NEW YORK — 3M, a leading chemical and consumer product manufacturer, announced on Tuesday that it has reached a $6 billion settlement to resolve lawsuits filed by U.S. service members who suffered hearing loss or other serious injuries as a result of using faulty earplugs produced by the company. The settlement will consist of $5 billion in cash and $1 billion in 3M stock, with payments scheduled until 2029.
Hundreds of thousands of veterans and military personnel have sued 3M and its subsidiary Aearo Technologies, which was acquired by 3M in 2008, over the defective Combat Arms Earplugs. These earplugs were designed to protect against close-range firearms and loud noises but had a design flaw that caused them to loosen and result in hearing damage. Aylstock, Witkin, Kreis, & Overholtz PLLC, one of the law firms representing the plaintiffs, confirms these allegations.
According to the law firm, 3M had previously agreed to pay $9.1 million to settle a lawsuit filed by the government, accusing the company of knowingly supplying defective earplugs to the military. Additionally, since 2019, 3M has lost 10 out of 16 cases that went to trial, resulting in substantial financial awards to the plaintiffs.
In a joint statement, the attorneys representing the plaintiffs hailed the settlement as a significant triumph for the men and women who served their country and suffered life-altering hearing injuries. However, 3M reiterated that the settlement does not constitute an admission of liability, maintaining that their products are safe and effective when used correctly.
The Wall Street Journal reported that 3M had previously attempted to address the earplug litigation through bankruptcy court. A separate company, Aearo, filed for bankruptcy in 2022, assuming responsibility for the claims, but the filing was later dismissed.
In addition to the earplug litigation, 3M agreed in June to pay at least $10.3 billion to settle lawsuits related to the contamination of public drinking water systems across the United States with harmful compounds known as “forever chemicals.” The settlement, which has not been finalized yet, could reach up to $12.5 billion. However, 22 attorneys general criticized the proposed settlement, arguing that it favors 3M and fails to give water suppliers adequate time to determine compensation.
New York Attorney General Letitia James announced that important changes have been made to the settlement terms at the request of the attorneys general. These modifications include extending the deadline for eligible water systems to review the settlement and removing uncapped indemnity in favor of 3M. As a result, the attorneys general withdrew their opposition, and the proposed settlement received preliminary approval from the judge.
Responding to the changes, a spokesperson for 3M expressed satisfaction with the clarified agreement and the withdrawal of objections from the attorneys general. The spokesperson stated that the settlement will benefit public water systems across the country without the need for further litigation.
However, five attorneys general, including California Attorney General Rob Bonta, still voiced concerns about the amount and timeline of the settlement payment. Bonta acknowledged that 3M made critical modifications to the original proposed settlement but criticized the company for not adequately compensating water suppliers or addressing the remediation of the damage caused to public drinking water systems.
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