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Plaintiffs in the lawsuits claim that the company hid design flaws, fudged test results and failed to provide instructions for the proper use of the earplugs, leading to hearing damage. The lawsuits were consolidated before U.S. District Judge M. Casey Rodgers in Pensacola, Florida federal court in 2019.
Of 16 earplug cases that have gone to trial, 3M has lost 10, with about $265 million being awarded in total to 13 plaintiffs., with 3M pledging $1 billion to fund its liabilities stemming from the earplug lawsuits. 3M argued that the mass tort litigation was unfair because Rodgers had kept scientific evidence favorable to the company out of trials and allowed thousands of"unvetted" claims to swell the court's docket.
However, a bankruptcy judge in June dismissed the bankruptcy, finding that Aearo was not in enough financial distress to justify it. Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox
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