3M Update - Q1 2025
3M Update - Q4 2024
3M Update - Q3 2024
3M Update - Q2 2024
Below is a chart that shows when payments can be expected
3M UPDATE - Q1 2024
Additional information about the 3M Extraordinary Injury Fund
3M UPDATE - 10/26/23
URGENT 3M UPDATE - 09/18/23
Dear Client,
We are writing to advise you that BCA included your claim on our Eligible Client List as part of the CMO 60 Identification process. This is the first step in qualifying you for the recently announced settlement for all claims in the 3M Combat Earplugs v.2 litigation. This does not mean that you will qualify for the settlement or even that the settlement is certain for several reasons. The settlement is contingent on 98% of claims accepting the terms of the settlement and payments are expected over the next five years in cash, 3M stock, and insurance proceeds based on various criteria outlined in the settlement documents.
What is the Eligible Client List?
It is the list of clients that we provided to the Court appointed administrators of client we believe will be eligible for the settlement and who returned at least some of the required documentation. Importantly, inclusion on the Eligible Client List does not mean that we have all of the documents or information to avoid having your claim dismissed. Our staff is reaching out to clients who are still missing items, individually via phone, email, and text to cure these deficiencies. For claimants who had an active case, the deadline to file all of the required documents was technically on Sept 12, 2023. We are still working to cure any issues and hopefully avoid dismissal of those cases. For claimants who need to be refiled because they were previously dismissed without prejudice, we have until the end of this week to file the cases and a few days after that to upload the required documents. If we contact you for additional information, we strongly encourage you to get the documents back to us as soon as possible. Failure to do so may result in the dismissal of your claim.
What documents are required?
All claimants require a DD214 and a census (which is a three page fact sheet outlining your history and hearing issues). Some claimants also require 30+ page fact sheet that has much more detailed information about your claim. The DD214 is not required for people currently on active duty or military contractors. The dates on the DD214 must include the time frame the military used the Combater Earplugs v.2 (2004-2015). Many of our clients have multiple DD214’s because their service and time on active duty was done in various years. Please make sure the DD214 you provide us cover the appropriate time frame. Additionally, the Blue Button Report from the VA website can be substituted for the DD214. If you already have a log in with the VA, this report literally takes minutes to get. If you do not have a log in, it takes a little longer to register. Additionally, if you have any medical documents showing hearing loss and/or tinnitus, please provide them to us.
What if I wish to withdraw my claim?
We have had some clients who wish to withdraw from this process. However, you did sign an agreement with our law firm which obligates us to pursue your claim contractually and under the Rules of Professional Conduct lawyers must follow. If you wish to withdraw and have our office stop contacting you, please send your request in writing. Make sure it clearly indicates you wish to withdraw and that you understand you will not be eligible for the settlement and you will not able to pursue the claim at a later date.
What if I signed up with more than one law firm?
Another issue is clients who signed up with us as well as one or more other law firms. As we register the claims with the central database these cases regularly show up on what the Court calls the overlapping representation report. We have been working with the other law firms to resolve who will be working up the claim. The CMO Identification Order process is sure to bring more of these claims to light. We may contact you to confirm which firm is taking lead on your claim.
Why is it important to update my contact information?
The settlement is going to be administered by a company called Archer. Archer will be emailing and calling your directly to sign the Registration form and the Release. We have provided your most current contact information as part of the Client Eligibility list. It is important that you update us with any changes to your contact information, so we can pass them along to the appropriate parties. Failure to do so may result in delays or even dismissal of your claim.
What if I am making a claim for a deceased love one?
If you received this email or text on behalf of a relative who has passed away. It is important that you contact us and provide your contact information as well as the names of any other potential heirs. Archer will be contacting you directly. They are putting in a process to ensure that this claims still move forward, even if a formal probate was not taken out on the estate.
What are the claims worth?
We still do not have any details about the value of claims. We do know that claimants will be evaluated based on their individual circumstances. To review for hearing loss the administrator will need at least two different audiograms, ideally one from near the time you started using the earplugs and one from the time you stopped using the earplugs. The level of hearing loss will play a role in the review, as well as whether or not the hearing loss is in one ear or both ears. Tinnitus will be evaluated separately.
We anticipate having additional information about the settlement in the coming weeks, so please monitor your email for future communications.
