What Is the 3M Earplug Lawsuit?
The 3M earplug lawsuit is a group of product liability claims by U.S. service members and veterans over 3M's dual-ended Combat Arms Version 2 earplugs, resolved through a settlement of up to $6 billion. The claims were filed in a federal multidistrict litigation and in a coordinated Minnesota state court proceeding.
The federal cases sit in MDL No. 2885 in the Northern District of Florida under Judge M. Casey Rodgers. The Minnesota cases were coordinated in the Fourth Judicial District, Hennepin County. The MDL's full procedural history is on the 3M lawsuit page. This page covers the payouts and payment schedule.
3M reported that more than 293,000 claims were filed before the settlement. More than 249,000 claimants registered to take part, and courts dismissed more than 41,000 claims, according to a March 2024 report by Military.com.
“In August 2023, the Company, Aearo, and related entities entered into a settlement arrangement (as amended, the “CAE Settlement”), intended to resolve substantially all existing and potential claims related to the CAE in the CAE MDL and coordinated Minnesota state court proceeding. The CAE Settlement was structured to promote broad claimant participation and does not constitute an admission of liability or wrongdoing.”
Source: 3M Company, Form 10-Q for the quarterly period ended June 30, 2026, Note 15 (Commitments and Contingencies), Combat Arms Earplugs Litigation
Why Are People Filing 3M Earplug Lawsuits?
People filing 3M earplug lawsuits alleged that the Combat Arms Version 2 earplug was defectively designed. Aearo Technologies made the plug, and 3M sold it after buying Aearo in 2008, until it was discontinued in 2015. The plug had a yellow end and an olive end, and each end was meant to give a different kind of protection.
Judge Rodgers described the trial evidence in a January 27, 2022 order. An expert testified that the plug had "three primary design flaws": it was "too fat," "too short," and "too stiff." Plaintiffs argued that the plug could loosen without the wearer noticing, which let harmful noise reach the ear.
The same order describes internal emails that plaintiffs offered as evidence. One said the plug "will not reduce 190 db explosions to a safe level." Another said a shooter should not fire a box of shells with the yellow side. 3M disputes plaintiffs' claims about the design and its warnings.
The claims also had a government backdrop. In 2018, 3M agreed to pay $9.1 million to resolve False Claims Act allegations about the earplugs, without admitting liability.
What Injuries Are Included in the 3M Earplug Lawsuit?
The injuries included in the 3M earplug lawsuit are hearing loss and tinnitus, and each is defined below. Claimants had to link either injury to the Combat Arms Version 2 earplug. 3M has denied wrongdoing throughout the litigation and has not been found liable across the whole MDL.
Hearing Loss
Hearing loss is a partial or complete reduction in the ability to hear sound, and it can affect one ear or both.
Plaintiffs allege that a plug that loosened or never sealed let noise reach the inner ear. In the January 2022 bellwether trials of Sloan and Wayman, medical experts testified that the earplug's design defects caused each man's hearing loss. The deferred payment program scores hearing loss from an audiogram, so the measured severity and whether one or both ears are affected change the points a claimant receives.
Tinnitus
Tinnitus is the perception of ringing, buzzing, or hissing in the ears when no outside sound is present.
Tinnitus was pleaded both with hearing loss and on its own. The 2021 bellwether plaintiff Stephen Hacker, for example, reported tinnitus that began in 2006. A court order in the Sloan case recounts an expert's conclusion that Sloan had both conditions and that they were directly due to the earplug. The administrator's public pages reviewed for this page do not list a dollar figure for tinnitus-only awards.
Who Qualifies for the 3M Earplug Lawsuit?
You may qualify if:
- You had a Combat Arms Earplug claim filed in MDL No. 2885, or in the coordinated Minnesota state proceeding, or dismissed without prejudice in either one
- You registered with the settlement program before registration closed in early 2024
- You are a derivative claimant, tied to an eligible service member's claim, according to the program's published rules
You may not qualify if:
- Your claim was dismissed with prejudice before the settlement date
- You did not register before the registration deadline, because the administrator says late registrations cannot participate
- You used a different 3M or Peltor earplug and not the dual-ended Combat Arms Version 2
This summary describes who qualified, not an open opportunity. The administrator's FAQ cites January 25, 2024 as the registration deadline, while some trackers list a later March 2024 date for final registration. Only the settlement administrator or a qualified attorney reviewing your records can confirm your status.
