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3M announces $6B deal to settle claims over earplugs

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3M on Tuesday announced it has reached a $6 billion settlement over thousands of claims related to its Combat Arms earplugs, sold to the U.S. military for hearing protection.

Plaintiffs said the earplugs did not provide the hearing protection 3M claimed when the company sold them to the military from 1999 to 2015. Hundreds of thousands of service members had filed lawsuits, claiming hearing loss and tinnitus after use of the earplugs.

Maplewood-based 3M said Tuesday that the settlement, reached through mediation, “is structured to promote participation by claimants and is intended to resolve all claims associated with the Combat Arms Earplug products.”

“The agreement includes all claims in the multi-district litigation in Florida and in the coordinated state court action in Minnesota, as well as potential future claims. The Florida and Minnesota courts are entering orders to support implementation of the agreement,” the company said in a news release.

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3M also said the settlement “is not an admission of liability. The products at issue in this litigation are safe and effective when used properly. 3M is prepared to continue to defend itself in the litigation if certain agreed terms of the settlement agreement are not fulfilled.”

Bryan Aylstock, an attorney representing service members who had sued 3M, issued a statement to Bloomberg News calling the settlement “a tremendous victory for the thousands of men and women who bravely served our country and returned home with life-altering hearing injuries.”

Forbes reported it is the largest multi-district litigation case in U.S. history.

3M said the global settlement includes $5 billion in cash and $1 billion in 3M stock, to be paid out through 2029. It comes after a judge in Florida ordered top company executives to participate directly in settlement talks.

The Combat Arms earplugs were developed by Aearo Technologies in 1999 “for the U.S. military to offer protection from high-level impulse noises — like gunfire — while allowing the user to hear lower-level sounds — like speech,” 3M reported Tuesday.

3M acquired Aearo in 2008; the subsidiary filed for bankruptcy last year.

3M said it is pursuing its own insurance claim to cover some of the cost of the earplug settlement.

Tuesday’s announcement came just over two months after 3M announced a $10 billion settlement to resolve lawsuits over drinking water contaminated by PFAS — so-called “forever chemicals.”

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