Jul 07 2025 19:00
3M Earplug Litigation: Comprehensive Update for Alabama Veterans
By Elizabeth Citrin
Advocating for the Rights of Alabama’s Veterans: Alabama has a proud military tradition, with numerous active and former U.S. Army installations—Fort Rucker (now Fort Novosel ), Redstone Arsenal, Anniston Army Depot, and the historic Fort McClellan among them. Thousands of service members who trained or served at these bases between 2003 and 2015 may have used the now-infamous 3M Combat Arms Earplugs. These earplugs were supposed to safeguard our troops’ hearing amid gunfire, explosions, and aircraft noise. Instead, a major manufacturing defect in the earplugs betrayed the trust of our brave men and women, leaving many with permanent hearing damage. In this detailed update, we explain what the 3M earplug lawsuit is , why it became the largest mass tort in U.S. history, the latest status of the litigation (including settlement updates), and what Alabama veterans and military members need to know about their rights. We are proud of our brothers and sisters in uniform, and when a corporation’s negligence endangers their health, justice must be served.
The Defective 3M Combat Arms Earplugs (CAEv2)
The product at the center of this litigation is the Dual-Ended Combat Arms Earplugs, Version 2 (CAEv2), originally developed by Aearo Technologies and later sold by 3M. These dual-ended earplugs had a yellow end (meant to filter loud battlefield noise while allowing speech) and an olive green end (meant to block all noise). They were standard issue for U.S. military personnel deployed to Iraq and Afghanistan and used in training from 2003 until 2015 . Unfortunately, the design had a critical flaw: the earplugs were too short for proper insertion and could loosen imperceptibly in the wearer’s ear. This meant that, without the user realizing, loud impulse noise could slip through gaps in the loose earplug. As a result, the very device intended to prevent hearing damage often failed to protect soldiers’ ears.
3M and Aearo knew about this defect. In fact, evidence later showed that the company’s own tests (as early as 2000) indicated the earplugs would not consistently seal the ear canal . Critically, 3M did not disclose these problems to the Department of Defense. In July 2018, the U.S. Department of Justice announced that 3M agreed to pay $9.1 million to resolve allegations that it knowingly sold these defective earplugs to the military without revealing the design flaws. Notably, 3M paid this settlement to the government without admitting liability, but this action validated the seriousness of the claims – 3M’s failure to warn had potentially put thousands of servicemembers at risk.
Which 3M earplugs are defective? It’s important to clarify that the lawsuit involves the Combat Arms Earplugs Version 2 (CAEv2). These were dual-ended, yellow-and-olive earplugs sold to the U.S. military. (They are distinct from other earplugs or hearing protection devices; the CAEv2 model is the one found to be defective.) If you or a loved one were issued dual-ended 3M earplugs during military service in the early 2000s, those are the devices in question.
Hearing Loss and Tinnitus Among Veterans
When earplugs fail in high-noise environments, the consequences can be devastating. Alabama veterans who used 3M’s CAEv2 earplugs during training exercises or deployments may have been exposed to dangerous noise levels from gunfire, aircraft, explosions, and heavy machinery without adequate protection. Repeated or intense exposure to noise above about 140 decibels (about the level of a gunshot or nearby explosion) can cause immediate and permanent hearing damage. Unfortunately, many servicemembers have since been diagnosed with noise-induced hearing injuries.
Common adverse hearing conditions reported in the 3M earplug lawsuits include:
-
Tinnitus – a ringing, buzzing, or hissing in the ears that can be incessant and debilitating. Many veterans describe hearing a high-pitched whine “24/7” that interferes with concentration and sleep.
-
Hearing Loss – partial or total hearing loss in one or both ears. This often manifests as difficulty understanding conversations (especially amid background noise) and inability to hear certain frequencies or soft sounds. In most cases the damage is permanent, requiring hearing aids or cochlear implants for any improvement.
-
Loss of Balance – inner-ear damage from acoustic trauma doesn’t only affect hearing; it can disturb balance and spatial orientation. Some plaintiffs reported frequent dizziness or a “floating” sensation that has affected their daily life.
These symptoms have life-altering impacts. Everyday sounds or conversations that were once clear may now seem muffled or distorted. Tinnitus sufferers endure constant “phantom” noise that can trigger stress and anxiety. Balance issues can impede simple activities like walking in a straight line. It’s worth noting that hearing-related disabilities are extremely common among veterans – in fact, hearing loss and tinnitus are the top service-connected disabilities reported to the VA . The 3M earplug saga is one major reason why so many of our heroes are facing these challenges after service.