What Is the Current Status of the 3M Earplug Lawsuit?
The current status of the 3M earplug lawsuit is resolved in court but still paying out. 3M's June 2026 Form 10-Q says the MDL court confirmed in September 2025 that all MDL cases had been resolved. Payments under the settlement continue on a schedule that runs through 2029.
In re: 3M Combat Arms Earplug Products Liability Litigation
MDL No. 2885 centralized the federal earplug cases in Pensacola under Judge M. Casey Rodgers. After the 2022 bellwether trials and a failed bankruptcy attempt by Aearo, the parties settled in August 2023. 3M's filing reports that every MDL case had been resolved by September 2025.
| Court | U.S. District Court, Northern District of Florida (Pensacola) |
| Case Number | 3:19-md-02885 |
| Presiding Judge | Hon. M. Casey Rodgers |
| Defendants | 3M Company and Aearo Technologies |
| Settlement Announced | August 29, 2023 |
| MDL Cases Resolved | Confirmed by the MDL court in September 2025, per 3M's Form 10-Q |
Minnesota Coordinated Earplug Proceeding
A coordinated state court proceeding in Hennepin County, Minnesota, ran alongside the federal MDL because 3M is headquartered in that state. Judge Laurie Miller of the Fourth Judicial District Court and Judge Rodgers held a joint fairness hearing on December 11, 2023 about 3M paying part of the settlement in stock.
| Court | Fourth Judicial District Court, Hennepin County, Minnesota |
| Presiding Judge (fairness hearing) | Hon. Laurie Miller |
| Joint Hearing With Federal Court | December 11, 2023 |
| Covered by the Settlement | Yes, the same settlement covers both proceedings |
Combat Arms Earplugs Settlement Program
BrownGreer, the settlement administrator, runs the program through three master settlement agreements. MSA I covers most claimants through the Expedited Payment Program, the Deferred Payment Program, and the Extraordinary Injury Fund. MSA II covers 13 verdict cases, and MSA III covers wave cases.
| Administrator | BrownGreer PLC |
| Total Issued (all MSAs) | $3,087,037,683 as of October 2, 2026 |
| Expedited Payment Program | $2,403,006,526 paid to 232,502 of 233,071 claimants |
| Deferred Payment Program, Cycle 1 | $209,022,813 paid to 16,475 claimants |
| MSA II Verdict Cases | All 13 paid, totaling $135,009,775 |
| MSA III Wave Cases | $212,260,209 paid to 1,595 claimants |
These figures come from the administrator's own public site. Registration for the program is closed, so the numbers describe existing claimants only.
What Is the Average 3M Earplug Lawsuit Payout?
The average 3M earplug lawsuit payout differs by program, from about $10,300 per claimant in the Expedited Payment Program to about $133,000 per claimant in the wave cases. These averages come from dividing the administrator's reported totals by the number of claimants paid, as of October 2, 2026.
Averages are not individual offers. Each claimant's award depends on the program, the severity of the documented injury, any liens, and the attorney's fee agreement, and only the settlement administrator can confirm an individual amount.
The Deferred Payment Program works on points. The administrator's FAQ says the first point dollar value, set October 1, 2025, was $933.62 per point. A claimant's gross award is the point total multiplied by that value. A claimant with 5 points would have received about $4,668 gross in the first cycle.
The second cycle is expected to pay far more per point. A BrownGreer alert dated August 12, 2026 reportedly calculated about $5,378 per point, with the official figure set on October 1, 2026. At that rate, 5 points would equal about $26,890 gross. That is illustrative arithmetic and not a promise of any payment.
Deductions apply to the gross award. Reports put the common benefit assessment at 9%, and each firm's contingency fee comes out as well. The administrator's FAQ says a claimant must still receive at least 50% of the amount left after the common benefit assessment.
