On December 17, a jury ruled in favor of 3M in the tenth bellwether trial in the Combat Arms Earplugs Version 2 (CAEv2) litigation. 3M has now won five of the 10 bellwether trials that have been litigated. In addition, in the third trial, which ended on June 18, 3M won on four of the five claims asserted by the plaintiff, including that the product was not defectively designed.
While 3M continues to vigorously defend itself in every case in this litigation, plaintiffs have voluntarily dismissed roughly 30 percent of bellwether cases rather than take them to a jury. We cannot speculate how many additional cases plaintiffs’ lawyers will dismiss before they reach trial. 3M’s defense is rooted in the fact that the CAEv2 product was effective and safe to use. These matters are complex, and each case varies based on the specific circumstances of each plaintiff – as evidenced by the mixed record in cases that have been tried.
We understand that in the face of these lawsuits and the associated media coverage some people may have questions about 3M’s longstanding record of providing high-quality products for use by the military. People should know: