Plaintiff’s Verdict in Third 3M Bellwether Trial

Jun 22, 2021

June 18, 2021 – The following is a statement from lead plaintiffs’ counsel, Bryan Aylstock of Aylstock Witkin Kreis & Overholtz, PLLC; Shelley Hutson of Clark, Love & Hutson GP; and Christopher Seeger of Seeger Weiss LLP, in In Re: 3M Combat Arms Earplug Products Liability Litigation following the jury’s decision in favor of plaintiff Lloyd Baker in the third bellwether trial. The jury found in favor of Baker on his failure to warn claim in the amount of $1.7 million, with 3M 62 percent liable and Baker 38 percent liable. On April 30, a jury in the first bellwether case reached a $7.1 million verdict for three plaintiffs. The MDL currently includes more than 240,000 servicemembers and others who allege hearing damage as a result of their use of the 3M CAEv2.

“We are humbled by the bravery and courage shown by servicemembers like Lloyd Baker not only for their service to our country, but also for standing up against 3M on behalf of all the veterans who now face preventable hearing loss and tinnitus as a result of the CAEv2 earplugs. Two juries have now determined that 3M knew their earplugs were defective, yet they allowed our servicemembers to suffer these life-altering injuries. We plan to hold 3M fully accountable for the damage they have caused to those who served our nation.”