Dividing $6 billion by the roughly 249,000 registered claimants gives about $24,000 each before fees. That figure is misleading because the verdict and wave cases received far larger awards than the Expedited Payment Program.
3M Earplug Lawsuit Updates and Case Status
Here is the current status of the 3M Earplug lawsuit, updated with new filings, rulings, and case-count reports as they're confirmed. MDL No. 2885, the 3M Combat Arms earplug litigation settled as of October 2026; the terms and timing are covered in the entries below. See the full timeline below for every confirmed development since the litigation began.
3M Earplug Lawsuit Timeline of Events
Administrator Reports $3.09 Billion Issued
BrownGreer, the 3M Combat Arms earplug settlement administrator, reported $3,087,037,683 issued across all settlement agreements as of October 2, 2026. The Expedited Payment Program accounted for $2,403,006,526 paid to 232,502 of 233,071 claimants, which left 569 unpaid.
Second Deferred Payment Cycle Begins
The Deferred Payment Program's second point-based payment cycle was scheduled to begin on October 1, 2026, the date the administrator sets the annual point dollar value. A BrownGreer alert from August 12, 2026 reportedly estimated the value at about $5,378 per point before deductions.
3M Funding Deposit of $800 Million Scheduled
The 3M earplug settlement's funding schedule called for 3M to deposit $800 million into the settlement fund on September 15, 2026, according to settlement-tracking reports. The same schedule lists $150 million on December 1, 2026, then $750 million and $50 million in 2027, and $300 million each in 2028 and 2029.
3M Reports $1.9 Billion in Earplug Liabilities
3M's Form 10-Q for the quarter ended June 30, 2026 reported $1.9 billion in accrued liabilities for the Combat Arms earplug litigation, down from $2.4 billion at December 31, 2025. The filing also notes a writ of summons in Australia and a Letter Before Action in the United Kingdom, both on behalf of purported earplug users.
First Deferred Payment Cycle Sets $933.62 Per Point
The 3M earplug settlement's administrator set the first Deferred Payment Program point dollar value at $933.62 as of October 1, 2025, according to its FAQ. That value applied to the first round of points-based payments.
MDL Court Confirms All MDL Cases Resolved
3M's Form 10-Q states that in September 2025 the Northern District of Florida MDL court confirmed that all cases in MDL No. 2885 had been resolved. The filing adds that other litigation could still be filed inside or outside the MDL, including internationally.
All Expedited Payment Awards Funded
The settlement administrator lists April 15, 2025 as the date by which every Expedited Payment Program award had been funded. Reports say claimants with lien holds or paperwork problems could still wait longer for individual payments.
3M Announces More Than 99% Participation
3M announced on March 26, 2024 that more than 99% of eligible claimants had agreed to join the earplug settlement, clearing the 98% threshold the deal required. More than 249,000 of over 293,000 claims were registered, and courts dismissed more than 41,000 others, according to Military.com.
3M Pays $250 Million Into the Settlement Fund
3M announced on December 27, 2023 that it paid $250 million into the earplug Qualified Settlement Fund on December 26. The company said courts had dismissed more than 22,000 claims and expected 25,000 to 30,000 claimants to dismiss their litigation as a result.
Federal and Minnesota Judges Hold Joint Fairness Hearing
Judge M. Casey Rodgers of the federal MDL and Judge Laurie Miller of Minnesota's Fourth Judicial District Court held a joint fairness hearing on December 11, 2023. The hearing addressed whether 3M could pay part of the settlement with its common stock.
3M Announces a $6 Billion Earplug Settlement
3M, Aearo, and related entities announced on August 29, 2023 a settlement of up to $6 billion to be paid between 2023 and 2029. The deal included about $5 billion in cash and up to $1 billion in 3M stock, and 3M admitted no liability.
Bankruptcy Judge Dismisses Aearo's Chapter 11 Case
Judge Jeffrey Graham dismissed the Chapter 11 case of 3M subsidiary Aearo Technologies on June 9, 2023, finding the filing lacked financial distress and a valid reorganization purpose. The ruling sent the earplug claims back to the Northern District of Florida.