Why Veterans Sued 3M: From Alabama Bases to the Battlefield
By 2019, it became clear that the earplug problems were not isolated incidents but a widespread issue affecting servicemembers across all branches. Veterans – including many from right here in Alabama – began filing individual lawsuits against 3M for hearing loss and tinnitus. These cases all made similar allegations: 3M’s negligence in selling a defective product and failure to warn users led to permanent hearing damage.
Considering Alabama’s military footprint, it’s likely that thousands of Alabama-based servicemembers were among the affected. Soldiers training at Fort Novosel (Fort Rucker) – home of Army aviation – might have worn these earplugs on flight lines and firing ranges. Troops at Redstone Arsenal (Huntsville) and Anniston Army Depot (which overhauls military vehicles and weapons) could have used them during weapons testing or training drills. Even though Fort McClellan closed in 1999 (before the CAEv2 was standard issue), Alabama’s National Guard units and reservists have trained extensively in the 2000s at bases like Fort Benning (just across the Georgia line) and others where 3M earplugs were distributed . In short, Alabama’s veterans are deeply woven into this story. Our state’s men and women in uniform trusted 3M’s product to protect their ears – only to later discover the protection was a cruel illusion.
How and when did the 3M earplug lawsuits start? A key turning point was the July 2018 DOJ settlement mentioned above, which was widely reported in military news. Once it became public that 3M had allegedly known about the defect and paid to settle government allegations, many veterans realized their hearing problems might not just be “part of the job” but rather the result of a defective product. By early 2019, hundreds of individual suits were filed. In April 2019, the cases were consolidated into a single massive multidistrict litigation (MDL) in the U.S. District Court for the Northern District of Florida elizabethcitrin.com . This MDL (No. 2885) eventually ballooned into the largest MDL in U.S. history, with over 290,000 – and by some counts nearly 400,000 – claims filed by servicemembers and veterans drugwatch.com . For perspective, this one litigation surpassed even the biggest asbestos and pharmaceutical mass torts ever seen.
The reason so many came forward is that the criteria were straightforward – if you served between 2003 and 2015 and used 3M’s dual-ended earplugs and now have hearing loss or tinnitus, you could have a claim. Word spread quickly through military and veteran networks (bases, VFW halls, social media), and Alabama veterans were no exception.
3M Earplug Lawsuit Timeline and Key Developments
2018 – 2019: After the DOJ’s False Claims Act settlement in 2018, injured veterans began suing 3M. By 2019, the flood of cases was centralized in the Florida MDL under Judge M. Casey Rodgers elizabethcitrin.com . This allowed pretrial evidence gathering to be coordinated for all cases at once. The litigation alleged that 3M and Aearo committed fraud on the military by selling a product they knew was faulty, and sought compensation for veterans’ medical costs, lost earnings, pain and suffering, and more – including punitive damages to punish 3M’s gross negligence.
Bellwether Trials (2021 – 2022): To test the strength of the claims and defenses, the court set up “bellwether” trials – a series of early trials with individual plaintiffs, meant to gauge juries’ reactions and potentially guide settlement talks. The first bellwether trial took place in Pensacola, FL in April 2021 and resulted in a resounding victory for the veterans: a $7.1 million verdict awarded to three U.S. Army veterans who suffered hearing damage. This included over $2 million per plaintiff in punitive damages, signaling the jury’s view that 3M’s conduct was especially culpable. It was a huge win that made national headlines. (Notably, Military.com reported “Jury Awards 3 Army Veterans $7.1M in Damages Over Defective 3M Earplugs,” bringing even more attention to the case.)
More trials followed. Throughout 2021 and 2022, juries heard about 16 bellwether cases – and the results put 3M on its heels. Veterans won the majority of these trials. In fact, 3M lost 10 out of 16 trials , and juries awarded more than $250 million in cumulative damages to the various plaintiffs. These included individual awards like $8.2 million to a single vet (October 2021) , and even a staggering $110 million verdict to two Army veterans in one January 2022 trial – the largest verdict in the litigation. (In that case, each of the two plaintiffs received $55 million, reflecting both compensatory and punitive damages.) Such outcomes demonstrated the seriousness of the harm and 3M’s legal exposure if it continued to fight each case one by one.