We are writing to advise you that BCA included your claim on our Eligible Client List as part of the CMO 60 Identification process. This is the first step in qualifying you for the recently announced settlement for all claims in the 3M Combat Earplugs v.2 litigation. This does not mean that you will qualify for the settlement or even that the settlement is certain for several reasons. The settlement is contingent on 98% of claims accepting the terms of the settlement and payments are expected over the next five years in cash, 3M stock, and insurance proceeds based on various criteria outlined in the settlement documents.
What is the Eligible Client List?
It is the list of clients that we provided to the Court appointed administrators of client we believe will be eligible for the settlement and who returned at least some of the required documentation. Importantly, inclusion on the Eligible Client List does not mean that we have all of the documents or information to avoid having your claim dismissed. Our staff is reaching out to clients who are still missing items, individually via phone, email, and text to cure these deficiencies. For claimants who had an active case, the deadline to file all of the required documents was technically on Sept 12, 2023. We are still working to cure any issues and hopefully avoid dismissal of those cases. For claimants who need to be refiled because they were previously dismissed without prejudice, we have until the end of this week to file the cases and a few days after that to upload the required documents. If we contact you for additional information, we strongly encourage you to get the documents back to us as soon as possible. Failure to do so may result in the dismissal of your claim.
What documents are required?
All claimants require a DD214 and a census (which is a three page fact sheet outlining your history and hearing issues). Some claimants also require 30+ page fact sheet that has much more detailed information about your claim. The DD214 is not required for people currently on active duty or military contractors. The dates on the DD214 must include the time frame the military used the Combater Earplugs v.2 (2004-2015). Many of our clients have multiple DD214’s because their service and time on active duty was done in various years. Please make sure the DD214 you provide us cover the appropriate time frame. Additionally, the Blue Button Report from the VA website can be substituted for the DD214. If you already have a log in with the VA, this report literally takes minutes to get. If you do not have a log in, it takes a little longer to register. Additionally, if you have any medical documents showing hearing loss and/or tinnitus, please provide them to us.
What if I wish to withdraw my claim?
We have had some clients who wish to withdraw from this process. However, you did sign an agreement with our law firm which obligates us to pursue your claim contractually and under the Rules of Professional Conduct lawyers must follow. If you wish to withdraw and have our office stop contacting you, please send your request in writing. Make sure it clearly indicates you wish to withdraw and that you understand you will not be eligible for the settlement and you will not able to pursue the claim at a later date.
What if I signed up with more than one law firm?
Another issue is clients who signed up with us as well as one or more other law firms. As we register the claims with the central database these cases regularly show up on what the Court calls the overlapping representation report. We have been working with the other law firms to resolve who will be working up the claim. The CMO Identification Order process is sure to bring more of these claims to light. We may contact you to confirm which firm is taking lead on your claim.
Why is it important to update my contact information?
The settlement is going to be administered by a company called Archer. Archer will be emailing and calling your directly to sign the Registration form and the Release. We have provided your most current contact information as part of the Client Eligibility list. It is important that you update us with any changes to your contact information, so we can pass them along to the appropriate parties. Failure to do so may result in delays or even dismissal of your claim.
What if I am making a claim for a deceased love one?
If you received this email or text on behalf of a relative who has passed away. It is important that you contact us and provide your contact information as well as the names of any other potential heirs. Archer will be contacting you directly. They are putting in a process to ensure that this claims still move forward, even if a formal probate was not taken out on the estate.
What are the claims worth?
We still do not have any details about the value of claims. We do know that claimants will be evaluated based on their individual circumstances. To review for hearing loss the administrator will need at least two different audiograms, ideally one from near the time you started using the earplugs and one from the time you stopped using the earplugs. The level of hearing loss will play a role in the review, as well as whether or not the hearing loss is in one ear or both ears. Tinnitus will be evaluated separately.
We anticipate having additional information about the settlement in the coming weeks, so please monitor your email for future communications.
URGENT 3M UPDATE - 09/06/23
As we advised earlier this week, 3M announced a settlement plan for the Combat Earplugs Version 2 litigation. This settlement is intended to resolve any pending cases as well as cases that have not been filed or were previously dismissed (if they were dismissed without prejudice to refiling). For cases that have not previously been dismissed, we are confirming internally that we have all of the required documentation and reaching out to clients who have are still missing documents.
There is another group of cases who were previously filed but, despite repeated requests, we did not receive DD214 within the court’s deadlines, resulting in a dismissal without prejudice. Without prejudice means that it can still be refiled. The Court dismissed tens of thousands of these over the last two years, including several hundred just last week. These types of cases are still eligible for the settlement.
