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Litigation & Disputes

3M Earplug Lawsuit 2026: MDL Closed, Payouts Continue

The 3M earplug lawsuit grew into the largest mass tort case in U.S. history, and as of 2026 it has reached its final stage. The federal multidistrict litigation, MDL No. 2885, was completely dismissed on April 28, 2026, with all 391,283 filed cases closed and none left pending. Registration for the settlement is closed, and eligible claimants are being paid under a schedule that runs through 2029.

Quick Facts About the 3M Earplug Lawsuit

ItemDetails
Defendants3M Company, Aearo Technologies, and related entities
ProductDual-ended Combat Arms Earplugs, Version 2 (CAEv2), and related covered models
Main allegationsThe earplugs could loosen without the wearer noticing and failed to provide the expected hearing protection
Claimed injuriesHearing loss, tinnitus, and other hearing-related harm
Federal proceedingIn re: 3M Combat Arms Earplug Products Liability Litigation
DocketMDL No. 2885
CourtU.S. District Court for the Northern District of Florida
Presiding judgeU.S. District Judge M. Casey Rodgers
Total cases filed in the MDL391,283
Cases pending as of April 28, 20260
Settlement valueUp to $6.01 billion, payable from 2023 through 2029
Amount paid out so farMore than $3.03 billion as of early 2026

Can You Join the 3M Earplug Settlement Now?

No. There is no open claim form for someone who did not register during the enrollment window. Registration applied to identified claimants in the federal MDL and the coordinated Minnesota cases, and that window closed years ago.

Anyone who already registered should use the official Combat Arms Earplugs Settlement Program portal, run by administrator BrownGreer, or contact the lawyer who handled their claim. That portal is for tracking an existing claim, not for filing a new one.

Someone who never registered can still ask a lawyer to review whether any separate rights remain, but that is not the same as a new lawsuit or a new payout. 3M has said the agreement was structured to resolve nearly all outstanding U.S. claims tied to the earplugs.

What Did Service Members Allege?

Most claims centered on the dual-ended Combat Arms Earplug Version 2. Aearo Technologies began making the product around 1999, and 3M acquired Aearo in 2008. The military used CAEv2 as standard-issue gear in some branches during deployments between roughly 2003 and 2015, when 3M discontinued the product.

Plaintiffs alleged the earplugs were too short for some users, which let them loosen in the ear canal without an obvious sign. They said this cut hearing protection during loud training and combat conditions and led to tinnitus or permanent hearing loss. Complaints also pointed to inadequate fitting instructions and testing data that was not disclosed at the time of sale. 3M has maintained that the earplugs were safe and effective when fitted and worn correctly.

How the Litigation Became MDL No. 2885

These cases were never a single class action. The U.S. Judicial Panel on Multidistrict Litigation centralized the federal cases in the Northern District of Florida on April 3, 2019, so one judge could manage shared discovery and pretrial rulings while each plaintiff kept an individual claim.

Sixteen bellwether trials ran between 2021 and 2022. Plaintiffs won ten of them, with verdicts ranging from roughly $1.7 million to $77.5 million; 3M won the other six. In December 2022, Judge Rodgers issued a sanctions order after finding 3M had tried to shift responsibility onto Aearo despite years of treating the claims as its own. Around the same period, 3M’s Aearo subsidiary attempted a Chapter 11 bankruptcy filing that would have paused the litigation; the court refused to halt the cases. Those rulings raised 3M’s litigation risk heading into settlement talks.

What the $6.01 Billion Settlement Covers

The parties announced the settlement on August 29, 2023, covering close to 260,000 lawsuits pending in the MDL and the related Minnesota proceeding at that time. Reuters called it the largest mass tort settlement in U.S. history by case count. More cases were filed after that date, bringing the MDL’s lifetime total to 391,283.

The agreement set up expedited and deferred payment tracks, separate handling for cases already prepared for trial, and an Extraordinary Injury Fund for the most severe claims. The $6.01 billion figure is total funding, not a per-person payout; individual amounts depend on the payment track chosen, medical documentation, injury severity, attorney fees, and liens.

