3M Earplugs Litigation Status Update
LAST UPDATED 04/23/2024
Important: Please bookmark this page for future reference as we will post all updates here regarding the 3M litigation. Additionally, you may reach us by phone or text at 844-407-1256, or via e-mail at 3M@junell-law.com if you have any questions about the litigation as a whole or regarding your case specifically.
Settlement Status as of 04/23/2024
The Settlement Claims Administrator recently informed us that a small group of claimants who were in the first two groups of Expedited Payment Program individuals are eligible for payment. We have been informed this should mean that eligible claimants with an Expedited Payment Program number of 1 through 48,665 should be paid. To be eligible for payment,
- You must not have a health insurance lien. If you answered that you received Medicaid, Tricare and/or Indian Health Services health insurance, the Settlement Administrator has established a holdback of your settlement funds. The Settlement Administrator will be contacting the company you indicated as providing your health insurance to determine the amount of the lien, if any, and then will determine the amount due to you.
- You must not have filed for bankruptcy at any time from the day you first started using the Combat Arms Earplugs to present. If you did have a bankruptcy filing, the Trustee must be contacted and determined if they will release the funds to you before there is a final determination of the amount of money you may receive.
If you do not have a lien, and have not filed a bankruptcy, the process is an itemized a closing ledger will be generated by our accounting department once they are able to confirm your case expenses, liens, or any third party liens. The closing ledger will be emailed to you and must be signed in order for a payment to be generated. Once the Settlement Administrator has deemed you as an eligible claimant on the payment list, it should take approximately 60 days for you to receive your check.
As a reminder to those Expedited Payment Program claimants, the next payments are being made by 3M to the Settlement Administrator as follows:
- July 15, 2024 – $100 million due
- October 15, 2024 – $25 million due
- January 15, 2025 – $375 million due
- January 15, 2026 – $75 million due
- April 15, 2026 – $75 million due
In the meantime, we are still working to review all cases which are legible for the stringent criteria required for the Extraordinary Injury Fund. The deadline for our firm to submit those eligible expires July 26, 2024.
Settlement Status as of 02/09/2024
The 3M Claims Administrator has changed from Archer System to Brown Greer effective 1/26/2024. Registration for the settlement has now closed. We have achieved the 95% registration and the next steps in the settlement will proceed.
The Special Master’s rules for how the money will be divided are detailed in his Settlement Allocation Methodology. Since registration is now closed, the Special Master will start to review all of the medical records for those involved in the Expedited Payment Program (EPP) to determine the appropriate level of compensation each Servicemember qualifies for. The Special Master will then advise our office in writing of his determination in your case. Once his decision is made, there will be only a short time to ask for reconsideration. The only basis for an appeal will be a clerical error in his review. It is therefore important that you maintain up to date contact information with our office so that we may discuss the Special Master’s findings with you in a timely manner.
On January 26, 2024, the Special Master also began to review the additional information provided for those included in the Deferred Payment Program (DPP). For those enrollees where we recommended you pursue the Deferred Payment Program, we have your audiograms and there is nothing for you to provide. However, those of you who enrolled in the Deferred Payment Program where we did not make such a recommendation, please email us your audiograms from your time in the service to 3M@junell-law.com. We will need to work together on a plan to ensure you receive just compensation. Also, we will be reaching out to you for additional information should the Special Master request it.
Payments
The Court has advised that Expedited Payments will start to go out by the end of the year using the FIFO methodology of “first in first out”. The first group of payments were made on February 7, 2024, to approximately 19,550 Expedited Payment Program claimants and more EPP payments will be paid throughout the year as 3M makes additional payments. 3M is due to make the next payments for the settlement as follows:
- April 15, 2024 – $350 million due
- July 15, 2024 – $100 million due
- October 15, 2024 – $25 million due
- January 15, 2025 – $375 million due
- January 15, 2026 – $75 million due
- April 15, 2026 – $75 million due
Deferred Payments will go out in 2025, in installments up until 2029 pursuant to the terms of the settlement. All settlement payments will be distributed through Junell & Associates so again it is important to keep us updated on your contact information to ensure you receive your payment in a timely manner.
Extra-Ordinary Injury Fund (EIF)
The Special Master has released his Methodology for an additional program for injuries over and above the usual damage caused by the faulty earplugs. The EIF program is intended for those who have suffered severe hearing loss and/or tinnitus which goes beyond the scope of the regular EPP or DPP settlement programs. To be eligible for the EIF program, you must have enrolled in the EPP or DPP program by the January 25, 2024 deadline. Enrollment in the EIF program will be open until July 26, 2024 and must be submitted by counsel with payment of a EIF participation fee for each program. The Special Master has created a strict criterion for enrollment into this program and we will be reviewing each client’s records to determine eligibility. In the meantime, if you believe you qualify for the EIF program, please email the documents you believe prove your eligibility and specify the settlement program you believe you qualify for to 3M@junell-law.com with the subject titled “EIF”. Once we complete our review, we will be reaching out to those we believe to be eligible.
Next Steps:
- We must wait for the Special Master’s review to determine your ultimate settlement offer.
- Each registered Servicemember must sign a Medicaid questionnaire. On February 1, 2024, we emailed all registered clients the Medicaid document to sign electronically. This form will be required before payment will be allowed.
- We will be reviewing all records to determine those who qualify for the EIF programs and will reach out to those eligible claimants about enrollment in their specific EIF program.
We continue to work zealously on behalf of all our clients through this next phase. Rest assured that you remain in good hands with Junell & Associates.
Frequently Asked Questions
- Will my participation in the 3M litigation put my VA disability claims at risk?
No – your claim is being made against a private corporation, 3M, not a government entity, like the VA, and your involvement in this litigation will have no impact on your government benefits. In fact, the Settlement Administrator, Brown Greer, has created a website for plaintiffs to be able to obtain information about the settlement at https://www.combatarmssettlement.com/. In there is a letter from the VA guaranteeing this will not affect your benefits.
As a convenience to our 3M clients, all updates will continue to be posted to this portal. It is particularly important for you to keep us updated with current contact information (phone number, e-mail, emergency contact, and mailing address) so that we can reach out to you directly with important updates.
Thank you,
Your 3M Litigation Team at Junell & Associates
