What Is the 3M Earplug Lawsuit About? | Defective Earplug Claims Explained

You can find 3M Combat Arms Earplug litigation wherein U.S. military veterans and service members file claims against 3M Company. It is a lawsuit that concerns the alleged defects in the earplugs as they failed to protect the users from intolerable noises while serving in the forces. This page would be your guide through the case background, salient occurrences, and current updates as they unfold with associated frequently asked questions on ongoing court actions.

Case Overview

The 3M Combat Arms Earplug lawsuit is one of the largest actions in mass tort litigation in the U.S., with thousands of claims filed by military veterans and active-duty personnel. The case revolves around accusations that 3M Company supplied defective double-ended earplugs to the U.S. military, resulting in severe auditory impairments. To assist you in comprehending the case background and structure, a detailed account is given in WH format below.

What is the 3M earplug lawsuit about?

The lawsuit against 3M Combat Arms Earplugs claims that the 3M Company manufactured and sold defective earplugs that did not properly seal the ear canal and protect service members from harmful noise exposure while serving in military training and combat operations. According to the plaintiffs, the design flaw caused thousands of U.S. military personnel to suffer preventable hearing loss and tinnitus.

Who are the people involved in the case of 3M earplug litigation?

The plaintiffs are active members and ex-members of the U.S. armed forces, who used the 3M Combat Arms Earplugs for active service. The party defendant is 3M Company, a Minnesota-based multinational corporation, which manufactured and distributed the earplugs under a government contract. 

When did the lawsuit start on the 3M earplugs?

These lawsuits were joined together into an MDL in 2019 in the U.S. District Court for the Northern District of Florida for the purpose of coordinated management of pretrial proceedings. 

Where does the litigation emerge against 3M on earplugs? 

The 3M MDL is ongoing in Pensacola, Florida, presided over by Judge M. Casey Rodgers, who has overseen numerous bellwether trials to guide potential resolutions. 

Why is the 3M earplug case important?

The case illustrates critical aspects of product liability, corporate accountability and the duty of care the manufacturers owe to U.S. service members against avoidable harm by defective protective equipment.

3M Earplug – Timeline of News & Updates

September 10, 2025 – First Point Dollar Calculation to Define Claimant Payouts

The first Point Dollar Calculation is expected to take place within a month, during which “Point Dollar Value” will determine the monetary value available for every point assigned to claimants under the DPP (Defined Payment Program) mechanism. Points for each claimant are calculated based on considerations like injury severity, military service, and other eligibility standards. The Point Dollar Value then translates those points into a monetary payment figure, providing a structured way to compensate claimants under the MDL settlement program.

August 12, 2025 – Delaware Supreme Court Rules Against 3M in Insurance Coverage Dispute

In a landmark decision handed down by the Delaware Supreme Court against 3M Company in the ongoing litigation against defective military earplugs, the court held that 3M cannot compel its insurance companies to indemnify it for some of the costs of the earplug lawsuits since the underlying insurance programs were issued to Aearo Technologies, the original manufacturer of the earplugs, rather than to 3M. In making this award, the court found that the more than $370 million that 3M had spent on legal defense and other related costs did not fulfill the requirement of Aearo to pay the first $250,000 of each individual claim before any insurance coverage applied. As a result, the insurers can refuse further payments until Aearo meets its obligations under the contracts.

August 1, 2025 – 3M Earplug Settlement Nears Completion with Over $2.75 Billion Paid

As of July 25, 2025, the settlement of 3M Combat Arms Earplugs has been completed, although there are likely more distributions in the future. More than $2.75 billion has already been paid to different claimants in different settlement programs. Under the Master Settlement Agreement, more than $2.4 billion has been allocated for claimants affected by the Expedited Pay Program (EPP), which is the most significant group of individuals compensated, with over 231,000 claimants. About 99 percent of EPP claimants have already received their payments. As for cases of the Wave program, all 1,595 claimants have fully settled, amassing more than $226 million in total disbursements.

