Department of Defense Data Reveals No Hearing Loss Among Vast Majority of Plaintiffs in Combat Arms Earplug Litigation

Rhea-AI Summary

3M has revealed that data from over 175,000 plaintiffs in the ongoing Combat Arms earplug litigation indicates that the vast majority have normal hearing. According to findings presented in a U.S. Bankruptcy Court filing, nearly 90% of claimants do not show hearing impairment based on standards from the American Medical Association and World Health Organization. The analysis highlights that many plaintiffs reporting impairment had pre-existing conditions. 3M and Aearo are committed to resolving the litigation, with significant hearings scheduled for May 1, 2023, which could influence the case's outcome.

Positive

• Nearly 90% of plaintiffs in the Combat Arms litigation have no hearing impairment according to AMA standards.
• More than 85% of claimants have normal hearing under WHO and NIH standards.
• Independent tests confirm the safety and effectiveness of Combat Arms earplugs.

Negative

• The litigation remains unresolved, posing ongoing risks for 3M and Aearo.
• Potential impacts on 3M's reputation and financial standing due to continued claims.

ST. PAUL, Minn., March 1, 2023 /PRNewswire/ -- U.S. Department of Defense records for more than 175,000 plaintiffs show that the vast majority of claimants in Combat Arms earplug litigation have normal hearing under medically accepted standards. This information is included in Aearo's estimation motion filed in the U.S. Bankruptcy Court in Indianapolis. Aearo and 3M remain focused on reaching an efficient, equitable, and expeditious resolution to this litigation.

Comprehensive analysis of U.S. Department of Defense audiometric data for plaintiffs who filed claims in the MDL showed that the vast majority of claimants did not have hearing loss according to standards from leading medical and health organizations, including the American Medical Association (AMA) and World Health Organizations (WHO).

• Under AMA standards, almost 90% of plaintiffs have no hearing impairment.
• Under WHO and National Institute of Health standards, more than 85% of plaintiffs have normal hearing.
• Nearly a quarter of the plaintiffs with impairment under either AMA or WHO standards reported their condition in hearing tests before they ever used the Combat Arms earplugs.

This analysis does not account for other causes of hearing loss that may have impacted the small percentage of servicemembers with hearing loss, including medical conditions unrelated to noise exposure, non-military noise exposure, hearing loss that predates a service member's use of Combat Arms earplugs, and injuries suffered while not wearing Combat Arms earplugs. Every independent, third-party organization that has tested the product, including the Army Research Lab, the Air Force Research lab, NIOSH, and others, has found that it was safe and effective to use.

According to Charles Mullin of Bates White, an expert claims valuation firm: "As part of my work as an expert for the Debtors in the Aearo bankruptcy, I have been asked to evaluate Department of Defense audiogram data for over 175,000 active plaintiffs who have asserted claims in the Combat Arms MDL. I have compared those data to standards published by the World Health Organization and American Medical Association for the evaluation of hearing impairment. My analysis shows that a substantial majority of MDL plaintiffs have normal hearing or no binaural hearing impairment under those standards."

These data reinforce the need for parties to work together to reach a reasonable resolution, based in data and scientific evidence, that does right by veterans entitled to compensation and puts an end to this litigation. If necessary, 3M and Aearo will continue to vigorously defend their position in the multi-district litigation, and in pursuing their appeals. Oral arguments for the appeals of the initial bellwether trials, which include important legal and evidentiary issues, are scheduled to be held on May 1, 2023, and could significantly alter the progression and outcome of this litigation.

To learn more, visit www.3MEarplugsFacts.com.

