3M Earplugs Lawsuit Updates & News (2025)

The Combat Arms Earplugs Settlement Program has reached an agreement for 110,149 claimants using TRICARE benefits, simplifying the process by charging a flat $54 fee to settle TRICARE liens. While it might have been preferable for the government to waive the liens entirely, this marks the first mass tort resolution involving the DOJ, Defense

Health Agency, and plaintiffs, offering a quicker and more efficient outcome for veterans and their families.

After a significant drop of over 20,000 cases in August, the 3M earplug MDL experienced a smaller decrease in September, with 29 cases dismissed. The total number of pending cases now stands at 224,418.

The Delaware Superior Court denied 3M's request for an immediate appeal in its combat earplug insurance dispute. Judge Sheldon K. Rennie ruled that the case did not qualify for an interlocutory appeal. The case centers around whether insurers must cover $370 million in legal and settlement costs for hearing loss claims. Earlier, the court had rejected 3M's motion for summary judgment, stating that insurance coverage must be determined individually for each policy.

The Plaintiffs’ Leadership in the 3M Combat Arms Earplug litigation is requesting confirmation of a 9% holdback on all plaintiff recoveries and the establishment of a process for distributing common benefit attorneys’ fees. They argue that with the global settlement reached, it is time to finalize fee allocations. The court has referred the matter to Special Master David R. Herndon, who will provide a report and recommendation. Afterward, counsel will have 14 days to file objections before the judge reviews the report.

Plaintiffs’ lawyers have asked the court to stop the Washington Division of Child Support (DCS) from interfering with the 3M Combat Arms Earplugs settlement. They argue that DCS’s broad subpoena for personal information on all Washington claimants is intrusive and lacks legal justification. Plaintiffs are concerned that DCS’s actions could expose sensitive data and disrupt the settlement process, calling for protection against unnecessary overreach.

A total of 109,838 plaintiffs have now received their settlements, reducing the number of pending cases in the MDL to 224,417. This marks a drop of approximately 20,000 cases from the previous month.

Case Management Order No. 94 outlines the rules for handling application fees related to the Extraordinary Injury Fund (EIF) Program. Key points include:

1. Application Deadlines Passed: Deadlines for EIF applications under MSA I and III have expired.
2. Fee Deduction Inquiries: Questions have arisen about whether EIF fees can be deducted from Claimants' net awards outside the EIF Program, ensuring fees are recoverable even if the application is denied.
3. Authorization for Deductions: Primary counsel can deduct EIF fees from awards in other settlement programs. If the EIF application is successful, fees must be refunded to the Claimant within 30 days. If not, fees go to the Qualified Settlement Fund (QSF).
4. Law Firm Obligations: Law firms must manage collected fees according to the application outcome, either refunding Claimants or forwarding fees to the QSF based on the EIF decision.

3M recently paid out an additional $500 million, bringing the total settlement funding to $1.6 billion. Of this amount, approximately $700 million has been disbursed to victims.

As of last week, $815,889,097 of the $6 billion settlement had been disbursed, representing approximately 14% of the total settlement amount.

BrownGreer reported on the implementation of the "ledgering process," addressing primary counsel fees and expenses, and differentiating between ledgering and non-ledgering firms. Judge Rodgers expressed dissatisfaction with the process, emphasizing the need for the settlement program to comply with court orders and ensure timely, uniform payments to claimants.

Key points from the order include:

• **50% Rule Compliance:** Plaintiffs must receive at least 50% of their gross settlement after a 9% common benefit fee assessment. The judge noted many comments indicating non-compliance with this rule.
• **Payment Deadlines:** Non-ledgering firms must pay victims within 60 days of receiving settlement funds and report any delays to BrownGreer.
• **Transition Option:** Non-ledgering firms can switch to the ledgering process if they cannot comply.

The court mandates strict adherence to these guidelines to ensure fair and timely settlements for all claimants.

3M has secured $120 million from several insurers towards a $6 billion global personal injury settlement with service members who used their combat earplugs. The company is also pursuing an additional $370 million in legal defense costs from five other insurers in Delaware state court.

Additionally, 3M and Aearo are arbitrating some insurance coverage disputes and are in ongoing discussions with other insurers to resolve contractual obligations without further litigation or arbitration, according to a filing on Monday.

The number of active cases dropped from 247,640 in June 2024 to 237,907 in July 2024, a reduction of 9,733 cases, primarily due to dismissals for failure to cooperate.

In May, the number of pending cases in the 3M MDL remained unchanged at 247,640. There were no new additions or resolutions.

The 3M earplugs MDL has seen a significant reduction, with 23,478 cases resolved last month, lowering the total to 247,640 pending cases. This marks the largest monthly decline since the litigation began, as the settlement process progresses.

Case Management Order No. 88 has been issued in the 3M settlement, introducing a "Bulk Submission" method to streamline the submission process for claimants. This new method, managed by Settlement Administrator BrownGreer, enables Primary Counsel to submit data and documents for multiple claimants simultaneously. It pertains to applications for the Extraordinary Injury Fund (EIF) and Deferred Payment Program (DPP) supplementations.

Lead plaintiff attorneys received detailed guidelines for this process on Monday. To avoid logistical complications, the court has set specific earlier deadlines for these bulk submissions compared to individual submissions: April 22, 2024, for MSA III Wave Claimants, and July 23, 2024, for MSA I Claimants, covering both EIF applications and DPP supplementations.