3M’s Bankruptcy Maneuver (2022): Facing unrelenting losses and hundreds of thousands of pending claims, 3M attempted a controversial legal tactic in mid-2022. In July 2022, 3M’s subsidiary Aearo Technologies (the original earplug manufacturer) filed for bankruptcy protection. The strategy was to channel all earplug liability into the bankruptcy proceeding and halt the MDL lawsuits – effectively seeking a global settlement under bankruptcy court oversight. However, Judge Rodgers (overseeing the MDL) and a bankruptcy judge both refused to pause the litigation for 3M. The MDL judge even issued sanctions to prevent 3M from using the bankruptcy to dodge responsibility. In short, 3M could not escape the looming trial schedule and mounting verdicts through bankruptcy. This set the stage for serious settlement negotiations by late 2022 and 2023.
Settlement Reached (2023): After court-ordered mediation and talks that stretched into the summer of 2023, a breakthrough was achieved. On August 29, 2023, 3M agreed to pay $6.0 billion to settle the earplug lawsuits. This global settlement was designed to compensate an estimated approximately 260,000 to 290,000 veterans and active-duty personnel who had filed claims. The basic terms (as later disclosed by 3M) were roughly $5 billion in cash and $1 billion in 3M stock to be paid out, with payments spread over several years (2023 through 2029). Importantly, this was a voluntary opt-in settlement – each claimant could choose to accept their allocated settlement payout or opt out to continue litigating.
So, when will the 3M earplug lawsuit be settled? – The answer is that it largely has been settled, but the implementation is ongoing. By March 2024, over 99% of eligible claimants had opted into the settlement , indicating overwhelming support among veterans for the deal. This high participation rate means the settlement will indeed resolve the vast majority of cases. However, the process of evaluating claims and disbursing funds takes time. According to the official settlement program, the payouts are being rolled out in waves: roughly $1.4 billion in 2024, increasing each year, with final payments by 2029. In other words, veterans who accepted the settlement are now receiving compensation, but the full payout schedule will extend over several years.
Latest Updates on the 3M Earplug Litigation (2024–2025)
As of mid-2025, the 3M earplug litigation is in its final stages and winding down significantly. Here are the latest key points and news updates:
-
Settlement Payouts Underway: Billions of dollars are already being delivered to veterans. By May 2025, around $2.39 billion had been distributed to claimants across various payment programs. The settlement structure offered different tiers – many veterans chose an expedited payout option for a quicker, fixed payment, while others with more severe injuries pursued a detailed review for higher compensation. A special Extraordinary Injury Fund was set aside for the most serious cases (e.g. total hearing loss), and those payments are also being allocated. Most claimants in the settlement are expected to receive their base payments within 2024 and 2025, with supplemental or deferred payments (for certain cases) in later years.
-
Case Count Plummeting: The MDL, which once held nearly 300,000 active cases at its peak, has been rapidly shedding cases as the settlement progresses. In early 2024, the court stopped adding new cases, and tens of thousands of existing cases have been dismissed or settled each month. By March 2025, Judge Rodgers noted the MDL was “in the final days of its existence,” with only about 33,000 cases left pending (mostly those working through paperwork). By July 2025, just 17 lawsuits remained active in the MDL out of the 391,000+ originally filed . These remaining cases likely include a small number of plaintiffs who opted out of the settlement or whose paperwork is still being finalized. Essentially, the huge wave of litigation has now reduced to a trickle.
-
No More Trials Scheduled: Once the settlement was announced in August 2023, the ongoing bellwether trial schedule was paused. The focus shifted to settlement enrollment instead of more courtroom battles. Given the 99% opt-in rate, 3M will not have to face thousands of individual trials. (Had the settlement fallen through, the next steps would have involved remanding waves of cases for trial all over the country – a scenario now averted.) As of 2025, no further 3M earplug trials are expected, aside from possibly a few opt-out cases that might proceed on their own if those plaintiffs choose to continue suing independently.
-
3M’s Insurance Battle: One piece of side news in 2024-2025 is that 3M has been fighting with its insurers about covering the settlement costs. 3M has reported that certain insurance carriers have refused payout under policies, so 3M initiated legal action to get them to contribute. For instance, 3M went to arbitration with one insurer (AIG) in the U.K. to claim coverage for part of the $6 billion settlement . These insurance disputes do not directly affect veterans’ settlement payments (those are secured by 3M’s agreement regardless of insurance). It’s essentially 3M trying to offset some of its financial burden. The courts have allowed 3M to disclose limited settlement data in these insurance proceedings, but are ensuring sensitive details remain confidential. From a claimant’s perspective, this is background noise – your payment is not contingent on 3M winning or losing against its insurers.
-
Continued Outreach: The settlement administrator and plaintiffs’ leadership have been working to contact all eligible claimants (including veterans who may have moved or changed contacts) to ensure everyone entitled to money knows how to receive it. If you are an Alabama veteran who filed a 3M earplug claim, keep in touch with your attorney and update your contact information so you don’t miss important settlement notices.
In summary, the latest status is that the 3M earplug litigation is largely resolved through the $6 billion settlement. The vast majority of veterans who came forward will receive compensation, if they haven’t already. This outcome holds 3M accountable (in a financial sense) and brings closure to what has been a long legal fight spanning several years. While no amount of money can fully restore one’s hearing or silence the ringing in one’s ears, the settlement does provide meaningful financial relief for medical care, hearing devices, and the reduced quality of life these injuries caused. It also stands as a vindication of our veterans’ rights – sending a clear message that companies who put profits over soldiers’ safety will be held accountable.
Your Rights and Options – Alabama Veterans Deserve Justice
If you or someone you love served in the military between 2003 and 2015 and now struggles with hearing loss or tinnitus, it’s important to understand your legal rights. Here are some common questions Alabama veterans might have at this stage:
“What should I do if I haven’t taken action yet?” – At this point, the formal 3M MDL settlement program is closing to new claims. Nearly all law firms (including those in Alabama) have stopped taking new 3M earplug cases because the settlement is underway and the litigation is winding down . However, if you only recently learned of the issue and believe you were affected, you should consult an attorney experienced in defective product or military injury cases as soon as possible. There may be limited options to pursue an individual lawsuit or join any remaining action if you meet certain criteria, but time is of the essence. An attorney can review whether you had a claim on file before deadlines or if any appeals or opt-out litigation could apply. Additionally, an attorney can help verify whether you were already included in the settlement unbeknownst to you (for example, if you filled out some paperwork through a veterans’ program or a law firm earlier). Do not assume you have no recourse – get a professional legal opinion.
“How do I claim my 3M earplug settlement money?” – If you did file a claim or lawsuit previously (or signed up through a law firm) and opted into the settlement, you should be receiving communications about your payment. Make sure to update your contact info with your attorney or the settlement administrator. Payments are being processed in phases; some veterans have already received initial deposits in their accounts, while others may be scheduled for later this year or next. If you’re unsure of your claim status, reach out to your attorney or contact the official Combat Arms Earplug Settlement Program for guidance. Keep an eye on mail and email for any notifications – missing a required form or deadline could delay your payout. Remember that certain payouts might come in multiple installments (especially for severe injury claims or those in the Detailed Pay Program). Patience is key, but don’t hesitate to seek an update if you think you’ve been overlooked.
“What if I opted out or disagree with the settlement?” – A very small fraction of plaintiffs chose not to accept the settlement offer, possibly hoping to pursue their case individually for a potentially higher award. If you are among them, your case might be transferred (or remanded ) out of the MDL and back to a local court for trial. This path is complex and could take a long time, and there’s no guarantee of winning more than the settlement would have provided. It’s crucial to consult closely with your attorney about the risks and prospects. Opt-out cases could still settle separately with 3M, or they might proceed to trial in the future. Given 3M’s overall settlement, the company may be more inclined to fight remaining cases one by one. We advise weighing the decision carefully – in most instances, the settlement’s guaranteed payout may be the safer route, but individual circumstances vary.
“Can I still file a new claim in 2025?” – As noted, practically speaking, new claims are no longer being accepted into the resolved MDL. The opportunity to join the mass litigation has passed (the court had set deadlines in 2022–2023 to register claims, and the settlement covers those on record by that time awsuit-information-center.com ). If you never filed a lawsuit or claim form, you likely cannot directly participate in the 3M settlement now. That said, if you have a unique situation (for example, you had a late-developing diagnosis or were unaware of your rights), consult an attorney. In extremely limited cases, there might be a possibility to sue 3M in state court or seek other compensation (perhaps through Veterans Affairs disability benefits for hearing loss). An attorney can help you explore any remaining avenues, even if the main litigation is closed.
