The final scheduled bellwether trial over 3M's allegedly defective Combat Arms earplugs ended Friday in favor of the plaintiff with a $77.5 million verdict, the largest sum awarded to date.
3M loses final bellwether earplug trial with $77M verdict in favor of veteran
With no sign of a settlement to resolve the remaining claims against the company, cases are preparing to go to trial in waves of 500 at a time.
May 20, 2022 at 7:01PM
A federal jury awarded Army veteran James Beal $5 million in compensatory damages and hit 3M with $72.5 million in punitive damages over "defectively designed" CAEv2 earplugs that caused tinnitus and hearing loss, Beal's lawyers said.
"It is clear 3M's defenses — whether in the courts, to investors or the public — are unconvincing and without merit," attorneys Bryan Aylstock, Shelley Hutson and Christopher Seeger said in a statement.
In a statement, Maplewood-based 3M said it is "disappointed" and will appeal the verdict and damages.
"This award will be challenged in the appeal we file of today's verdict, as we continue to vigorously defend our record in these matters," the company said.
Damages from all 16 bellwether cases — 10 of which have gone in favor of plaintiffs — total nearly $300 million.
Bellwether trials are meant to set the stage for a possible settlement in large, complex cases. With no sign of a settlement to resolve the quarter-million claims still pending against the company, cases around the country are preparing to go to trial in waves of 500 at a time.
"Considering how the majority of juries have responded in these cases, we look forward to trying them across the country to fully hold 3M accountable for the damage they have caused to those who served our nation," Beal's attorneys said.
3M maintains its products, which for more than a decade were standard issue for the military, are safe. The earplugs were discontinued in 2015. 3M has appealed or will appeal the 10 unfavorable verdicts.
"Our six trial wins, not to mention the eight cases plaintiffs' attorneys dismissed and our pending appeals, encourage us as we continue defending our record in the next phase of the litigation," 3M said in a statement. "3M's conduct with respect to the CAEv2 product was consistent with the company's values and longtime commitment to keeping our U.S. military safe."
The company's stock fell 3% as the verdict was released Friday.
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