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(Reuters) – A jury in Tallahassee, Florida federal court on Monday awarded $13 million to a U.S. Army sergeant who said he suffered hearing damage as a result of using military-issue earplugs made by 3M Co. <\/p>\n
The verdict for Guillermo Camarillorazo, including about $800,000 in compensatory damages and $12.25 million in punitive damages, came in the seventh bellwether trial in a massive multidistrict litigation over the Combat Arms Earplugs version 2 (CAEv2), and was the largest recovery yet for a single plaintiff. <\/p>\n
It came on the heels of a verdict in favor of 3M on Friday in the previous bellwether trial in which a jury in Pensacola rejected similar claims by Army veteran Joseph Palanki. Plaintiffs have now prevailed in four trials, and 3M in three. <\/p>\n
3M called Monday’s loss “disappointing” and said it would appeal. The company called Friday’s verdict an “important demonstration that jurors agree 3M’s CAEv2 product was safe and effective to use.” <\/p>\n
Lawyers representing plaintiffs in the MDL said in a joint statement that Camarillorazo “successfully held 3M accountable for putting profits over the safety of those who served our nation.” In a separate statement on Friday’s verdict, they said they had “deep respect and admiration” for Palanki and expressed confidence about future trials. <\/p>\n
Minnesota-based 3M is facing more than 270,000 claims over the earplugs, which were standard issue for many U.S. military service members between 2003 and 2015. <\/p>\n
Plaintiffs allege that they suffered hearing loss and damage, including tinnitus, a persistent ringing in the ears, because their earplugs were defective and did not protect them from dangerous noise. 3M has denied the claims. <\/p>\n
The vast majority of the cases are consolidated before U.S. District Judge M. Casey Rodgers in the Northern District of Florida, in the largest multidistrict litigation in history. <\/p>\n
Rodgers presided over the first five bellwether trials in Pensacola, in which juries awarded a total of more than $15 million to five plaintiffs. <\/p>\n
Palanki’s and Camarillorazo’s trials were held before Northern District of Florida Chief Judge Mark Walker in Tallahassee and Northern District of Alabama Judge Liles Burke in Pensacola, respectively.<\/p>\n
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Nine more bellwether trials are scheduled through the end of May.<\/p>\n
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The MDL is In re 3M Combat Arms Earplug Products Liability Litigation, U.S. District Court, Northern District of Florida, No. 19-md-2885.<\/p>\n
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The bellwethers are Palanki v. 3M Co, No. 19-cv-02324, and Camarillorazo v. 3M Co, No. 20-cv-00098, in the Northern District of Florida.<\/p>\n
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For Palanki: Shelley Hutson of Clark, Love & Hutson; and Brian Barr and Michael Papantonio of Levin Papantonio Rafferty <\/p>\n
For Camarillorazo: Jennifer Hoekstra of Aylstock, Witkin, Kreis & Overholtz; Thomas Pirtle of Laminack, Pirtle & Martines; and Paul Pennock of Morgan & Morgan <\/p>\n
For 3M: Barry Fields, Mike Brock and others at Kirkland & Ellis <\/p>\n
Source: Reuters<\/p>\n