May 11, 2025 – Over $2.8 Billion Allocated Across Multiple 3M Settlement Programs

As of May 11, 2025, a total of more than $2.8 billion had been set aside for claimant payments in the 3M Combat Arms Earplug litigation, with $2.39 billion already paid to claimants across the different categories. Around $3.1 million was sidelined to satisfy liens, and $237.8 million or 9% was earmarked for common benefit fees. The Expedited Pay Program (EPP) claimants had by far the largest share of payments with over 230,000 people getting a total of $2.37 billion. Detailed Pay Program (DPP) claimants who go through a more elaborate review process received $15.7 million distributed over 17,500 claims. Of the remaining payments, more than $226 million went to wave program claimants, while the Extraordinary Injury Fund (EIF) disbursed $13.6 million to 523 individuals, although the total number of standard EIF claims is not yet factored into this amount. This pattern of payments suggests that most claimants chose to quickly resolve their claims, while a smaller number pursued higher-value DPPs or EIF claims.

May 1, 2025 – Pending 3M Earplug Cases Drop Slightly as Settlement Implementation Progresses

As of May 1st, 2025, the Combat Arms Earplug multidistrict litigation under 3M reported 32,256 pending cases, a minor reduction from last month, which had recorded 32,500 cases. This reduction is a result of ongoing case management and administrative processing as the massive global settlement continues its implementation. It shows the long tail of the largest MDL in U.S. history, with remaining claims being addressed and resolved under the structured settlement programs.

March 3, 2025 – 3M Earplug MDL Nears Final Phase with Major Case Dismissals

The long-drawn-out 3M Combat Arms Earplug multidistrict litigation (MDL) is now practically in the last stages, with March 3, 2025, deriving substantial success in the management and resolution of claims pertaining to the MDL settlement framework. Pending cases in the MDL stand at 33,000, with approximately 66,000 cases being dismissed in the month of February alone.

February 3, 2025 – MDL Case Count Falls Below 100,000 as Settlements Advance

As of 3rd February 2025, the MDL still subsided to 99,070 cases that remained. This decrease will continue to occur as cases are managed and claims are processed within the structured settlement programs.

January 20, 2025 – 3M Seeks Arbitration Against AIG Over $160 Million Insurance Coverage Dispute

The January 20, 2025, arbitration was announced by 3M, opposing its insurer, AIG Europe Limited, for alleged wrongful denial of cover for part of the settlement on a $160 million insurance policy, in London. For the purpose of arbitration, 3M sought Judge Rodgers’ permission to disclose certain settlement details to the tribunal in London, including details regarding amounts paid to claimants and allocation methodology. The court partially granted the request, allowing some release of settlement data for arbitration but reiterating that it must remain confidential and only be used to determine whether AIG Europe wrongfully denied coverage.

January 3, 2025 – 3M Earplug MDL Sees Major Reductions with Over 24,000 Cases Resolved

As of January 3, 2025, the consolidation of the 3M Combat Arms Earplug MDL continues into 2023. In December 2024, about 24,000 cases were either resolved or dismissed, leaving 124,143 claims pending. The number of cases pending now, compared to the peak of around 300,000, demonstrates the long and tedious process of administration and resolution in this historically big multidistrict litigation.

December 11, 2024 – Additional $24.1 Million from Extraordinary Injury Fund to Boost Claimant Awards

The 3M Combat Arms Earplugs settlement program is announcing that additional funds will soon be distributed to eligible claimants with point-based awards from the $40 million Extraordinary Injury Fund (E.I.F.), which had been dedicated to claimants with severe or out-of-the-ordinary injuries. With an unallocated portion of $24.1 million as a result of final E.I.F. awards, this money will be redistributed to claimants in proportion to their original point-based awards. It is anticipated that each point will increase by 30.9 percent, thereby providing substantial additional compensation to the eligible EIF claimants. Claimants who only received a base settlement payment or those on a recorded tinnitus award are not eligible, as those amounts are not part of the point-based system. Supplemental payments are expected to be made in mid-January of 2025.

December 2, 2024 – 3M Earplug MDL Holds Steady at 148,528 Pending Cases

As of the 2nd of December, 2024, the 3M Combat Arms Earplug MDL remained stable at 148,528 pending cases, having seen no change in the month of November. While the continuing cases’ total is no longer significant, it is nonetheless followed because of the long-standing history and scale of this litigation.

November 27, 2024 – 3M Seeks Court Approval to Share Settlement Data in AIG Insurance Arbitration

On November 27, 2024, 3M requested permission from Judge Rodgers to share settlement information from the $6 billion global settlement with a London arbitration tribunal. The arbitration is set for a 10-day hearing in March 2025 to determine whether or not AIG Europe has wrongfully denied coverage under a $160 million insurance policy. AIG wants detailed settlement information, including amounts paid to individual claimants, to assess possible exclusions to its coverage obligations. While 3M argues that some of this information is irrelevant to AIG’s liability, the company did agree that some information could assist in resolving dispute matters in the arbitration process.

