3M combat earplug lawsuits to proceed, judge rules, despite bankruptcy case

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Companies that file for bankruptcy typically receive an immediate reprieve from lawsuits, and 3M subsidiary Aearo Technologies LLC argued that extending those protections to 3M would buy Aearo time to address its debts and restructuring goals.

Aearo and 3M had argued that bankruptcy offered a faster and fairer way to compensate veterans who say that earplugs made by Aearo caused hearing loss.

But bankruptcy Judge Jeffrey J. Graham in Indianapolis said that Aearo’s bankruptcy restructuring could proceed in parallel with the lawsuits.

While the “sheer size” of the consolidated litigation may have spurred 3M and Aearo to seek “additional leverage” through the bankruptcy proceedings, that did not create a legal need to protect 3M, Graham ruled.

Attorneys representing the veterans with hearing loss said they looked forward to continuing their lawsuits against 3M in other courts.

“Judge Graham’s decision is a complete rejection of 3M’s attempt to evade accountability and hide in bankruptcy after multiple juries found it liable for knowingly causing hearing damage to those who served our nation,” plaintiff attorneys Bryan Aylstock and Christopher Seeger said in a statement.

A spokesman for 3M said it intended to appeal. 3M has set aside $1 billion to settle the earplug litigation.

“Continuing to litigate these cases one-by-one over the coming years will not provide certainty or fairness for any party,” 3M spokesman Sean Lynch said.

3M subsidiary Aearo Technologies LLC filed for bankruptcy protection in Indiana on July 26, seeking to resolve lawsuits alleging that 3M’s Combat Arms Earplugs Version 2 (CAEv2) caused hearing loss.

The lawsuits have been consolidated in federal court in Florida and have grown into the largest mass tort litigation in U.S. history. Aearo placed $1 billion in a trust to settle them and agreed to indemnify 3M for all liability related to CAEv2.

3M has denied liability, saying its earplugs offered protection to soldiers while allowing them to hear on the battlefield.