However, we MUST have a copy of your DD214, a completed census form, and a completed Plaintiff Fact Sheet. IF WE DO NOT RECEIVE THESE 3 DOCUMENTS BY SEPTEMBER 9, 2023, YOUR CASE WILL NOT BE ELIGIBLE FOR THE SETTLEMENT, OR ANY FUTURE SETTLEMENT AND BCA WILL CEASE TO REPRESENT YOU IN THIS MATTER! These claims will not be included in the list of BCA claimants submitted to the Court that we believe to be eligible. BCA will send notice that we are withdrawing from representation and notify the court as such. The Fact Sheet and census can be found on this webpage down below. These forms are REQUIRED by the court for eligibility for the settlement. They must be fully completed as the Court will not allow deficiencies to be cured at a later date. If you do not have a DD214, the Blue Button Report from the VA website (CLICK HERE) can be used as an approved alternative.
However, if we receive these documents in time, the case will be included in BCA’s list of eligible cases to be submitted to the Court by the Court’ September 12, 2023 deadline. Approximately four months from now the claims process is expected to open, at which time we will need to submit a registration form and sign a release in order to have your claim actually submitted for review under the settlement plan. Again, this only happens if we receive the necessary documentation by September 9, 2023.
The settlement is comprised of three different agreements. The first portion is to settle the cases that actually took several multi-million dollar verdicts against 3m, and does not apply to any BCA clients. The second portion is for the Wave cases, which are cases that were being worked up for trial (to various degrees), but did not actually get to trial. BCA has about a dozen of these clients who were all told that they were part of the wave process either personally are as part of a group call. Finally, the vast majority of our clients fall under the main settlement agreement. This agreement calls for payments totaling $5.65 billion to be paid to the remaining claimants, including veterans, active duty servicemen, and civilian contractors. The payments will be made by various manners, including cash, stock, and insurance payments over a period of five years. Claimants will be able to opt for an expedited review which will likely start funding next year, or a lengthier full review.
The settlement is subject to a number of conditions, including acceptance by 98% of the Plaintiffs opting into the settlement. The details of the settlement are still being distributed. Please keep a lookout for additional details in the coming days and weeks.
There is another group of cases who were previously filed but, despite repeated requests, we did not receive DD214 within the court’s deadlines, resulting in a dismissal without prejudice. Without prejudice means that it can still be refiled. The Court dismissed tens of thousands of these over the last two years, including several hundred just last week. These types of cases are still eligible for the settlement.
However, we MUST have a copy of your DD214, a completed census form, and a completed Plaintiff Fact Sheet. IF WE DO NOT RECEIVE THESE 3 DOCUMENTS BY SEPTEMBER 9, 2023, YOUR CASE WILL NOT BE ELIGIBLE FOR THE SETTLEMENT, OR ANY FUTURE SETTLEMENT AND BCA WILL CEASE TO REPRESENT YOU IN THIS MATTER! These claims will not be included in the list of BCA claimants submitted to the Court that we believe to be eligible. BCA will send notice that we are withdrawing from representation and notify the court as such. The Fact Sheet and census can be found on this webpage down below. These forms are REQUIRED by the court for eligibility for the settlement. They must be fully completed as the Court will not allow deficiencies to be cured at a later date. If you do not have a DD214, the Blue Button Report from the VA website (CLICK HERE) can be used as an approved alternative.
However, if we receive these documents in time, the case will be included in BCA’s list of eligible cases to be submitted to the Court by the Court’ September 12, 2023 deadline. Approximately four months from now the claims process is expected to open, at which time we will need to submit a registration form and sign a release in order to have your claim actually submitted for review under the settlement plan. Again, this only happens if we receive the necessary documentation by September 9, 2023.
The settlement is comprised of three different agreements. The first portion is to settle the cases that actually took several multi-million dollar verdicts against 3m, and does not apply to any BCA clients. The second portion is for the Wave cases, which are cases that were being worked up for trial (to various degrees), but did not actually get to trial. BCA has about a dozen of these clients who were all told that they were part of the wave process either personally are as part of a group call. Finally, the vast majority of our clients fall under the main settlement agreement. This agreement calls for payments totaling $5.65 billion to be paid to the remaining claimants, including veterans, active duty servicemen, and civilian contractors. The payments will be made by various manners, including cash, stock, and insurance payments over a period of five years. Claimants will be able to opt for an expedited review which will likely start funding next year, or a lengthier full review.