October 7, 2024 – TRICARE Lien Settlement Finalised for Over 110,000 Military Claimants

This agreement is for the Combat Arms Earplugs Settlement program and those who filed claims, totaling 110,149 people who got TRICARE benefits related to the location of care. The agreement resolves TRICARE’s claims against settlement awards, providing a uniform process for all claimants. Each participating beneficiary must pay $49 from his or her settlement award to settle all TRICARE claims, plus a $5 administrative fee, for a total of $54 per claimant. This is the first global settlement of TRICARE liens in a mass tort settlement, coordinated among the Department of Justice, the Defense Health Agency, and a large group of plaintiffs, and it greatly simplifies and clarifies payments for military persons and their families.

October 1, 2024 – MDL Case Count Shows Minimal Decline as Settlement Administration Continues

After a drop of more than 20,000 cases in August, the 3M Combat Arms Earplug MDL had a meager decline of just 29 more cases in the month of September. Pending cases as of October 1, 2024, stand at 224,418, and are representative of ongoing case administration and case resolution in the structured settlement program.

September 28, 2024 – Delaware Court Denies 3M’s Bid for Immediate Appeal in Insurance Coverage Dispute

The Delaware Superior Court has rejected a request by the 3M Company for an immediate interlocutory appeal in a dispute with insurers concerning coverage for personal injury litigation resulting from faulty combat earplugs. Judge Sheldon K. Rennie determined that the appeal had no novel legal issues presented, nor was it a more efficient avenue for resolving the matter. The dispute involves five insurers and concerns whether insurance policies cover legal defense and settlement costs associated with hearing loss claims and tinnitus claims. The court reiterated that coverage must be determined on a case-by-case basis under each policy, and it previously denied 3 M’s summary judgment motion.

September 18, 2024 – Deadline Passes for MSA I Claimants to Withdraw from Extraordinary Injury Fund

Monday, September 18, 2024, was the last date for the MSA I claimants to withdraw claims from the Extraordinary Injury Fund (EIF), thus ending the opt-out period for this category of claims under the settlement program.

September 17, 2024 – Motion Filed to Confirm 9% Common Benefit Fee and Appoint Special Master for Distribution

On behalf of plaintiffs’ leadership in the 3M Combat Arms Earplug litigation, a motion was filed to affirm the withholding of 9 percent from all recoveries and to create procedures for distribution of common benefit attorneys’ fee payments. Previous orders from the court had permitted such money to be withheld to a heavy burden for lawyers who performed services that benefited all claimants. Specifically, the motion seeks confirmation that (1) the 9 percent holdback is applicable for global settlements and (2) the assignment of Special Master David R. Herndon to manage the allocation and distribution of these fees. Judge Rodgers referred the matter to Special Master Herndon, who will, in turn, prepare a report and recommendation. Counsel will have fourteen days to object before the court conducts a final review.

September 4, 2024 –  Plaintiffs Challenge Washington DCS Subpoena Over Claimant Data Privacy

Plaintiffs’ attorneys have filed a petition to seek a remedy from the court for a prohibition directing the Washington Division of Child Support (DCS) from interfering in the administration of settlements. The petition raised issues with respect to the wide-ranging administrative subpoena from DCS calling for private information of all Washington State claimants. The plaintiffs argue that the subpoena is overly intrusive and has no legal basis. It threatens unnecessary exposure of sensitive private data to unneeded administrative burdens. According to them, the moves taken by DCS might violate protective orders and procedural fairness; they ask, therefore, that the court secure the integrity of the settlement and keep claimants away from undue disturbance.

September 3, 2024 – MDL Case Count Drops by 20,000 as Settlement Progresses

Another 20,000-odd cases of the 3M Combat Arms Earplug MDLs have seen a reduction, putting the total number of pending claims at 224,417 cases. This proclaims continuing resolution of cases and the active administration of settlement programs.

