Our Work: 3M Earplug Litigation
From 1999 to 2015, 3M marketed and sold its Combat Arms Earplug, Version 2 (CAEv2) to the US military, promising to protect soldiers' hearing in combat. However, internal tests revealed that the earplugs were dangerously defective, failing to provide adequate protection and causing service members to suffer serious hearing damage, including hearing loss and tinnitus. Despite knowing these risks, 3M did not warn the military or the public. The resulting lawsuits were consolidated into the largest mass tort multidistrict litigation in American history, with over 250,000 current and former servicemembers seeking justice.
Co-lead counsel in the 3M Combat Arms Earplug Products Liability Litigation sought out RebuttalPR’s expertise to spearhead public relations on the case, entrusting us with the responsibility for managing all media related to the litigation. Early on, our team notched significant wins, including articles in Bloomberg and Stars & Stripes reporting on unsealed depositions showing 3M executives never warned the military that its earplugs could imperceptibly loosen, and stories in the American Prospect and Star Tribune detailing 3M’s alleged misconduct. A critical early milestone was when plaintiffs successfully argued 3M should not be allowed to use the government contractor defense to stave off litigation, a development that received widespread coverage from publications, including Reuters and Law.com.
As the case progressed, RebuttalPR successfully attracted media and investment analyst attention to the steady drumbeat of favorable bellwether trial verdicts. We kept reporters informed of every significant development, ensuring that statements from co-lead counsel were featured in major publications, including Reuters, Bloomberg, The New York Times, The Wall Street Journal, and Law360. Our messaging consistently lauded the bravery of veterans taking a stand against 3M and emphasized the company knew its earplugs were defective yet allowed service members to endure life-altering injuries. Notably, during the bellwether process, NBC News published a groundbreaking story highlighting “one of the biggest multidistrict litigations in U.S. history,” featuring an interview with an injured veteran. With support from our efforts, veterans prevailed in the majority of cases to go before a jury, securing nearly $300 million in initial verdicts. After the conclusion of the bellwether trial process, The Wall Street Journal reported on 3M’s massive liability and how the litigation stemmed from the company’s decision to file a lawsuit against a competitor.
As the litigation intensified, 3M shifted its strategy towards a controversial legal maneuver – having its subsidiary file for bankruptcy. Showcasing RebuttalPR’s expertise in crisis communications, our firm led the response against 3M’s efforts to force the veterans’ claims into bankruptcy court, liaising with plaintiffs, veterans’ organizations, and legal scholars to drive national and regional news coverage that focused on the detrimental impact this would have and why 3M should not escape accountability. When the bankruptcy was first filed, we outlined a forceful response from the lead attorneys, including a statement covered in Bloomberg and the Financial Times. Notably, important voices such as commanders of the Military Order of the Purple Heart, Minnesota VFW, and Indiana VFW were briefed about the case, and ultimately opposed the bankruptcy. When the bankruptcy court refused to extend the automatic stay to 3M and pause the litigation, our response lauding the “complete rejection of 3M's attempt to evade accountability and hide in bankruptcy” was covered by major outlets including The Wall Street Journal and Reuters, along with a CNBC special focused on the impact of 3M’s earplugs on servicemembers and the significant liability facing the company.
After the bankruptcy court determined that 3M could not halt the MDL litigation, our team focused on holding 3M’s feet to the fire to encourage a successful result for the veterans seeking justice against the company. After more than four years of litigation, lead counsel reached a more than $6 billion settlement with 3M, which received widespread positive coverage from publications including The New York Times, The Washington Post, CNN, and NPR.