. Participants began enrolling in the study in 2014.
The NOISE study assesses lifetime noise exposures, chemical and blast exposures, TBI, physical and psychiatric comorbidities, and other military and nonmilitary exposures and outcomes that can affect auditory function. Participants undergo comprehensive in-person audiologic examinations and those who experience tinnitus undergo a complete tinnitus assessment. Exposures and select outcomes are reassessed annually by mail, and the comprehensive in-person assessment is completed every 5 years.
A cross-sectional analysis of NOISE study data from 403 Veterans and 287 service members revealed low-frequency (0.25–2 kHz) hearing loss in 13 percent of Veterans and 8 percent of service members (n=287), high-frequency (3–8 kHz) hearing loss in 25 percent of Veterans and 17 percent of service members, and extended-high-frequency (9−16 kHz) hearing loss in 42 percent of Veterans and 39 percent of service members (Henry et al, 2020a).
Tinnitus was present in 53 percent of the entire sample. Hearing loss and tinnitus were more prevalent in participants who were older, had more years of military service, and had higher military exposure to noise, blasts, and TBI (Henry et al, 2020a).
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