September 2, 2024 – Judge Orders Loan Payoffs to Prevent Delays in Settlement Distributions

Settlement administration has been delayed due to some lawsuit loans still being outstanding. Primary counsel was ordered by Judge M. Casey Rodgers to secure payoff amounts within thirty days to provide this information to the Settlement Administrator. This is to safeguard the integrity and timeliness of distributions to claimants under the settlement program.

August 18, 2024 – Court Clarifies Fee Rules for Extraordinary Injury Fund Applications

This particular Case Management Order No. 94 below pertains to the application fees that are prescribed for the Extraordinary Injury Fund (EIF) Program. The highlights are as follows:

1. Application Deadlines Closed: The EIF applications have closed for both MSA I and MSA III participating claimants.
2. Fee Inquiries: Plaintiffs’ attorneys wanted to know whether the application fees for the EIF could be taken from net awards in other settlement programs in case an application to the EIF is denied.
3. Authorization for Deductions: Primary counsel is authorized to deduct EIF application fees from awards under Wave, Expedited, or Deferred Payment Programs. If an EIF award is granted, withheld fees must be returned to claimants within thirty days; if denied, fees are remitted to the Qualified Settlement Fund (QSF).
4. Law Firm Obligations: Obligations of collection by the firm have to adhere to the same standards regarding the right maintenance of Funds based on the application outcome.

August 5, 2024 – Total Settlement Distributions Surpass $1.38 Billion

Claimants collected a total of $1,381,237,619 in distributions. The complainers continue to furnish updates about their progress through settlement programs.

July 25, 2024 – Settlement Payouts Reach $1.2 Billion Amid Ongoing Administration

During the last month, that amount has climbed to $1.2 billion in payments to claimants, which is the result of ongoing settlement administration.

July 16, 2024 – 3M Pays Additional $500 Million, Bringing Total Settlement to $1.6 Billion

3M paid out $500 million for a settlement on July 16, 2024. Cumulatively, it was $1.6 billion at this stage, with around $700 million already paid out to claimants.

July 9, 2024 –  Over $815 Million Distributed from 3M’s $6 Billion Settlement Fund

The money distributed thus far amounts to $815,889,097 of the $6 billion settlement, which is about 14% of the total settlement funds as of last week. 

July 4, 2024 – Court Reinforces 50% Rule and Ledgering Compliance for Settlement Payments

BrownGreer reported on the ledgering process, which differentiates between ledgering firms (participating counsel) and non-participating firms. Judge Rodgers insisted on absolute adherence to court orders that would ensure that claimants receive timely and consistent payments. The court also restated the “50% Rule,” where it requires that plaintiffs receive not less than 50% of gross settlement funds after deducting 9% common benefit fees. Non-ledgering firms are required within sixty days to remit the payment or rather go through the ledgering process. 

July 1, 2024 – Active 3M Earplug MDL Cases Drop to 237,907 as Settlements Advance

The number of active cases in the 3M Combat Arms Earplug Products Liability Litigation dipped by a hair from 247,640 in June to 237,907 in July 2024. The number of active cases has decreased due to the dismissals and administrative updates made as they now progress through the settlement program.

June 6, 2024 – Judge Declines Sanctions for Delayed Compliance with Case Management Order 91

The Judge has made an order that there will be no sanctions meted against any law firms for not timely complying with Case Management Order 91. This clarifies the procedural expectations for counsel.

June 5, 2024 – Law Firms Cite Communication Issues in Responses to Judge’s Order

Responses from law firms regarding Judge Rodgers’ prior order are surfacing, one of which cites as an excuse for not knowing about receiving a Copy of the Claimant Ledger and the submission deadline the “avalanche” of notices and communications. Yet another firm attributed late responses to its own personnel miscommunication and hastily rectified the problem while tendering apologies. Although the court is likely exercising discretion regarding sanctions for these blunders, both responses should state the procedural hurdles associated with large-scale litigation.

June 4, 2024 – Judge Reviews Firms’ Improper Releases; Sanctions Averted After Corrections

Judge Rodgers demanded that the two firms demonstrate, on behalf of their clients, whether the Settlement Program Releases that they entered into complied with MSA I and CMO 58; if not, then why should not sanctions be imposed on the submission of improper releases. These firms acknowledged that they signed on behalf of their clients’ releases. According to 3M, 14 of 16 releases were rectified via later “wet signatures” alongside government-issued photo ID, thus rendering the matters of sanction unnecessary. The Judge asserted that otherwise, without corrected signatures, claimants would have been disqualified from the Settlement Program. Importantly, it was only these two from 337 participating firms that acted wrongly.