Forward-Looking Statements

This news release contains forward-looking information about 3M's financial results and estimates and business prospects that involve substantial risks and uncertainties. You can identify these statements by the use of words such as "anticipate," "estimate," "expect," "aim," "project," "intend," "plan," "believe," "will," "should," "could," "target," "forecast" and other words and terms of similar meaning in connection with any discussion of future operating or financial performance or business plans or prospects. Among the factors that could cause actual results to differ materially are the following: (1) worldwide economic, political, regulatory, international trade, geopolitical, capital markets and other external conditions and other factors beyond the Company's control, including inflation, recession, military conflicts, natural and other disasters or climate change affecting the operations of the Company or its customers and suppliers; (2) risks related to unexpected events such as the public health crises associated with the coronavirus (COVID-19) global pandemic; (3) foreign currency exchange rates and fluctuations in those rates; (4) liabilities related to certain fluorochemicals, including lawsuits concerning various PFAS-related products and chemistries, and claims and governmental regulatory proceedings and inquiries related to PFAS in a variety of jurisdictions; (5) legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in the Company's Annual Report on Form 10-K for the year ended Dec. 31, 2022 and any subsequent quarterly reports on Form 10-Q (the "Reports"); (6) competitive conditions and customer preferences; (7) the timing and market acceptance of new product and service offerings; (8) the availability and cost of purchased components, compounds, raw materials and energy due to shortages, increased demand and wages or supply chain interruptions; (9) unanticipated problems or delays with the phased implementation of a global enterprise resource planning (ERP) system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) the impact of acquisitions, strategic alliances, divestitures, and other strategic events resulting from portfolio management actions and other evolving business strategies, and possible organizational restructuring; (11) operational execution, including scenarios where the Company generates fewer productivity improvements than planned; (12) financial market risks that may affect the Company's funding obligations under defined benefit pension and postretirement plans; (13) the Company's credit ratings and its cost of capital; (14) tax-related external conditions, including changes in tax rates, laws or regulations; (15) matters relating to the proposed spin-off of the Company's Health Care business; (16) matters relating to the voluntary chapter 11 proceedings of the Company's subsidiary Aearo Technologies and certain of its affiliates (the "Aearo Entities"), including legal risks related to the chapter 11 proceedings; potential impacts to the Company's reputation and its relationships with customers, suppliers, employees, regulators and other counterparties and community members; potential impacts to the Company's liquidity or results of operations, including risks related to the amount that will be necessary to fully and finally resolve all of the Company's obligations to make payments to resolve such claims under the terms of its funding and indemnification agreement with the Aearo Entities; and the Aearo Entities' ability to navigate the chapter 11 proceedings to obtain approval and consummation of a plan of reorganization; and (17) matters relating to the Company's plans to exit PFAS manufacturing and discontinue use of PFAS across its product portfolio. Changes in such assumptions or factors could produce significantly different results. A further description of these factors is located in the Reports under "Cautionary Note Concerning Factors That May Affect Future Results" and "Risk Factors" in Part I, Items 1 and 1A (Annual Report) and in Part I, Item 2 and Part II, Item 1A (Quarterly Reports). The Company assumes no obligation to update any forward-looking statements discussed herein as a result of new information or future events or developments.

About 3M

3M (NYSE: MMM) believes science helps create a brighter world for everyone. By unlocking the power of people, ideas and science to reimagine what's possible, our global team uniquely addresses the opportunities and challenges of our customers, communities, and planet. Learn how we're working to improve lives and make what's next at 3M.com/news or on Twitter at @3M or @3MNews.

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SOURCE 3M

FAQ

What does the recent 3M press release say about the Combat Arms earplug litigation?

The press release states that the majority of plaintiffs in the Combat Arms earplug litigation have normal hearing, with nearly 90% showing no impairment per AMA standards.

What percentage of plaintiffs have normal hearing according to 3M's analysis?

According to the analysis, nearly 90% of plaintiffs have normal hearing based on standards from the American Medical Association.

When are 3M's oral arguments for the appeals scheduled?

The oral arguments for the appeals are scheduled for May 1, 2023.

What are the implications of the Department of Defense data for 3M?

The Department of Defense data suggests that most claimants do not have hearing loss, which may affect the litigation's outcome and 3M's financial liabilities.

What organizations confirmed the effectiveness of Combat Arms earplugs?

Independent organizations like the Army Research Lab and the Air Force Research Lab have confirmed the earplugs' safety and effectiveness.