3M Subsidiary Aearo Technologies Acts to Try to Resolve Litigation

Military veterans have sued the company 3M and its related businesses. The lawsuits allege that the manufacturer knowingly sold defective earplugs, the Combat Arms Earplugs Version 2, that left veterans with tinnitus and hearing loss. Together they make up the largest multidistrict litigation in history. 3M has taken steps to resolve the litigation related to these earplugs by voluntarily initiating chapter 11 bankruptcy proceedings and funding a trust to resolve claims. The fund is $1 million. However, 3M’s litigation problems will not disappear simply because they have put a fund in place; it’s believed this fund is not adequate to the task at hand—compensating injured veterans. The product liability lawyers of Moll Law Group are handling 3M claims on behalf of injured veterans and other affected people.

If you were harmed by the Combat Arms Earplugs or the company’s discontinued mask and respirator products, contact us about whether you have grounds to file a claim against Aearo Technologies. Billions have been recovered in lawsuits with which we’ve been involved.

Call Moll Law Group About Your 3M Earplugs Claim

Aearo Technologies, a subsidiary of 3M, and related entities voluntarily initiated chapter 11 proceedings in connection with its allegedly defective earplugs. In these proceedings the court is expected to supervise the establishment of a $1 million trust to pay the defective earplug claims brought against 3M. However, many plaintiffs have won their initial or bellwether trials in the 3M multidistrict litigation by overwhelming amounts, suggesting that juries understand the harm that’s been done by 3M. For instance, in a recent, large payout, a jury awarded an army veteran $77.5 million in compensatory and punitive damages for his injuries from the 3M earplugs.

Product liability litigation can be expensive, particularly when there are as many claims as 3M and Aearo Technologies face. Claims are related to prior generations of Combat Arms Earplugs, as well as discontinued Aearo Technologies mask and respirator products utilized to reduce occupational dust inhalation. And, astoundingly, the 3M litigation has ramped up with around 115,000 filed claims and an additional 120,000 claims at the end of June 2022.

From 3M’s perspective, a bankruptcy judge foreseeing the earplug claims would likely push the case towards a more expeditious settlement than a judge in civil court would in multidistrict litigation. It argues that a Chapter 11 proceeding may make resolution of these claims clearer, less expensive and more efficient. Plaintiffs intend to oppose the bankruptcy plan on the grounds that it is  significantly underfunded process, in light of the harm caused by the earplugs.

The Chapter 11 proceedings were filed in the United States Bankruptcy Court for the Southern District of Indiana. 3M has also committed an additional $240 million to fund projected related case expenses. Neither it nor its other businesses have filed for chapter 11. Aearo Technologies, which was acquired by 3M in 2008, hopes to keep operating as a wholly owned subsidiary through the course of the Chapter 11 proceeding. It has indemnified 3M for obligations related to the claims. Alongside its chapter 11 proceedings, the company will file first day motions to ask for the court’s permission to keep operating in the usual course of business without interruption to consumers and employees.

Call Our Product Liability Attorneys

Many veterans and their families have been devastated by the earplugs in question. If you were injured by 3M earplugs, call the seasoned lawyers of Moll Law Group about whether you have grounds to sue We represent injured plaintiffs across the country. Please complete our online form or contact us at 312.462.1700