Updates

What happened?

On Friday, June 18, the jury reached a verdict in the third bellwether trial regarding the company’s Combat Arms Earplugs Version 2 (CAEv2) product. The jury found that the plaintiff did not prove four of his five claims and agreed with 3M that the product was not defective. The jury also split liability for its $1.7 million damage award, making 3M responsible for only 62% of the total (or $1.054 million).

Friday’s outcome, as well as our win in the second bellwether trial, affirms our confidence in our case, and we will continue to defend ourselves in this litigation.

What does this outcome mean for the litigation?

The litigation is not over, and this verdict is just one of several initial steps, with many more cases to be tried before different juries. Each case must be proven on its own facts, and each plaintiff must prove that he or she is in fact injured, that those claimed injuries were actually caused by the CAEv2 product, and that the CAEv2 product was defective.

 What’s next?

We are exploring our appellate options with respect to the first bellwether trial, as well as those parts of Friday’s verdict that supported the damages award. Two more bellwether trials have now been scheduled by the court for September 20 and October 18.

Here are some essential facts to keep in mind as you follow this litigation in the news:

• 3M has supplied Combat Arms Earplugs to the U.S. military for more than a decade and continues to do so.
• 3M has great respect for the brave men and women who protect us around the world, and their safety is our priority. We have a long history of partnering with the U.S. military, and we continue to make products to help protect our troops and support their missions.
• Hearing loss has unfortunately always been a potential side effect for individuals serving in the military. The CAEv2 product was designed to mitigate against those risks and worked as intended.
• The CAEv2 represented a significant innovation in hearing protection. They were the first earplugs to offer protection from high-level impulse noises – like gunfire – while still allowing the user to hear lower-level sounds – like speech – with limited interruption.
• The product’s design reflected features requested and accepted by individuals acting on the U.S. military’s behalf. Testing by the military, 3M and Aearo, as well as independent labs and other organizations, confirmed that the CAEv2 product decreased noise as intended at every frequency. For years, the CAEv2 product was repeatedly tested by groups within the U.S. military and found to have met its expectations.
• 3M shared information with the U.S. military about the importance of proper fitting for the CAEv2 product, and the military requested that it be responsible for providing fitting instructions to service members. When used according to those fitting instructions, the CAEv2 helped to provide hearing protection to service members in combat environments.