Judge Rodgers Orders Settlement Mediation
Judge M. Casey Rodgers ordered 3M and plaintiffs on August 30, 2022 to mediate before Special Master Randi S. Ellis within 30 days. The order noted more than 220,000 plaintiffs whose MDL No. 2885 claims still needed resolution.
Aearo Technologies Files for Chapter 11
3M announced on July 26, 2022 that its subsidiary Aearo Technologies had taken action to resolve the earplug litigation through a Chapter 11 case in the Southern District of Indiana. The bankruptcy court later declined to extend the litigation stay to 3M Company itself.
Final Bellwether Verdict Awards $77.5 Million
A Pensacola federal jury awarded Army veteran James Beal $77.5 million on May 20, 2022 in the last of 16 MDL No. 2885 bellwether trials. Plaintiffs won 10 of the 16 trials, for nearly $300 million in total damages, according to reports.
Judge Denies 3M's Motion for Judgment as a Matter of Law
Judge Rodgers denied 3M's motion for judgment as a matter of law on January 27, 2022 in the Sloan and Wayman bellwether cases. The order held that the evidence on causation, misrepresentation, and fraudulent concealment was enough to go to the jury.
Plaintiff Leadership Opposes a Separate Class Action Track
Plaintiff Leadership in MDL No. 2885 filed a memorandum on July 1, 2019 opposing plaintiff Sean Lynch's May 2019 motion to create a separate class action track. The memorandum argued that class issues were already within its charge and that a class motion was premature.
JPML Centralizes the Earplug Cases
The Judicial Panel on Multidistrict Litigation centralized the federal Combat Arms earplug cases in the Northern District of Florida on April 3, 2019 and created MDL No. 2885 under Judge M. Casey Rodgers.
3M Pays $9.1 Million in a False Claims Act Settlement
3M agreed in 2018 to pay $9.1 million to resolve False Claims Act allegations that it knew the Combat Arms earplugs could loosen and lose their seal but sold them to the military anyway. 3M did not admit liability.
How to File a 3M Earplug Lawsuit
These 6 steps outline how to file a 3M Earplug lawsuit.
- Log in to the Claimant Portal: Registered claimants check their award and payment status by logging in at combatarmssettlement.com, which BrownGreer runs for the program.
- Confirm which program holds your claim: Your portal notice shows whether you sit in the Expedited Payment Program, the Deferred Payment Program, the Extraordinary Injury Fund, or a verdict or wave track.
- Check for unpaid or held payments: A small number of Expedited Payment Program claimants remain unpaid, and the administrator's site has a Healthcare Liens page for claimants whose payments are held.
- Update your contact and payment details: The FAQ says claimants update their information through the online portal, so a wrong address or bank detail is fixed there and not through a law firm website.
- Ask your primary counsel about fees and deductions: Your attorney can explain the contingency fee and the common benefit assessment taken from a gross award.
- Ignore new sign-up offers: Registration closed in early 2024, so any site asking you to pay or sign up for the settlement now is not offering an open enrollment.
3M Earplug Lawsuit is no longer accepting new claims. Registration for the settlement closed in early 2024 and 3M's own filing says all cases in MDL No. 2885 had been resolved by September 2025, so no new claims are being accepted as of this writing.
What Evidence Does a 3M Earplug Lawsuit Claim Need?
A 3M earplug lawsuit claim needed proof of use and proof of injury. A claimant registered with a form, a complete release, and a stipulated dismissal with prejudice, according to the claim-tracking site Claim Depot. The deferred program then scored the injury from the claimant's audiogram.
At trial, the standard was higher. The court's January 27, 2022 order says each plaintiff had to produce expert evidence that the earplug had defects that could cause injury and that those defects did cause the plaintiff's injury, to a reasonable degree of medical probability.
- Audiogram: sets hearing loss points in the deferred payment program.
- Military service records: show when and where the earplug was issued or used.
- Medical expert opinion: required to prove causation at trial.
- Lien information: needed before a held payment can be released.
How Much Liability Does 3M Still Report for the Earplug Lawsuit?
3M still reports $1.9 billion in accrued liabilities for the earplug lawsuit as of June 30, 2026. That figure includes $1.0 billion classified as current and $0.9 billion classified as longer-term. The company says it cannot estimate any loss above the amount accrued.
