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 BCA3MClient@bcoonlaw.com
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 marla@bcoonlaw.com 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.