May 21, 2024 – 3M and Plaintiffs Withdraw Appeals as $6 Billion Settlement Nears Finalization

Both 3M and the counsel for service members jointly filed before the Eleventh Circuit a motion to withdraw the company’s appeals on two trial court orders, followed by the emerging finalization of the $6 billion settlement and a consequent reduced need for the appellate review, as both parties move towards agreement. Early appeals essentially tackled the ruling issues of Judge Rodgers, including those that curtailed 3M from making its arguments in the bankruptcy court and that sought to place liability on Aearo Technologies.

April 18, 2024 – Court Outlines Bulk Submission Process for EIF and DPP Applications

Judge Rodgers issued Case Management Order No. 88 informing the “Bulk Submission” process for claim data and documents. The process is thereafter to be used for submissions concerning Extraordinary Injury Fund (EIF) Award Applications and Deferred Payment Program (DPP) Supplementations. Procedure must be followed according to the instructions provided by Settlement Administrator BrownGreer to Primary Counsel, with the deadlines for MSA III Wave Claimants by April 22, 2024, and MSA I Claimants by July 23, 2024, for the fast and timely processing of claims. 

April 1, 2024 – 3M Earplug MDL Drops by 5,000 Cases as Settlements Progress

As soon as the settlement payments began, shrinkage surfaced in the 3M Combat Arms Earplug MDL. Approximately 5,000 cases were settled in the past month, shrinking pending claims to 271,118.

March 28, 2024 – 3M Legal Chief Earned $6.7 Million Amid Ongoing Litigation

According to a Bloomberg report, in 2023, 3 M’s Chief Legal Affairs Officer Kevin Rhodes received more than $6.7 million in total compensation, including a $887,400 base salary; about $1.7 million for cash, and more than $3.8 million in stock awards. Amid earplug and PFAS lawsuits, such headlines spotlight corporate compensation.

March 26, 2024 – 3M Confirms 99% Participation Rate, Securing $6 Billion Settlement

3M announced that with more than 99 percent of eligible service members participating in the $6 billion Combat Arms Earplug settlement, the required threshold has been met to close the deal. The company maintains the right to withdraw should participation fall below 98 percent.

March 22, 2024 – Court Defines Award Notice and Payment Procedures Under CMO No. 86

In Case Management Order No. 86, Judge Rodgers laid out rules for the notice of award determination and payment process for claimants. The order includes steps of FIFO ranking of claimants under the expedited payment program, review of claim materials, issuing initial award notices, reconsideration requests, and point-based award calculations. The order clarifies distinctions between claimants represented by “Ledgering” versus “Non-Ledgering” counsels and looks at procedural impediments such as healthcare liens. Importantly, it emphasizes that claimants and their counsels should have access to information regarding the status of their claims, without court intervention.

March 9, 2024 – Court Extends Deadlines for Plaintiffs Rejoining 3M Settlement Program

Some plaintiffs who had opted out of the 3M Combat Arms Earplug settlement have had a change of heart. Due to this, the court, by order dated March 5, 2024, has extended the deadlines under C.M.O. 57 by 30 days, allowing correction of any errors made in an opt-out or dismissal decision. The status conferences for these plaintiffs were canceled, and they will have a 10-day window to fill out and return the registration packets notified by the Settlement Administrator to provide them with a final chance of participation in the settlement.

March 1, 2024 – Judge Temporarily Suspends Deadlines for Deceased Claimant Substitutions

Under Fed. R. Civ. P. 25(a), Judge Rodgers has temporarily stayed the requirement for those claimants applying to the Settlement Program to submit a Suggestion of Death. This also encompassed the 90-day deadline for filing substitution motions after a Suggestion of Death. However, this ruling has no effect on litigation plaintiffs who opted out of the settlement or were ineligible for it. This procedural measure allows benefits for claimants whose estates must be substituted for a deceased original claimant.

January 30, 2024 – 3M Revises $6 Billion Settlement to Replace Stock with $1 Billion Cash Payout

3M has edited the terms of the settlement worth $6 billion to a cash payout of $1 billion instead of the issuance of unregistered stock. The order approved by the court has set up a 6-payment schedule that will start coming into effect after participation is greater than the designated 98 percent, which is anticipated by March 25, 2024. This modification is to facilitate the efficient administrative processes and timely disbursement to accredited claimants.

