Generic selectors
Exact matches only
Search in title
Search in content
Search in posts
Search in pages

FOLLOW US: 

May 8, 2019

3M Military Earplug Federal MDL Allows Direct Filing of New Lawsuits

As of April 2019, new approved procedures allow for the direct filing of future cases brought forth U.S. veterans impacted by the 3M military earplug scandal. These lawsuits may be brought to the 3M military earplug federal multidistrict litigation (MDL) centralized in the Northern District of Florida for pretrial and coordinated discovery proceedings.

Currently, about 600 product liability lawsuits against 3M are filed across the U.S. But, expected numbers of future lawsuits reach up into the tens of thousands. The U.S. military issued 3M Combat Arms Dual-Sided earplugs to service members between 2003 and 2015. Unfortunately, military officials were unaware of the injury risk for soldiers. The significant length of time the allegedly defective earplugs were distributed greatly contributes to the expected number of future 3M earplug lawsuits.

To consolidate similar cases and provide a more expedient way to address the abundant number of cases starting to flood in from around the country, the U.S. Judicial Panel on Multidistrict Litigation decided to centralize all 3M earplug claims to a court in Pensacola, Florida.

U.S. District Judge Casey Rodgers was recently appointed to preside over the federal 3M military earplug lawsuits. This week Judge Rodgers issued a Pretrial Order (PDF) that details the procedures necessary for direct filing of future cases. Judge Rodgers does note that directly filing in the MDL will not impact the choice of law that would have otherwise been applied if the case had been filed in another District Court.

Case Background


Lawsuits in the MDL allege defects in the 3M earplugs contributed to the hearing loss, difficulties, and injuries of service members issued these earplugs. Servicemembers state they had no choice in whether or not to use the earplugs: they were standard issue. The majority of the claims allege that 3M failed to reveal design defects the company knew about before distribution. The dual-sided earplugs were meant to protect soldiers’ hearing when faced with harsh battlefield noises but still allow them to hear superiors’ commands. However, claims of a too-short earplug stem meant that the earplugs did not fit properly into service members’ ears, subjecting them to inadequate ear protection.

MDL Future


Those closely following the 3M MDL expect Judge Rodgers to establish a “bellwether” process as apart of the coordinated pretrial proceedings. This will allow for a small group of claims representing the majority of cases in the MDL to be prepared for early trial dates. Also, creating a “bellwether” process would help parties to assess how the juries may respond to types of evidence and testimonies repeated throughout the litigation.

Recent Posts

Massive List of Catholic Clergy Credibly Accused of Sexual Abuse Released

The investigative news source ProPublica compiled and released a thorough list of Catholic clergy credibly accused of sexual abuse, including hundreds of priests from California. ProPublica’s database encompasses all the lists American Catholic religious orders dioceses have released as of about 2018. According to ProPublica’s officials, many American dioceses point to a 2018 Pennsylvania grand […]

Read More
Washington Man Claims Testicular Cancer Was Caused by Chemicals in Firefighting Foams

A complaint filed earlier this month claims toxic “forever” chemicals in firefighting foams caused a man to develop testicular cancer. The claim indicates that the firefighting foam manufacturers withheld safety warnings about the side effects of using aqueous film-forming foams (AFFFs). The lawsuit, filed by Mark Austin Goldendale, WA, alleges that he developed testicular cancer […]

Read More

Contact Us Today for your free, in depth case evaluation

We're on Your Side
We're Available 24/7
No fees unless you win

Free in-depth 
case evaluation

Contact Us Today!

1. We're on Your Side

2. We're Available 24/7

3. No Fees Unless You Win
Northern District of California Logo
state bar of montana logo
ATTORNEY ADVERTISEMENT: Not available in all states, Andrew Van Arsdale, supervising attorney is licensed only in California, Montana and Nevada, but associates with attorneys throughout the country, Principal office: 3667 Voltaire Street, San Diego, California 92106. 

Consult a doctor on all medical decisions. Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. No representation is made that the quality of the legal services performed is greater than the quality of the legal services performed by other lawyers. AVA Law Group, Inc. not accepting cases in states where this advertising conflicts with laws or state rules. Legal representation is not offered or available in Tennessee. While AVA Law Group, Inc. maintains joint responsibility, most cases are referred to other attorneys for principal responsibility.
© Copyright 2020 
Privacy PolicyTerms of Use
twitter-squarefacebook-squarephoneyoutube-playinstagramenvelopephone-handsetmap-marker
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram