Products Liability Law Reporter

Ronald Sloan served in the U.S. Army from 1994 to 2015, working as a Master Sergeant and tank commander. William Wayman also served in the Army from 1997 to 2017 and worked as an Army ranger and Blackhawk medevac pilot. While deployed overseas, both men used the 3M Co. Combat Arms Earplugs version 2 (CAEv2) and later suffered bilateral tinnitus and noise-induced hearing loss.

They sued 3M Co., alleging strict liability design defect and failure to warn; negligent failure to warn and design defect; breach of express warranty; breach of implied warranty; negligent misrepresentation; fraudulent misrepresentation and concealment; fraud and deceit; and gross negligence. Sloan also alleged consumer fraud and unfair trade practices. Both men sought punitive damages. The plaintiffs asserted that Aearo Technologies, which developed the product, had hidden its design flaws and failed to provide proper use instructions.

The jury awarded $110 million. Each plaintiff was awarded $15 million in compensatory damages and $40 million in punitive damages.

Citation: In re 3M Combat Arms Earplug Prods. Liab. Litig., Nos. 3:19-md-2885, 7:20-cv-1, 7:20-cv-149 (N.D. Fla. Jan. 27, 2022).

Plaintiff counsel: AAJ member Bryan F. Aylstock, AAJ member Jennifer M. Hoekstra, Mike Burns, and Maury Goldstein, all of Pensacola, Fla.; AAJ member Shelley Hutson, Marcela Arevalo, and Jason Milne, all of Houston; AAJ members David R. Buchanan, Chris Seeger, Max Kelly, Caleb Seeley, and Parvin Aminolroaya, all of Ridgefield Park, N.J.; AAJ member Michael Sacchet and Megan Odam, both of Minneapolis; AAJ member Karen Beyea-Schroeder, The Woodlands, Texas; AAJ member Evan Buxner, St. Louis; and AAJ member Matthew Hosen, Seattle.