January 15, 2024 – Interest in 3M Earplug Claims Persists Despite Settlement Finalization

Law firms were still receiving inquiries from service members concerning 3M earplug claims, an indication of the sustained interest, notwithstanding the settlement. The MDL case count at that time stood at 276,568. Law firms were not accepting any new cases.

January 3, 2024 – Court Approves $1 Billion in Unregistered Shares as Part of Settlement Structure

Judges have approved the issuance of $1 billion in unregistered shares, forming part of the $6 billion settlement. The shares will be valued on a weighted average basis to ensure that fair market valuation is achieved. Issuance will occur on a tranche basis, with the investment manager provided with oversight so that dilution risks are minimized in protecting the value of the settlement fund for the claimants.

December 12, 2023 – Fairness Hearing Addresses Concerns Over Stock Transfers and Bankruptcy Impact

During the fairness hearing, concerns were raised that the 3M bankruptcy might affect stock transfers within the settlement. A former SEC commissioner commented on the fairness of the stock transfer since arm’s length negotiation and the fact that 3M is a public company provided a reliable market value. Shares would now be issued to the settlement fund with the application of mechanisms to mitigate dilution risk.

December 6, 2023 – Judge Declines to Revisit Sanctions on Dechert Attorneys Despite Reversal

Judge Rogers recently rejected a plea to reconsider sanctions imposed on two Dechert LLP attorneys who were previously sanctioned in the sum of $12,000 for purported violation of orders during closing arguments in a bellwether trial. On purely technical grounds, the 11th Circuit reversed the sanctions, reasoning that the notice had not been given according to appropriate procedures and the failure to show subjective bad faith. Judge Rogers did not see cause to take matters further.

November 28, 2023 – 2024 VA Disability Rates Announced with 3.2% COLA Adjustment

The 2024 VA disability rates became effective December 1, 2023, with a 3.2 percent cost-of-living adjustment (COLA) for disabled veterans effective January 2024. This is relevant for many claimants in the settlement.

November 27, 2023 – BrownGreer Appointed Co-Administrator of 3M Settlement Funds

Judge Rodgers modified previous orders establishing the Combat Arms Earplugs Qualified Settlement Fund (QSF) and Common Benefit QSF. The co-administrator, ARCHER Systems, LLC, had been replaced by BrownGreer PLC. Randall L. Sansom will remain in that position. To ensure continuity of settlement administration, BrownGreer has been empowered to perform all required QSF management tasks.

November 18, 2023 – MDL Records Updated with 42,647 Additional Case Entries

In the last 30 days, 42,647 additional cases have been entered into the Combat Arms Earplug MDL 3M. The above reflects an ongoing accounting of claims within the MDL and does not suggest any new influx of cases since the settlement is already closed. 

November 17, 2023 – Fairness Hearing for $6 Billion 3M Settlement Scheduled for December 11

The Fairness Hearing for its own $6 billion settlement is set for December 11, 2023, at 10:00 a.m. EST. 

November 7, 2023 – Court Dismisses 3,548 Duplicate Claims Following October Deadline

After the October 11 deadline passed, Judge Rodgers dismissed many duplicate claims pending there. Any claimant not yet able to resolve these duplications was then deemed represented by the firm that filed the earliest suit, while any additional filings were dismissed with prejudice. A whole 3,548 duplicates were dismissed, hence largely decreasing case counts.

October 30, 2023 – Court Issues Final Compliance Deadlines for Contact Verification and Case Closure

The plaintiffs are under two directives-court directives. One group was given the last chance to provide valid email addresses and cell numbers by November 3, 2023, failing which their cases would be dismissed. The other group was formerly dismissed, with their last task being the closure of their PIDs in MDL-Centrality, a task assigned to the Settlement Data Administrator.

October 17, 2023 – Court Warns Claimants of Fraudulent Impersonation and Data Theft Attempts

Judge Rodgers advised the claimants of fraudulent activity against settlement participants. Impostors posing as employees of Archer Systems LLC were duping others out of confidential personal identification information, namely, Social Security No.s and dates of birth. The court reported the incidents to the FBI, which encouraged claimants to report suspicious contacts to plaintiffs’ counsel so that further theft of identity could be averted.

