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3m earplug class action lawsuit


blahsaysme2u

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On 2/1/2020 at 9:54 PM, blahsaysme2u said:

I fit in this timeline - and a friend of mine called me about this and is supposedly talking to a lawyer as well....

-- editing this part for correction -- VA can/will get involved if you have a claim for tinnitus and win a claim like this --- Thanks @Hamslice !!

As for "winning" - either the company will try to get you to settle out of court, or you'll drag on for years until the hearing, and could end up with more or less in terms of compensation, IF there is compensation.

There's some folks out there masking information to steal Vet information as well so beware.

Edited by awgv001
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2 hours ago, awgv001 said:

There's some folks out there masking information to steal Vet information as well so beware.

yes i agree. dont click on the Facebook or Instagram ads. look for a reputable lawyer. the three i posted are ones that are trusted in the vet community already but not the only ones out there. i CCK and Hill and Ponton contacted me as well but i couldn't find it on their website.

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  • HadIt.com Elder

"No, it cannot and will not have affect on your VA claims."

Look up subrogation, it's not fair, but its the law,

https://www.va.gov/OGC/Collections.asp

If you win a lawsuit, the lawyers are required to inform insurance companies, to include medicare and VA to recoup monies spent on healthcare related to injury.

If I was (I am) getting 10% for tinnitus, I personally would not chance it.  $142.29 a month for the rest of your life is a bunch more than you're going to get in a class action lawsuit for tinnitus.  

FWIW,

Hamslice

My wife just won a 5-year court battle with a large medical company.  She gets her money after the lawyers take theirs and our private insurance and Medicare get back to them with the subrogation charges. 

 

 

 

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I agree with Hamslice I wouldn't mess around and chance a 10% rating and $140 a month for what the residuals are from a class action either. It is going to get some lawyers a bunch of money, but not those veterans that were actually harmed. If you give the VA a chance to reduce your monthly disability by an offset, you more than likely will lose a lot more than you gain for the hassle they give you in finance. IMO.

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It’s years away from any type of settlement anyways it’s all a wait and wait tactic for 3m. I recieved updates on it all the time for suit isn’t even on the table until 2021.

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Looks like this is moving in some direction.  Looks like 3M is trying to get out of it will very little to pay.  We will have to wait and see what happens on the August 18th.

3M Earplug Lawsuit News

July 28, 2022 Update: Does the Aearo bankruptcy mean 3M will get an automatic stay on continued litigation?  We will likely find out on August 18, 2022, at the bankruptcy hearing.

Meanwhile, the parties have agreed to continue Wave 3 discovery deadlines within the MDL. 3M did cancel some Wave 3 depositions and the judge ordered 3M to pay the attorneys’ fees and costs associated with the cancellation.

July 27, 2022 Update: 3M’s new strategy to resolve the earplug lawsuits in a bankruptcy proceeding is being directed by new legal counsel that the company recently retained to help deal with their mounting litigation troubles. The new players on 3M’s legal team include Steven Reich, a former Justice Department official who was hired as 3M’s new chief counsel for risk management. The law firm of White & Case was also brought in to help advise 3M on the chapter 11 bankruptcy proceeding for its subsidiary, Aearo Technologies.

The more I think about this bankruptcy, the more I think it is going to backfire on 3M.

July 26, 2022 Update: 3M is trying to play the bankruptcy card, placing Aearo into bankruptcy.  3M The goal is to stop the Wave 3 lawsuits heading for trial.

Aearo will ask the bankruptcy court to pause the litigation. 3M has not declared bankruptcy but it will try to piggyback on the Aearo bankruptcy to stop the litigation from moving forward, hoping to resolve the outstanding claims in bankruptcy court instead of having to face juries that believe their conduct was reprehensible.

I don’t think this is going to work for 3M.  I will put more up on this later but I wanted to get something posted so you all knew what was happening.

July 25, 2022 Update: In the 10 days following the settlement mediation that was ordered by MDL Judge Casey Rogers, the plaintiffs’ lawyers have filed several motions pushing wave cases forward.  The message is clear: if you do not want to offer reasonable settlement amounts, you better gear up for a  massive wave of additional trials next year.

Plaintiffs’ attorneys also filed an 84-page motion seeking to exclude or limit testimony from all of 3M’s expert witnesses going into Wave 3 of the trial cases. Plaintiffs also filed a motion asking Judge Rogers to preserve her prior Daubert rulings moving forward.

July 18, 2022 Update: There was no global settlement in the 3M class action earplug lawsuit this weekend.

July 16, 2022 Update: Should you be optimistic or pessimistic going into the settlement talks head into Day 2 today?

There are two sides to this coin. You should be optimistic because Judge Rodgers is right – the lawyers and parties know more about the strengths and weaknesses of this litigation than any other piece of litigation in America. And it is the right time for 3M to settle these cases.  The size of the 3M earplug settlement is likely to shock the market.  But 3M is viewed as risky stock right now, which is not where it wants to be.

There is also reason to be pessimistic. With no upcoming trial dates, there is no great pressure on 3M and the company has shown an unwillingness to be serious about offering reasonable earplug settlement amounts to resolve this litigation. The strategy has been to kick the can down the road.  Moreover, we have 220,000 plaintiffs.  Settling these cases is sure to be complex. It might involve settlements for the lawsuit inventory of specific law firms, as opposed to a global settlement for all plaintiffs.

