3M Earplug Lawsuit

Thousands of military service members and veterans have secured a $6.01 billion settlement from 3M over defective Combat Arms earplugs. The lawsuit, one of the largest in U.S. history, alleged that these earplugs led to hearing damage during military service. Despite previous legal battles and attempts to move the case to bankruptcy court, negotiations resulted in this landmark settlement.

The litigation, spanning from 2003 to 2015, revealed claims of design flaws and insufficient usage instructions. The settlement, while significant, faced challenges, including identity theft scams targeting veterans post-settlement announcement.

3M's defense asserts proper usage of the earplugs, and legal arguments on product liability persist. The settlement, to be disbursed from 2023 to 2029, marks a pivotal moment in the fight for justice for affected military personnel.

This news underscores the far-reaching impact of defective earplugs on service members and veterans, shedding light on the complexities of legal proceedings and the ongoing battle for accountability.

Beginning January 26, 2024, eligible claimants may apply (through counsel if represented) for additional compensation from the 3M Combat Arms Earplug Settlement Program's Extraordinary Injury Fund ("EIF"). Please review the attached document for more information about the EIF, including information about specific EIF categories, supporting documentation required, and the application fee.

In brief, the specific EIF categories include:

1. Hidden Hearing Loss (awards up to $24,000).
2. Low Frequency Hearing Loss (awards up to $100,000).
3. Recorded Tinnitus (awards up to $250,000).
4. Other Otologic Injury and Intervention for Acoustic Trauma (awards up to $100,000).
5. Economic Loss through Impact on Work Productivity / Occupation (awards up to $200,000).
6. New Onset Hearing Impairment Related to Noise Exposure (awards up to $20,000).

If you meet the criteria for one or more of these extraordinary injury categories, you may apply for funds in addition to those awarded to you as part of the Expedited Pay Program or Deferred Pay Program process. Please note that there are no additional EIF categories, and there is no "Other" category. In other words, these are the only EIF categories.

As outlined in the attached document, an application fee is required to apply for these additional funds. If your attorney submits your application without the necessary supporting documentation, your attorney is responsible for the application fee. If, however, you are awarded money to be paid from this fund, the application fee will be deducted from your EIF award. You and your attorney should not submit an EIF application if you do not meet the specific eligibility criteria and/or do not have the required documentary proof for a specific EIF category.

Other than speaking with your attorney about your potential to qualify for any of the EIF categories and/or gathering the requisite documentary support, there is nothing you need to do until the EIF application period opens on January 26, 2024. On that date, the Settlement Administrator will open an online portal for applications to be submitted by your primary counsel. The EIF application period will be open for 90 days, meaning applications must be submitted to the Settlement Administrator no later than April 25, 2024. If you are represented by counsel, you may not submit an EIF application on your own, and you should NOT submit any EIF application to the Court. Any EIF applications submitted to the Court will be summarily rejected.