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3M Ear Plug Litigation Update – Dec. 4, 2021 Timely Insights on Laws, Issues and New Developements

Matthews & Associates Law Firm has submitted all documents needed for our clients’ 3M claims, and submitted them in accordance with the Court’s orders. Though we have emailed all of our clients in this litigation, we would also like to take this space to reiterate that communication here, for whom it may concern.

As of Dec. 4, 2021, we have not received any settlement offers from the 3M company which made the earplugs that are the subject of this litigation.

The Court, Plaintiffs, and Defendants have identified 20 cases to go to trial. These Bellwether trials started on March 29, 2021. They are ongoing and will continue well into 2022.

Bringing these first cases to trial has been a lengthy process. It has required extensive discovery and court settings, including delays because of, and due to, the coronavirus pandemic.

Trial Count: 6 Wins, 3 Losses 

Seven (7) trials have concluded thus far. They account for nine claims, as the first trial was brought by three plaintiffs.

Verdicts were in favor of six (6) plaintiffs, while three (3) trials went to 3M. Two (2) of the three (3) 3M wins were cases which the Defendants picked; so the losses in those trials were essentially expected.  However, two (2) of the five (5) plaintiffs who won their cases were also 3M picks. That fact that 3M lost those two its own lawyers’ picks for trial, can be seen as good news for plaintiffs.

The Judge appointed to oversee these cases stated that if the parties cannot reach a settlement, more cases will be set for trial. The trials will likely continue until, if and when, 3M decides to settle the remaining cases.

The judge calendared ten (10) more claims to be heard by other judges. These cases will be heard through next year, as well, and are expected to run through May 2022.

Under normal circumstances, cases such as these can take years to resolve. In these uncertain times, during the ongoing Covid situation with its mandatory vaccination fights and roving business and court shutdowns and lockdowns, these cases are taking even longer than would be “normal.” As a result, lawyers for 3M clients are asking for continued patience and understanding during this litigation process which would, most likely, have been long and arduous even in “normal” times.

Please Update Us with any Changes

When we have more information to report on the progress of the trials and/or when a verdict has been reached, we will provide you with additional updates. We are proud to represent you and as always, if you have any other questions, please e-mail us.

The 3M ear plug litigation clients of Matthews & Associates are asked to check their emails for updates from our firm. Please make sure that our business email address is marked as safe, so our emails don’t go to your junk or spam folder.

In addition, we ask that clients be sure to verify their contact information and update us regarding any change in contact information.


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by Matthews & Associates

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