The settlement is subject to a number of conditions, including acceptance by 98% of the Plaintiffs opting into the settlement. The details of the settlement are still being distributed. Please keep a lookout for additional details in the coming days and weeks.
To fill out the forms online, use the links below:
An online version of the Census is available here - CLICK HERE
An online version of the Fact Sheet is available here - CLICK HERE
An online version of the Fact Sheet is available here - CLICK HERE
Or download the documents below, fill them out, and send them back to BCA.
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Once you have completed these documents you can:
Email them to [email protected]
Fax them to (409) 835-1912
OVERNIGHT mail them to:
Brent Coon & Associates
215 Orleans
Beaumont, TX 77701
(anything sent through the post MUST BE SENT OVERNIGHT)
Email them to [email protected]
Fax them to (409) 835-1912
OVERNIGHT mail them to:
Brent Coon & Associates
215 Orleans
Beaumont, TX 77701
(anything sent through the post MUST BE SENT OVERNIGHT)
Q2 2023 Update
Q4 2022 Update
Over the past year the MDL Court, with the aid of other Federal Judges in Northern Florida and Southern Alabama has tried 16 bellwether cases for 19 plaintiffs. Six of the cases were defense verdicts, but the other ten cases resulted in awards totaling more than $300 million. This includes the last award in late May which was the largest individual award of $77 million.
The Court has set out an additional 1,500 cases to get ready for trial sometime in 2023. These trials would take place in Courts all over the country. Discovery and depositions are ongoing and due to be completed in the next few months.
3M has appealed all of the verdicts and continues to actively litigate cases. The Court has recently dismissed a significant number of cases for failure to comply with Court orders to provide a complete census and to provide a DD214. BCA appealed this dismissal, but it is incumbent on all of our clients to provide these documents. Our office will be reaching out to clients who have not provided these documents in the very near future.
The Court has set out an additional 1,500 cases to get ready for trial sometime in 2023. These trials would take place in Courts all over the country. Discovery and depositions are ongoing and due to be completed in the next few months.
3M has appealed all of the verdicts and continues to actively litigate cases. The Court has recently dismissed a significant number of cases for failure to comply with Court orders to provide a complete census and to provide a DD214. BCA appealed this dismissal, but it is incumbent on all of our clients to provide these documents. Our office will be reaching out to clients who have not provided these documents in the very near future.
3M Hearing Loss - Q3 2022 Update
Over the past year the MDL Court, with the aid of other Federal Judges in Northern Florida and Southern Alabama has tried 16 bellwether cases for 19 plaintiffs. Six of the cases were defense verdicts, but the other ten cases resulted in awards totaling more than $300 million. This includes the last award in late May which was the largest individual award of $77 million.
The Court has set out an additional 1,500 cases to get ready for trial sometime in 2023. These trials would take place in Courts all over the country. Discovery and depositions are ongoing and due to be completed in the next few months.
3M has appealed all of the verdicts and continues to actively litigate cases. The Court has recently dismissed a significant number of cases for failure to comply with Court orders to provide a complete census and to provide a DD214. BCA appealed this dismissal, but it is incumbent on all of our clients to provide these documents. Our office will be reaching out to clients who have not provided these documents in the very near future.
The Court has set out an additional 1,500 cases to get ready for trial sometime in 2023. These trials would take place in Courts all over the country. Discovery and depositions are ongoing and due to be completed in the next few months.
3M has appealed all of the verdicts and continues to actively litigate cases. The Court has recently dismissed a significant number of cases for failure to comply with Court orders to provide a complete census and to provide a DD214. BCA appealed this dismissal, but it is incumbent on all of our clients to provide these documents. Our office will be reaching out to clients who have not provided these documents in the very near future.
Update 05/26/22
If you are here because you received an email from attorney Eric Newell, we need documents from you in order to keep you claim against 3M from being dismissed.
The court has required that we either have a copy of your DD214 form if you are a veteran or a statement from you if you either worked for the military as a civilian or are currently enlisted in the military. Without these documents, your cases will be dismissed by the court and we will be unable to get any compensation for you. And the court must have this as soon as possible.
If you are a veteran and do not have your DD214, here are instructions on how to get a substitute "Blue Button Report" online.
You will need to visit www.myhealth.va.gov and register.
The court has required that we either have a copy of your DD214 form if you are a veteran or a statement from you if you either worked for the military as a civilian or are currently enlisted in the military. Without these documents, your cases will be dismissed by the court and we will be unable to get any compensation for you. And the court must have this as soon as possible.
