To date, the vast majority of 3M earplug lawsuit claims have not been resolved. Of the 16 “bellwether” (test) cases that have gone to trial over the last three years, the verdicts have been split between the plaintiffs and the defendant—10 for plaintiffs and six for defense.
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The government-contractor defense grew out of a U.S. Supreme Court case where governmental immunity was extended to a manufacturer who produced military equipment per a government contract and the equipment later proved defective.
It is because of the military input into the design of the earplugs that 3M has tried (unsuccessfully) to use the government-contractor defense to absolve the company from liability even if the earplugs are found to be defective.
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After the settlement with the federal government, individual service members began filing lawsuits against 3M alleging they wore the defective earplugs that caused them to develop hearing loss and/or tinnitus. There are currently more than 230,000 military service members or veterans suing 3M.
While the plaintiffs have prevailed in most cases, the defense has been successful enough to leave both sides fairly confident of their positions and pelo closer to settlement negotiations.
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Plaintiffs have initially prevailed in 10 of the 16 test cases. They are alleging 3M’s liability for their hearing damage based on a legal theory of product liability.
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