3M states in the same filing that it believes the earplugs were effective and safe when used properly. It describes the settlement as not an admission of liability or wrongdoing. The company agreed to contribute up to $6.0 billion between 2023 and 2029.
| Item | What 3M's June 30, 2026 Form 10-Q Reports |
|---|---|
| Settlement size | Up to $6.0 billion contributed between 2023 and 2029 |
| Participation | More than 99% in March 2024, above the 98% required |
| Third-quarter 2023 charge | $4.2 billion pre-tax, on $5.3 billion of discounted contributions net of a $1.1 billion accrual |
| Accrued liability | $1.9 billion at June 30, 2026, versus $2.4 billion at December 31, 2025 |
| Other claims | A writ of summons in Australia and a Letter Before Action in the United Kingdom |
The Aearo bankruptcy is part of the defense history. Aearo filed Chapter 11 in July 2022 to move the claims out of the MDL. A bankruptcy judge dismissed the case in June 2023, and the settlement followed in August 2023.
Is the 3M Earplug Lawsuit a Class Action?
No. The 3M earplug lawsuit is a multidistrict litigation of individual claims, not a certified class action. Each service member's claim kept its own case, and the settlement paid claimants through individual programs.
A class track was proposed once. Plaintiff Sean Lynch moved in May 2019 to create a separate class action track for earplug users without a diagnosed injury. Plaintiff Leadership opposed the motion in a July 1, 2019 filing as premature. The claims were later resolved through the master settlement agreements instead.
| Matter | What It Covers | Proceeding | Relationship to This Page |
|---|---|---|---|
| 3M Combat Arms earplug claims | Hearing loss and tinnitus from the Version 2 earplug | MDL No. 2885 and a Minnesota coordinated proceeding | The subject of this page |
| Lynch class track motion (2019) | A proposed class of users without a diagnosed injury | Motion inside MDL No. 2885 | Opposed by Plaintiff Leadership as premature |
| Australia and UK earplug claims | Purported earplug users abroad | Writ of summons (Australia), Letter Before Action (UK) | Reported in 3M's 10-Q, outside the U.S. settlement |
| 3M AFFF firefighting foam litigation | PFAS contamination and cancer claims | MDL No. 2873, District of South Carolina | A separate case with a different product and injury |
Frequently Asked Questions
What is the 3M earplug lawsuit about?
The 3M earplug lawsuit is about claims that 3M's dual-ended Combat Arms Version 2 earplugs were defectively designed and caused hearing loss and tinnitus in service members. The claims were litigated in MDL No. 2885 and a Minnesota state proceeding, and 3M settled them in August 2023 without admitting liability.
Is the 3M earplug lawsuit a class action or an MDL?
The 3M earplug lawsuit is a multidistrict litigation, not a class action, because each claimant kept an individual case. A 2019 motion for a separate class action track was opposed by Plaintiff Leadership, and the claims were later resolved through individual payment programs.
Can I still sign up for the 3M earplug lawsuit settlement?
You generally cannot sign up for the 3M earplug lawsuit settlement now, because registration closed in early 2024 and the administrator says late registrations cannot participate. A qualified attorney can review whether any individual exception applies to your situation.
What is the average 3M earplug lawsuit payout?
The average 3M earplug lawsuit payout varies by program, from about $10,300 in the Expedited Payment Program to about $133,000 in the wave cases. These averages divide the administrator's totals by claimants paid as of October 2, 2026, and individual awards depend on injury severity, liens, and fees.
When will 3M earplug lawsuit settlement payments be finished?
3M earplug lawsuit settlement payments are scheduled to run through 2029. 3M's funding schedule includes deposits of $800 million on September 15, 2026 and $150 million on December 1, 2026, and the deferred program pays a new points-based cycle each October.
How do I check my 3M earplug lawsuit payment status?
You check your 3M earplug lawsuit payment status by logging in to the Claimant Portal at combatarmssettlement.com, which BrownGreer administers. The portal shows your award, your program, and any held payment, and your primary counsel can explain deductions.