Once the bankruptcy protection was denied, the judge hearing the case pushed 3M to participate in settlement talks, which began in September 2022. However, 3M appealed the bankruptcy decision.
At 3M, we use science to improve lives and help solve the world’s toughest challenges. We remain focused on executing our plans, and continuing to deliver exceptional value for our customers and premium returns for our shareholders.
Product liability holds the manufacturer of a product responsible for the unexpected damage it causes others when it is used as directed by the manufacturer.
Equitable estoppel. This doctrine keeps a defendant from using the statute of limitations to bar a plaintiff’s claim when the defendant has wrongfully contributed to the inability to file a timely lawsuit.
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The fact that punitive damage awards have been very large in several of the winning cases suggests that juries believe 3M at the very least demonstrated indifference to the risk posed to service members who relied on the defective earplugs for hearing protection.
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Punitive damages have also been awarded in several of the successful test cases. Awards have been as high as $22 million. Each case is different and it is important to get personal legal advice for your situation.
Plaintiffs may be able to argue that they were not aware until relatively recently that the 3M earplugs were defective and might be the reason for their hearing problems.
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Defective manufacturing. Plaintiffs charge the CAEv2 design as defective, not an error during the production of the earplug.