In her Order, Judge Rodgers explained that the purpose of the data day is “to educate those outside of leadership roles in the MDL about the nature and scope of the hearing-related claims in this litigation.” Judge Rodgers explained that both sides are entrenched in their respective data metrics and that this has been the primary roadblock to getting a global settlement done.įebruUpdate: Judge Rodgers will hold a “data day” tomorrow in the 3M earplugs MDL at which the third-party claims administrator for the MDL (Brown Greer) will make a presentation summarizing the data collected about the hear-loss claims made by plaintiffs in the MDL. Under the approach favored by the plaintiffs, a much smaller percentage of plaintiffs would be excluded. The metric favored by 3M would result in a very large percentage of plaintiffs (as high as 85%) being classified as having no injury and excluded from any settlement.
The overriding takeaway from the presentation was that 3M and the plaintiff leadership have adopted vastly different interpretations of the injury data based on various metrics.
Consistently, it is making the same obvious point now to the bankruptcy court: this was not the congressional purpose of the Bankruptcy Code.įebruUpdate: Judge Rodgers held the 3M earplug data day as planned this morning, which featured comments from the bench and a 90-minute presentation from the third-party claims administrator. The Justice Department is seeking to dismiss Aearo’s bankruptcy in Indiana, claiming as it did before the 3rd Circuit that its Chapter 11 filing was a ploy to benefit its solvent, dividend paying parent company and escape ongoing litigation over allegedly faulty earplugs. Just last week the MDL Judge held a “data day” to review the DOD medical data.ĭuring that presentation, Judge Rodgers noted that the data was subject to multiple interpretations and that 3M has chosen to interpret it in a way that is most advantageous to its position.įebruUpdate: The federal government is with us. Not surprisingly, 3M’s self-serving interpretation of the DOD data is highly flawed and the claim that 90% of the plaintiffs have no hearing loss is grossly misleading. MaUpdate: Shares of 3M rose sharply yesterday after the company filed a motion in the Aearo bankruptcy proceeding claiming that recently produced medical records from the Department of Defense show that 90% of the 3M plaintiffs have no hearing impairment.
Call us at 80 or get a free online consultation.īefore we get to the meat of the 3M Combat Arms earplug lawsuits, our attorneys update you with the latest news in the 3M earplug litigation. If you have a potential claim, do not delay. Our lawyers are handling 3M earplug lawsuits in all 50 states. Thousands of veterans and current military service members may be entitled to receive financial compensation in the 3M earplug lawsuit for hearing loss and tinnitus caused by defective earplugs.
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