If you are a veteran and do not have your DD214, here are instructions on how to get a substitute "Blue Button Report" online.
You will need to visit www.myhealth.va.gov and register.
Once you have registered, you will be able to get your Blue Button Report by following the instructions in the video below:
Once you have your Blue Button Report, email it to [email protected]
Or you can fax a copy of your documents to 409-835-1912
If you are a civilian or still on active duty, then obviously you do not have a copy of a DD214, nor can you get the Blue Button Report. Instead we need to submit a form stating that your are on active duty/were a military contractor. Our office can provide you with the form. Please email Marla Mitchell at [email protected] for more information.
Again, we can not stress how important this is. Without these documents, we will not be able to continue pursuing your claim and you will not be able to get any recovery.
If you have any questions, please contact us immediately, either via the form below or call us directly at 409-222-2222
Update 04/06/22
Q1 2022 Udate
BREAKING NEWS—On January 27, 2022, 3M was hit with largest yet, $110 million for two soldiers. This follows on the heels of another $22 million verdict against 3M last December and a defense verdict in a different case. So far, the Plaintiffs have won eight cases and lost three. Five additional cases are set between now and May 2022.
This first bellwether trial involved the hearing losses of 3 soldiers. Closing arguments were delivered on the date scheduled by Judge Casey, Thursday, April 29, 2021, and the jury came back the very next day with a speedy verdict in favor of all three plaintiffs, on all counts and without a single finding for 3M on any of its defenses. The jury also did not find that any of these 3 soldiers did anything wrong that contributed to their hearing loss. Further, the jury did not find the United States government at fault or complicit in 3M’s defective hearing protection. The jury awarded just over $7M total for all three soldiers, $830,500 each in compensatory damages and $2.1 Million each in punitive damages.
The second bellwether trial was a defense verdict. The case was a tinnitus claim (ringing in the ears). The Plaintiff was injured in and IED explosion in Afghanistan. There was a question as to whether or not his tinnitus was caused by the sound of the explosion or striking his head on cab of the vehicle he was riding in. Unfortunately, it appears that the jury sided with 3M’s arguments.
The third bellwether trial was also a Plaintiff verdict in the amount of $1.7 million. However, the jury found that 3M was 62% at fault for the injuries and that the Plaintiff was 32% at fault for his injuries. Apparently, the Plaintiff testified that he had removed the earplug to talk to a civilian just before a nearby explosion. This means that the verdict will be reduced by 32%.
The fourth bellwether trial resulted in a verdict for the plaintiff in excess of $8 million. However, the fifth and sixth trials were defense verdicts. The seventh trial was a $13 million verdict.
The Court has set out an additional 500 cases to get ready for trial. Discovery and depositions are ongoing and due to be completed in the next few months. The verdicts and additional legal fees that 3M is incurring preparing 500 cases for trial make it clear that 3M needs to find an exit strategy sooner rather than later.
This first bellwether trial involved the hearing losses of 3 soldiers. Closing arguments were delivered on the date scheduled by Judge Casey, Thursday, April 29, 2021, and the jury came back the very next day with a speedy verdict in favor of all three plaintiffs, on all counts and without a single finding for 3M on any of its defenses. The jury also did not find that any of these 3 soldiers did anything wrong that contributed to their hearing loss. Further, the jury did not find the United States government at fault or complicit in 3M’s defective hearing protection. The jury awarded just over $7M total for all three soldiers, $830,500 each in compensatory damages and $2.1 Million each in punitive damages.
The second bellwether trial was a defense verdict. The case was a tinnitus claim (ringing in the ears). The Plaintiff was injured in and IED explosion in Afghanistan. There was a question as to whether or not his tinnitus was caused by the sound of the explosion or striking his head on cab of the vehicle he was riding in. Unfortunately, it appears that the jury sided with 3M’s arguments.
The third bellwether trial was also a Plaintiff verdict in the amount of $1.7 million. However, the jury found that 3M was 62% at fault for the injuries and that the Plaintiff was 32% at fault for his injuries. Apparently, the Plaintiff testified that he had removed the earplug to talk to a civilian just before a nearby explosion. This means that the verdict will be reduced by 32%.
The fourth bellwether trial resulted in a verdict for the plaintiff in excess of $8 million. However, the fifth and sixth trials were defense verdicts. The seventh trial was a $13 million verdict.
