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3M MILITARY EARPLUG LAWSUIT UPDATE – JUNE 05, 2020

As many of you may have seen on social media, there is an ongoing effort via a false and misleading ad campaign on Facebook targeting U.S. active duty military and veterans.  These advertisements claim that a settlement has been reached in the 3M Combat Arms Earplugs Litigation.  This is false.  These advertisements claim that there is money immediately available to veterans and former servicemembers.  This is false.  The advertisements reference a $9.1M settlement (which is the amount 3M paid to the federal government over the Combat Arms Earplugs).  At this time, there is no settlement of any value for the claims involved in MDL 2885 for servicemembers hearing loss or tinnitus. 

We have reported many of these advertisements to Facebook.  However, the advertisements are increasing and our efforts to report and remove them on Facebook has had indeterminate success – as soon as one ad is challenged and removed; another almost identical in content and copy pops up in its place. We have identified nearly a dozen Facebook pages over 200 different ad variations reflecting nearly $300,000 in false ad campaigns targeting veterans in the past year.  Veterans, Service Members and all of our clients are increasingly frustrated with the litigation process because many of the advertisements go as far as to show purported members of the military holding their settlement checks and indicating that this is the “last chance” to claim their settlement funds. 

The Leadership Team has been investigating these false ads for several months and is taking immediate action aimed at the companies behind the dissemination of the false and misleading ads.  We will continue to keep you apprised of our efforts relating to these false messages of imminent payment and settlement for the Combat Arms Earplugs.

We are aggressively pushing forward with discovery against 3M, and we will continue to keep you all informed about the progress of this litigation.  Judge Casey Rodgers has made it clear that several cases will proceed to trial in 2021 despite the current COVID-19 crisis, and the parties should prepare accordingly.  Virtual depositions and written discovery are underway. Please call your case manager if you have any questions about your specific case.