On Friday, October 1st, 3M was hit with a verdict of $8.2 million by a Florida federal jury covering claims by military members that 3M’s military-issue earplugs are defective in design resulting in the loss of hearing many have suffered. This is the fourth trial in large multidistrict litigation against 3M and the third to win in favor of the plaintiffs. Six more trials are scheduled for the current year, with the following one scheduled for October 18 to 29.
U.S. Army veteran Brandon Adkins’ trial in Pensacola begins a second batch in the litigation, including claims from more than 250,000 plaintiffs involved. These claims cover their use of the Combat Arms Earplug version 2 (CAEv2) made by 3M and subsidiary Aearo Technologies LLC.
A spokesman for the plaintiffs shared that, after serving in the Army from 2004 to 2009, including two tours in Afghanistan, 35-year-old Brandon Adkins now suffers from hearing loss and tinnitus.
When announcing the results of the trial, the lead plaintiff’s counsel Bryan Aylstock, Shelly Hutson, and Christopher Seeger said in a statement:
“Three juries have now found 3M at fault and allowed our servicemembers to suffer these life-altering injuries. We plan to hold 3M fully accountable for the damage they have caused to those who served our nation.”
3M disagrees with the outcome and plans to continue fighting the claims, as said in a statement on its website:
“We do not believe the plaintiff met his burden of proving his allegations, and we are evaluating our legal options.
This verdict is just the first step in this litigation, with many more cases to be tried before different juries. There have been four trials so far: one jury agreed with our case in its entirety, and another found the product was not defective as part of its verdict in favor of 3M on four of the plaintiff’s five claims. We are ready to defend ourselves against plaintiffs’ allegation at all upcoming trials.”
In previous trials against 3M, the plaintiffs won a $7.1 million verdict for three servicemen in April 2021 and obtained a $1.7 million verdict for a single plaintiff in June 2021. In late May 2021, 3M was found clear of liability.
On Sept. 20, 2021, the latest trial with Brandon Adkins found the jury in his favor on strict liability claims for design defect and for failure to warn and/or instruct. It also included claims for negligent failure to warn and/or instruct after manufacture, fraudulent misrepresentation, and fraudulent concealment. According to the plaintiffs, 3M was found to be 100% liable by the jurors.
“Jury Hits 3m with $8.2m Verdict in Latest Earplugs Trial.” Law360, https://www.law360.com/productliability/articles/1427490/jury-hits-3m-with-8-2m-verdict-in-latest-earplugs-trial?nl_pk=57ceac7c-d55c-44ef-ab82-4139ae49570e&utm_source=newsletter&utm_medium=email&utm_campaign=productliability.
TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
Top-notch, hardworking attorneys!
A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
They contacted me the next day. Very nice people!
The firm went above and beyond. Thank you for everything.
The attorneys at THL were extremely helpful with the legal aspects of setting up my small business.