October 11, 2023 – Judge Warns Plaintiffs’ Attorneys Against Repeated Motions and Order Violations

A federal judge warned attorneys representing the veterans not to repeatedly make their motions, pointing out that a continued violation of the case management orders will lead to penalization for “willful and repeated” disregard.

October 10, 2023 – Fast-Track Settlement Participation Estimated Between 70–90 %

The expected participation rate in the fast-track settlement program was pegged between 70 to 90 %. This percentage will have considerable implications for the distribution of the settlement funds. Observations from various discussion forums indicate that the estimate may not completely represent the population of claimants.

October 5, 2023 – Expedited Payment Program Expected to Begin Payouts by December 2023

The payment timing under the Expedited Payment Program was still in question. Archer Systems said some expedited payments might be made by December 2023, and approximately 50 percent of claimants would be compensated by the end of 2024. All enrolled claimants would receive full distribution by May 30, 2025.

October 3, 2023 – Counsel Urges Claimants to Join Settlement to Avoid Limited Recovery Options

According to MSA Section 8.1.2, the settlement was recommended for all those claimants who were eligible for it. Legal advice made it abundantly clear that opting not to join this settlement would probably limit any recovery opportunities since there seemed to be no contingency counsel willing to pursue any opt-out cases.

October 2, 2023 – Point System Outlined for Tinnitus and Hearing Loss Compensation Awards

The driving force last eligible for an award system under the point system is outlined below:

• Tinnitus Only: Award $5,000 when there are no corroborating records.
• Recorded Tinnitus: Award $10,000 when diagnosed or treated within a two-year period of the last use of earplugs.
• Slight Hearing Loss: Award $10,000 when defined as at least 15 dB loss in one frequency.
• Mild Hearing Loss: Award $16,000 when defined as 20–35 dB loss in one frequency. 
• Moderate or Greater Hearing Loss: Award $24,000 when defined as 40 dB or more loss in one frequency. 

For claimants qualifying in greater than one category, the higher reward applies, not the cumulative amount. Full evaluation program payouts are scheduled every October 1 from the year 2025 to 2029. Claimants are encouraged to seek legal advice in making the most appropriate selection for settlement.

September 28, 2023 – No Attorneys Yet Committed to Representing Opt-Out Plaintiffs

The discussion is ongoing for attorneys willing to accept opt-out cases under CMO #57. To date, therefore, no attorney has publicly committed to taking cases for plaintiffs who are not existing clients. There has been no concrete evidence attained to show that opting out of a settlement yields a higher recovery.

September 24, 2023  -Detailed Defense Position Framework Defines Claim Scoring and Valuation

The Detailed Defense Position (DDP) refers to the scoring or valuation framework relied upon to settle claimants’ settlement amounts. The DDP is inclusive of these factors, among others:

• Diagnosis of hearing loss or tinnitus and severity levels
• Total duration of exposure using 3M earplugs
• Proof of military service record use 
• Insufficient disability impact – VA ratings and occupational effects
• Plaintiff demographics, including age, military branch, and deployments
• Strength of claim: how an affected person’s hearing loss can be linked to earplug use

Every single factor gets a weighted score which is later converted into dollars.

September 23, 2023 – CMO #68 Requires Correction of Incomplete Identification Declarations by Sept’ 25

CMO #68 was issued due to a lack of some required information in the Identification Order Declarations, such as social security numbers and birth dates, which constitutes violations of CMO #60. Therefore, Defenders and Counsel have been ordered to remedy the statements that are incomplete or inaccurate by 25th September 2023. The implications of this requirement would include the possibility of dismissing any claims that do not meet it.

September 22, 2023 – CMO #69 Revises Document Submission Deadlines and Replaces Prior Orders

CMO #69 has amended the submission dates and requirements applicable to the documents-in-order and has done away with the old orders (Pretrial Orders 18 and 81, CMO #40). Important deadlines:

1. Docket people to the court by 29 August 2023, whose census forms are still pending must submit accurate and complete census forms within MDL Centrality by 5 October 2023. 
2. All other eligible claimants must file accurate census and DD214 forms not later than 26 September 2023 but within 14 days of being identified in an Identification Order Declaration.

A deficiency process requires repairs within 14 days of notice. Failure to comply may cause case dismissal without further notice.