Initiation of settlement payments has led to a notable reduction in the 3M class action MDL. Around 5,000 cases have been resolved in the past month, bringing the total number of pending cases down to 271,118.

As of January 26, 2024, several critical deadlines have been outlined in the settlement process. These dates are crucial for the involved parties:

December 20, 2023: Initial registration date for MSA III.

January 8, 2024: Deadline for primary counsel to submit ledgering data on fees and costs for EPP Fast Track Claimants.

January 25, 2024: Initial registration date for MSA I.

January 26, 2024: Opening of the Extraordinary Injury Application and commencement of the DPP Supplementation Period.

January 31, 2024: Deadline for primary counsel to submit ledgering data on fees and costs for all other eligible claimants.

April 25, 2024: Due date for MSA III Extraordinary Injury Applications.

July 26, 2024: Due date for MSA I Extraordinary Injury Applications and the end of the DPP Supplementation Period.

Judge Rodgers has given the green light to 3M Co.'s plan to issue $1 billion in unregistered stock, a key step in settling ongoing litigation. The court's approval was based on several critical factors:

Fairness and Practicality: The court emphasized the suitability of using unregistered stock as compensation, considering its fairness and practical approach.

Valuation Process: The order specifies a method for valuing the unregistered stock, using a weighted average approach. This method aligns with regulatory standards and practices employed by experts in valuing shares of publicly traded companies.

Managing Stock Dilution Risks: To address potential stock dilution as the veterans' fund offloads these shares, the stock issuance will be carried out in tranches. This phased approach is designed to manage and mitigate market impacts.

Risk Management Measures: An investment manager and adviser will be appointed to oversee the investment and minimize risks associated with this form of compensation.

These measures indicate a comprehensive strategy to ensure the effectiveness and fairness of the stock issuance as part of the settlement process.

In an unprecedented development, the 3M earplugs Multi-District Litigation (MDL) has experienced a dramatic increase of over 42,000 cases in the past month alone. This surge represents the largest monthly growth in new case filings not just in this MDL, but possibly in any MDL in history. The influx has escalated the total number of pending cases to 285,758, posing additional challenges to the already complex process of finalizing a global settlement. This significant rise in case volume underscores the growing magnitude and complexity of the 3M earplugs litigation.

In an effort to streamline the proceedings in the extensive 3M earplug litigation, Judge Rodgers has taken decisive action by dismissing a significant number of redundant lawsuits. This move follows her established deadline for resolving issues related to overlapping cases and legal representation. Consequently, for claimants with multiple filings, only the first lawsuit filed is being maintained, resulting in the dismissal — with prejudice — of all subsequent suits. This purge effectively removes 3,548 cases from the court's docket, bringing greater clarity and efficiency to the management of the remaining active cases.

In an update from earlier this month, Judge Rodgers required certain claimants who hadn't included complete contact details in their Identification Order Declarations to submit updated email addresses and cell phone numbers to the Settlement Data Administrator by October 12, 2023.

This Friday, Judge Rogers outlined specific instructions for two groups of plaintiffs in the litigation. The first group, comprising eight individuals, has been given an extension until November 3, 2023, to furnish the required contact information. Failure to comply within this timeframe will result in the dismissal of their cases, as they would be in continued violation of the Court’s orders.

For the second group, involving 39 plaintiffs, their cases have already been dismissed for various reasons. The final procedural action for these cases, as outlined by Judge Rogers, involves deactivating their Plaintiff Identification Details (PIDs) in the MDL-Centrality system. This task is designated to the Settlement Data Administrator.

Scammers are attempting to defraud claimants involved in the $6 billion settlement related to 3M combat earplugs, which are alleged to have caused hearing damage. Judge Rodgers issued a warning about fraudulent actors posing as Archer Systems employees, the company administering the settlement. They are cold-calling claimants, requesting sensitive information such as social security numbers and dates of birth. Judge Rodgers declared these calls a scam and alerted the Federal Bureau of Investigation. Archer Systems uses a specific contact number for claimants, which scammers have spoofed to appear legitimate.

A federal magistrate judge has cautioned attorneys representing plaintiffs about possible sanctions if they continue to inundate the court with repetitive claims and filings. These superfluous submissions have been cited as a drain on court resources, complicating the timely resolution of cases related to the 3M combat earplugs.

Despite the absence of a finalized settlement with service members, 3M has proactively retracted several appeals in the Eleventh Circuit related to its combat earplugs. The appeals court has acceded to 3M's motion to dismiss the primary cases.

Veterans can be reassured that they are not obligated to reimburse the VA for benefits or subject their recoveries to VA liens. However, costs incurred through private health insurers or non-VA healthcare providers must be settled using the funds from their settlement. Fortunately, claimants won't be responsible for repaying the full amounts. A lien questionnaire will be provided post-registration, which Archer will utilize to negotiate and potentially reduce any outstanding liens.

Some frustration has been voiced by victims receiving communications from Archer (Brown Greer) rather than their attorneys. As per Judge Rodgers' directive, Archer is the designated Settlement Administrator for the 3M earplug settlement, and lawyers have relayed contact information in compliance with this order. While interaction with Archer is intentional, claimants are encouraged to remain in open dialogue with their lawyers regarding their options.

The current standing in the 3M earplugs Multi-District Litigation (MDL) shows 242,604 pending cases, marking a reduction of over 12,000 since early summer. This decrease isn't tied to the newly disclosed settlement agreement. Instead, it's attributed to necessary docket control strategies recently employed by Judge Rogers.