3M Shut Out of Immunity Defense in Faulty-Earplug Litigation (1)

3M Co. can’t escape many thousands of service members’ claims over allegedly defective combat earplugs on the basis that its subsidiary Aearo Technologies LLC designed them as a government contractor, and it can’t even argue the issue before a jury, a federal court in Florida ruled.

The evidence shows the government didn’t substantively review Aearo’s design choices in making the Combat Arms Earplug Version 2, which allegedly caused hearing loss, Judge M. Casey Rodgers said for the U.S. District Court for the Northern District of Florida on July 24.

“The Army did not participate in any way in Aearo’s decision ...