At the office of Elizabeth A. Citrin, P.C., we remain dedicated to standing up for Alabama’s veterans and servicemembers. While the 3M earplug litigation is largely resolved, our mission to advocate for those who have been wronged by large corporations continues. Elizabeth Citrin has been a fierce advocate in personal injury and defective product cases in Alabama, and our team has the experience and passion to help clients navigate complex claims like this. We understand the sacrifice our military clients have made, and we believe it is our duty to fight for the compensation and care they deserve when a company’s recklessness causes harm.
No Recovery, No Fee – and No Intimidation: Our Daphne, Alabama law firm is not intimidated by corporate giants like 3M. We have the “small firm” personal touch with “big firm” results, having stood up to insurance companies and industry titans on behalf of injured Alabamians. If you are a veteran or active-duty member suffering from hearing loss or tinnitus you suspect is linked to 3M’s defective earplugs, we invite you to reach out for a free consultation. Even if you’re not sure whether you have a case (or whether it’s too late to take action), we can help evaluate your situation and explain your options clearly.
🔸 Call us at (251) 202-3374 or contact us online to discuss your case. We can review your military service dates, any medical documentation of hearing issues, and determine if you were part of the earlier claims. Our goal is to ensure every Alabama veteran understands their rights and is given a fair chance at justice.
Honoring Our Heroes: The resolution of the 3M earplug litigation is a significant victory for veterans nationwide. It sends a message that the safety of our servicemembers is non-negotiable. Here in Alabama, where we proudly support a large military community, the outcome is deeply personal. Each successful claim is a reminder that those who wore our nation’s uniform will not be forgotten or ignored when they return home with injuries. Our firm is honored to have played a role in seeking justice for these heroes.
Sources:
-
U.S. Department of Justice – Press Release, July 2018: 3M agreed to pay $9.1 million to resolve allegations it knowingly sold defective dual-ended earplugs to the military without disclosing the design flaw justice.gov justice.gov . This whistleblower case revealed the earplugs were “too short for proper insertion” and could loosen, failing to protect users’ hearing.
-
Drugwatch (July 1, 2025 update): As of July 2025, 391,222 claims were filed in the 3M earplug MDL, and only 17 cases remained pending – indicating that over 99% of cases have been settled or dismissed drugwatch.com . In August 2023, 3M agreed to a $6 billion settlement to resolve about 260,000 lawsuits by veterans with hearing loss and tinnitus drugwatch.com . By March 2024, 3M reported 99% of claimants opted into the settlement, which schedules payments from 2024 through 2029 drugwatch.com . Most law firms are no longer accepting new 3M earplug cases given the settlement’s progress drugwatch.com .
-
Sokolove Law News: The first bellwether trial in April 2021 resulted in a $7.1 million verdict for three Army veterans, confirming that 3M’s earplugs were defective and caused hearing damage sokolovelaw.com . Evidence showed the CAEv2 earplugs would loosen and had failed safety tests as early as 2000, but 3M allowed them to be issued to thousands of soldiers without warning sokolovelaw.com .
-
Reuters (Jan 28, 2022): A federal jury in Florida hit 3M with a $110 million verdict – the largest in the earplug litigation – for two Army veterans who suffered hearing loss and tinnitus reuters.com . By that date, 3M had lost 6 of 11 bellwether trials. In total, 3M lost 10 of 16 trials, with juries awarding over $250 million to plaintiffs, before settlement talks gained traction drugwatch.com .
-
Reuters (April 2021): Hearing damage is the leading cause of service-connected disability reported to the VA, and more than 2 million servicemembers were deployed with these earplugs between 2001 and 2011 reuters.com . The MDL became the largest in history, far exceeding other product liability lawsuits, due in part to the military’s tight-knit community and the ease of identifying affected individuals (anyone issued 3M’s earplug)
-
Drugwatch (Hearing Loss Claims): Lawsuits cited not only hearing loss and tinnitus but also related issues like loss of balance caused by inner ear damage, drugwatch.com . Veterans reported struggling with persistent ringing and significant hearing difficulties post-service, attributing these injuries to 3M’s faulty earplugs. Such injuries have profound effects on veterans’ quality of life and require ongoing medical care.