September 20, 2023  – 3M Maintains No Admission of Liability in Settlement Agreement

3M has not admitted to liability as part of the settlement. The admission of liability would expose 3M to opt-outs and litigation on a large scale, with reputational consequences to 3M and further complicating settlement dynamics. Such admissions are seldom undertaken in mass tort settlements. 

September 13, 2023 – Ongoing Uncertainty Surrounds Implementation of Settlement Logistics

Uncertainties remain about settlement implementation logistics and details. Observers are watching the developments closely. 

September 10, 2023 – Court Opens Comments Section for Claimants’ Feedback on Case Developments

A comments section was opened to solicit insight and feedback from claimants about case developments and counsel guidance. 

September 9, 2023 – Settlement Hearing Notes Absence of Point System; No Clawback Included

The hearing concerning the settlement structure was uneventful. By this time, no point system had yet been established. Significantly, the settlement would contain no clawback, thereby ensuring that all allocated funds, whether for participating claimants or for those selected for expedited process, remain within the distribution fund pool.

September 5, 2023 – CMO #62 Expanded to Include Nonmilitary Minnesota Cases in MDL Docket

The judge-modified CMO #62 to include nonmilitary Minnesota cases in the Administrative Docket of the MDL. Meanwhile, eligible Minnesota cases filed or served by August 29, 2023 now have, until October 2, 2023, also to be submitted. You can also watch the hearing via this link. 

September 4, 2023 – Preliminary Settlement Estimates Suggest First-Tier Awards Around $8,333

Indicating the potential for a quick settlement of about $8,333.33 for first-tier settlements with variations or slight changes depending on levels of injury or severity, assumptions about this who may actually settle as tiers were still pending.

September 1, 2023 – ADR Conference Scheduled to Review Settlement Program Issues

An ADR case management conference is scheduled for September 8, 2023, at 9:00 a.m. CDT, before Judge Rodgers, for discussion of all settlement program issues.

August 30, 2023 – Veteran Groups Show Growing Support for 3M Settlement Amid Mixed Reports

There has been a strong drift of popular support in favor of the settlement. Organizations representing veterans gaining in size, for example, have publicly endorsed it. Conflicting reports arise as to which groups under the ad hoc group have actually endorsed the settlement.

August 29, 2023 – 3M Confirms $6 Billion Settlement and Outlines Key Terms in SEC Filing

The company officially issued a public notice and a filing with the SEC regarding the formal and board-approved $6 billion settlement reached with the company. Other key features of the settlement include:

Link to the agreement

• A 98% participation requirement for the proceedings of the settlement
• Early settlement proposals of $8,333.33 prior to detailed records submission
• Qualified healthcare liens will be under the supervision of the Settlement Administrator
• Registration Form submission will be binding, with limited exceptions
• John Perry is appointed Special Master
• For claimants not electing for fast settlements, there will be a point-based claims mechanism

August 28, 2023 – 3M Board Vote on Settlement Boosts Share Price by Nearly 5%

Bloomberg and Reuters reported that the board of 3M was to vote on the settlement. The market response indicated a near 5% share price increase on the settlement news. 

August 27, 2023 – Early Reports Indicate $5.5 Billion Tiered Settlement Structure Under Discussion

Reports suggested that a close-to-$5.5 billion settlement could take different forms — including tiered payments based on claim strength and injury severity. 

August 24, 2023  – Settlement Speculation Grows as Law Firms Halt New Case Intakes

Speculation continued over settlement so far, with estimates seeming to indicate that the average payout could differ widely depending on injury severity and quality of documentation. The stopping by law firms of accepting new cases would indicate some progress being made toward final settlement. 

August 22, 2023 – Judge Dismisses Claims for Failure to Meet Documentation Requirements

Judge Rodgers dismissed claims belonging to several plaintiffs who had failed to follow explicit guidelines for their documentation submission to keep their standing in the process.

August 15, 2023 – Continued Settlement Rumours Amid Expected Dismissals for Missing DD214s

More dismissals were expected regarding the non-submission of DD214s. There were rumors going around that there was a continuation of settlement talks.

August 2–3, 2023 – Final Chance Granted for Plaintiffs to Submit Required Military and Census Documents

Judge Rodgers has given delinquent plaintiffs yet another chance to comply with military service and census documentation requirements. Plaintiffs who fail to reply as of August 3, 2023, are likely to be denied access.

Read about the Talcum Powder Lawsuit

Frequently Asked Questions on 3M Earplug Lawsuit