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Dec. 13, 2021<\/strong><\/p>\n <\/p>\n A federal jury in Florida has awarded the highest amount to date against\u00a03M Co.\u00a0among bellwether trials over allegedly ineffective combat earplugs, concluding the company owes an Army veteran $22.5 million for his hearing loss and tinnitus.<\/p>\n <\/p>\n Theodore Finley\u2019s award consists of $7.5 million in compensatory damages and $15 million in punitive damages, according to his counsel.<\/p>\n <\/p>\n Finley\u2019s trial was the eighth in the massive consolidated litigation against 3M and its Aearo Technologies LLC subsidiary over Aearo Combat Arms version 2 earplugs.<\/p>\n <\/p>\n \u201cJuries continue to find that 3M\u2019s earplugs were defective and that they are responsible for causing irreparable hearing damage to those who served our country,\u201d said a statement from the servicemembers\u2019 counsel, Aylstock Witkin Kreis & Overholtz PLLC; Clark, Love & Hutson GP; and Seeger Weiss LLP.<\/p>\n <\/p>\n \u201cThis is also the second jury in a row that found beyond a reasonable doubt that 3M\u2019s conduct was reprehensible and deserving of severe punishment,\u201d they said in an emailed statement Dec. 10, immediately after the verdict.<\/p>\n <\/p>\n 3M said in a statement emailed Monday that while it is disappointed in the verdict, \u201cwe are only halfway through the bellwether process.\u201d<\/p>\n <\/p>\n \u201cJuries differ, each case must be proved on its individual facts, and our successes thus far illustrate the heavy burden plaintiffs must meet in proving the elements of their claims,\u201d the company said. \u201cWe remain confident that the CAEv2 product was safe and effective to use and will continue to defend ourselves throughout this litigation.\u201d<\/p>\n <\/p>\n Six individual trials and a consolidated trial of three veterans\u2019 claims preceded Finley\u2019s. They resulted in plaintiffs\u2019 verdicts for six service members totaling about $30 million, while 3M\u2019s defense succeeded in three of the trials.<\/p>\n <\/p>\n Chief Judge Mark E. Walker of the U.S. District Court for the Northern District of Florida oversaw Finley\u2019s trial.<\/p>\n <\/p>\n Monsour Law Firm, Gibbs Law Group, and the Thomas J. Henry firm also represented Finley.<\/p>\n <\/p>\n Kirkland & Ellis LLP; Moore, Hill & Westmoreland PA; and Dechert LLP represented the defendants.<\/p>\n <\/p>\n The case is Finley v. 3M Co., N.D. Fla., No. 7:20-cv-00170, verdict 12\/10\/21.(Corrects name of presiding judge and adds plaintiff’s counsel’s firm in paragraphs nine and 10 of Dec. 13 story.)<\/p>\n <\/p>\n To contact the reporter on this story:\u00a0Martina Barash\u00a0in Washington at\u00a0mbarash@bloomberglaw.com<\/a><\/p>\n <\/p>\n To contact the editors responsible for this story:\u00a0Rob Tricchinelli\u00a0at\u00a0rtricchinelli@bloomberglaw.com<\/a>;\u00a0Patrick L. Gregory\u00a0at\u00a0pgregory@bloomberglaw.com<\/a><\/p>\n <\/p>\n