July 12, 2022 Update: The 3M earplug lawsuit continues to beat down 3M stock price.

June 27, 2022 Update: The Sunday edition of the Wall Street Journal featured an article entitled 3M Faces Billions in Liabilities Over $7.63 Earplugs. The story – which is behind a paywall, of course – offers a general overview of the earplug lawsuits against 3M and an explanation of how the massive size of the litigation could end up costing 3M billions in liabilities.

The mandatory settlement conference ordered by the MDL Judge for next month appears to be what captured this recent attention. The WSJ article could prove to be a turning point in the litigation because it is the first time the 3M earplug lawsuits have received top-level attention from a major media outlet. If nothing else, it is good momentum going into the 3M earplug settlement talks set to being on July 15, 2022.

The 3M earplugs MDL is the biggest consolidated mass tort in history, but until now it has been off the radar. 3M has used anonymity to its advantage because it has not had to deal with the intense external pressure of investors pushing for a resolution. The bright spotlight of the WSJ story could end that.

June 15, 2022 Update: Settlement conference in 3M lawsuit set for July 15, 2022.  This is big news.

On Friday,  3M Earplugs MDL Judge Casey Rogers issued an Order requiring the parties to participate in settlement mediation. The Order appoints Randi S. Ellis as special master to oversee the negotiations and required that the mediation last a minimum of three days and be scheduled by July 15, 2022.

In her Order, Judge Rogers explained that a settlement would help relieve the federal court system of the massive burden that the earplugs cases will present moving forward. There are currently about 233,000 cases in the MDL (down from the high of 282,902) and these cases will soon be returned to their home districts for trial in massive blocks of 500 lawsuits at a time.

There are no guarantees.  The 3M earplug lawsuits will be very hard to settle even with parties motivated to settle and a federal judge breaking down the lawyers’ back. But it is very encouraging news that a settlement could be in the works.

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Posted (edited)

I have tinnitus (SC).  No I dont know anything about "subrogation", but I do know 100 percent disabled Vets can and do also get social security disability.  

I do, however, feel confident that a great, well respected Veterans law firm will advise us on this, if we seek their counsel.  (Such as CCK law, Hill and Ponton, etc).  

I would suggest Vets SC for tinnitus, check with a law firm on this, Im not sure they have taken a public position on it yet, but I am quite sure that Vets getting 100 percent VA, and applying for social security risks "nothing", as far as benefits being taken away with subrogation.  I will let the lawyers figure that out.  

I may well look into this, when I get a bit more time.  Im not, however, just gonna assume Vets with tinnitus 10 percent will be taken away if they get something from this lawsuit.  It sounds like a complex issue for lawyers.  Im gonna let lawyers be lawyers, and I will stick to my main job..spoiling grandchildren.  

I suspect this would need to be evaluated on an individual basis.  As a hypothetical example, it would seem that a Veteran SC for tinnitus in 2006, but who had suffered from the malady since exit from service, "May" be entitled to compensation for the period to which they were "not" SC for tinnitus, and this could be substantial.  

"Thinking like VA", I know that you cant get dependent compensation for kids who are getting chapter 35.  However, you certainly can get compensation for dependents, say, until they go to college, which may or may not be their age 18.  So, you could get both chapter 35 and dependent comp, just not for the same period of time.  Remember, VA decisions give us an "effective date" of compensation, so we dont get paid for anything before the effective date.  Its plausible, we could be entitled to compensation prior to our effective date, for example.  

As always, its a bad idea to lie to VA, so you should disclose "if/when" you were compensated by VA for tinnitus, in the 3m lawsuit, at least provided that they ask.  If they dont ask, it may not be relevant, but I would check with a law firm first.  Get what you are entitled to, but break no laws and commit no fraud and dont lie is my motto.  That way, I sleep well at night.  

Edited by broncovet
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As far as Subrogation is concerned, I dosen't apply to getting both VA comp and SSDI.  Both of those are for loss of use, VA a percentage, and SSDI total loss.

But,  Subrogation would be for the medical services part.  I.e., if the Veteran went for a hearing test(s) and the VA paid for hearing aids, then those procedures, tests and products would be subrogated.  Operations for defective products are subrogated.

In my wifes lawsuit, there was a settlement, the lawyers took 40% off the top.  So, my wife's total was over 60K, but after the lawyers, I believe they held around 37K for her.  They immediately cut her a check for around 17K, with a hold on the balance for subrogation.  After a little more than a year, the lawyers had there own subrogation lawyers (cost 1600 bucks out of her winnings) whittle down Medicare from their original subrogation request for 39K to aroung 2400 dollars.  My wife got her remaining 17K two years after she got the first drop, which was over 5 years from the start of the lawsuit.  It was not technically a class action suit, but there was over 500 claiments, and one defective product, so there is that. 

BE CAREFULL as Medicare (probably VA) will send you the proposals and try to get you to say OK, but your subrogation lawyer is actually going back and forth with the Medicare subrogation person.  We were stuck at 5700 dollars for about six months, before they (Medicare) agreed to the 2400.  Remember, they started at 39K.  We were shocked and thought that we had won the lawsuit and had to pay them 2K, etc.

I don't know of any other manufacurer(s) lawsuit that parrallels this ear plug deal.  It would be interesting to here of any other from the past.

And the VA website has their own subrogation page which I posted above.  So, it's real.

FWIW,

Carl

 

 

 

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