In another victory for Veterans dealing with hearing loss and tinnitus after using 3M defective earplugs, a federal jury awarded a U.S. Army Veteran $8.2 million. The $8.2 million verdict is the biggest yet against the company in its ongoing litigation over its CAEv2 earplugs given to all branches of the military between 2003-2015.
Pensacola, Florida jurors sided with U.S. Army soldier Brandon Adkins after finding the earplugs had a defective design. Further, jurors said that 3M failed to notify or provide adequate safety warnings of the potential harm that could come from its poorly designed earplugs. Adkins’s lawsuit was the fourth to go to trial out of 259,000 cases pending.
The Oct. 1 verdict, marks 3M’s third trial loss over its defective earplugs.
The next trial will be Oct. 18 before District Judge M. Casey Rodgers who oversees the largest multidistrict litigation in history.
How do Veterans keep winning these trials?
The key argument that attorneys for Veterans are making is that the company did three deceptive acts:
- Hid earplug design flaws
- Failed to report completely accurate test results
- Failed to provide instruction in the proper use of Combat Arms Earplugs Version 2
3M denies the allegations made against it and says that while it’s disappointed in the most recent verdict, that the company is “ready to defend ourselves against plaintiffs’ allegations at all upcoming trials.”
What is the importance of the Adkins Trial?
Adkins’ case was selected by the defense, 3M, for trial in the fourth bellwether trial. In other words, this trial Bellwether trials help both sides of mass torts litigation gauge the range of damages and define settlement options.
The outcome of the three other trials are as follows:
- The first trial resulted in a $7.1 million verdict split between three plaintiffs in April.
- The second trial in May resulted in a victory for 3M.
- The third trial found 3M 62% liable for the $1.7 million in damages a Veteran suffered.
We’ve got your six.
Veterans who suffered from hearing loss or tinnitus still have time to join the 3M lawsuit claim. If you have legal questions, contact VLAP to see who we trust.