The Court has set out an additional 500 cases to get ready for trial. Discovery and depositions are ongoing and due to be completed in the next few months. The verdicts and additional legal fees that 3M is incurring preparing 500 cases for trial make it clear that 3M needs to find an exit strategy sooner rather than later.
Q4 2021 Update
All of the cases are currently consolidated into an MDL in Pensacola, FL. Earlier this year Judge Casey conducted three separate bellwether trials, each lasting approximately one month.
This first bellwether trial involved the hearing losses of 3 soldiers. Closing arguments were delivered on the date scheduled by Judge Casey, Thursday, April 29, 2021, and the jury came back the very next day with a speedy verdict in favor of all three plaintiffs, on all counts and without a single finding for 3M on any of its defenses. The jury also did not find that any of these 3 soldiers did anything wrong that contributed to their hearing loss. Further, the jury did not find the United States government at fault or complicit in 3M’s defective hearing protection. The jury awarded just over $7M total for all three soldiers, $830,500 each in compensatory damages and $2.1 Million each in punitive damages.
The second bellwether trial was a defense verdict. The case was a tinnitus claim (ringing in the ears). The Plaintiff was injured in and IED explosion in Afghanistan. There was a question as to whether or not his tinnitus was caused by the sound of the explosion or striking his head on cab of the vehicle he was riding in. Unfortunately, it appears that the jury sided with 3M’s arguments.
The third bellwether trial was also a Plaintiff verdict in the amount of $1.7 million. However, the jury found that 3M was 62% at fault for the injuries and that the Plaintiff was 32% at fault for his injuries. Apparently, the Plaintiff testified that he had removed the earplug to talk to a civilian just before a nearby explosion. This means that the verdict will be reduced by 32%.
The fourth bellwether trial resulted in a verdict for the plaintiff in excess of $8 million. However, the fifth trial was a defense verdict. 3M is also looking to appeal any successful Plaintiff verdict.
An additional dozen trials are set for later this year and early 2022. The Court is also planning to set up a discovery docket to get another 1,300 cases ready for trial in 2022.
It is very important to understand that bellwether trials are only to establish the potential for winning these cases, and to see how juries evaluate these types of claims on liability and damages to help formulate potential settlement models so that trials can be avoided on most of the quarter of a million pending cases.
Finally, if you are contacted about filling out your census form it is very important that you complete these forms completely. They are Court ordered documents and failure to return the forms may result in the dismissal of your case.
This first bellwether trial involved the hearing losses of 3 soldiers. Closing arguments were delivered on the date scheduled by Judge Casey, Thursday, April 29, 2021, and the jury came back the very next day with a speedy verdict in favor of all three plaintiffs, on all counts and without a single finding for 3M on any of its defenses. The jury also did not find that any of these 3 soldiers did anything wrong that contributed to their hearing loss. Further, the jury did not find the United States government at fault or complicit in 3M’s defective hearing protection. The jury awarded just over $7M total for all three soldiers, $830,500 each in compensatory damages and $2.1 Million each in punitive damages.
The second bellwether trial was a defense verdict. The case was a tinnitus claim (ringing in the ears). The Plaintiff was injured in and IED explosion in Afghanistan. There was a question as to whether or not his tinnitus was caused by the sound of the explosion or striking his head on cab of the vehicle he was riding in. Unfortunately, it appears that the jury sided with 3M’s arguments.
The third bellwether trial was also a Plaintiff verdict in the amount of $1.7 million. However, the jury found that 3M was 62% at fault for the injuries and that the Plaintiff was 32% at fault for his injuries. Apparently, the Plaintiff testified that he had removed the earplug to talk to a civilian just before a nearby explosion. This means that the verdict will be reduced by 32%.
The fourth bellwether trial resulted in a verdict for the plaintiff in excess of $8 million. However, the fifth trial was a defense verdict. 3M is also looking to appeal any successful Plaintiff verdict.
An additional dozen trials are set for later this year and early 2022. The Court is also planning to set up a discovery docket to get another 1,300 cases ready for trial in 2022.
It is very important to understand that bellwether trials are only to establish the potential for winning these cases, and to see how juries evaluate these types of claims on liability and damages to help formulate potential settlement models so that trials can be avoided on most of the quarter of a million pending cases.
Finally, if you are contacted about filling out your census form it is very important that you complete these forms completely. They are Court ordered documents and failure to return the forms may result in the dismissal of your case.