3M originally structured the funding as $5 billion in cash plus $1 billion in company stock, then irrevocably elected in January 2024 to pay the stock portion in cash instead. By March 2024, more than 99% of claimants had opted into the program, clearing the 98% participation threshold required to finalize it.

3M Earplug Lawsuit Timeline

DateDevelopment
1999–2015Aearo, later 3M, made and sold the covered dual-ended Combat Arms earplugs
July 20183M paid $9.1 million to resolve separate False Claims Act allegations with the Justice Department, without admitting liability
April 3, 2019Federal cases centralized as MDL No. 2885 in the Northern District of Florida
2021–2022Sixteen bellwether trials produced mixed verdicts; plaintiffs won 10
December 2022Court sanctioned 3M over its litigation conduct
August 29, 2023Parties announced a settlement of up to $6.01 billion
March 2024Participation exceeded 99%, clearing the threshold to proceed
August 2025Delaware Supreme Court ruled 3M’s insurers do not have to cover part of its earplug defense costs
March 2026A court-appointed Special Master found that problems with a batch of claims traced to failures at the submitting law firm, not the settlement program itself
April 28, 2026MDL No. 2885 fully dismissed; all 391,283 filed cases closed, zero pending
2026–2029Remaining settlement payments continue on schedule

The 2018 Government Settlement Was a Different Case

The $9.1 million Justice Department settlement in 2018 did not compensate individual service members. It resolved allegations that 3M violated the False Claims Act by selling the government earplugs it knew had a design flaw, without disclosing that flaw. The Justice Department said the government alleged the CAEv2 was too short for proper insertion for some users and could loosen unnoticed.

3M resolved that claim without any finding of liability. The mass-tort litigation that followed, and eventually became MDL No. 2885, was a separate track brought directly by service members and veterans seeking compensation for hearing injuries.

Where the 3M Earplug Case Stands in 2026

The 3M earplug lawsuit is now entirely in the payment-administration phase. The MDL court dismissed the last of its 391,283 filed cases on April 28, 2026, closing the docket at zero pending. According to the official settlement program, more than $3.03 billion had been distributed by early 2026, including full payment to everyone in the Early Payment Program and every Wave Case claimant.

That does not mean every dollar has moved yet. Deferred Payment Program claims are still being scored and paid out in batches through 2029, and the court continues to handle administrative matters, including disputes over how the common-benefit attorney-fee pool should be divided. A Special Master’s March 2026 report on a set of problematic claims from Ugandan claimants illustrates the kind of oversight still happening even with the docket closed; the report attributed those issues to the submitting law firm, not to the settlement system itself.

The court has repeatedly warned claimants about scammers posing as the settlement administrator and asking for Social Security numbers or dates of birth. No legitimate call from the program will request that information.

3M’s Response to the Allegations

3M has not admitted liability or wrongdoing at any point in the settlement process. The company maintains the earplugs were safe and effective when properly fitted and used, and says it agreed to the resolution to end the litigation and secure broad releases rather than continue litigating hundreds of thousands of individual claims one at a time.

The settlement folds in the bellwether verdict cases as well. It does not establish that every claimant was injured by the product or that every reported hearing condition was caused by the earplugs specifically.

Conclusion

The 3M earplug lawsuit has moved from a decade of litigation into full settlement administration: the federal MDL is closed, new registrations are not being accepted, and payments are rolling out on the schedule set in 2023. Anyone already enrolled should track their claim through the official portal or their attorney; anyone outside the program needs individual legal advice rather than assuming a new filing window will open.

Frequently Asked Questions

Is the 3M earplug lawsuit a class action?

No. The federal case was an MDL that coordinated individual lawsuits for pretrial purposes. It never combined every earplug user into a single class.

How much was the 3M earplug settlement worth?

3M agreed to pay up to $6.01 billion between 2023 and 2029. That is total program funding, not the amount any individual claimant receives.

Can I still file a claim in the 3M earplug lawsuit?

No. Registration closed years ago, and the MDL itself was dismissed on April 28, 2026. A lawyer can review whether any separate legal rights remain, but no new claims process is open.

When will 3M earplug settlement payments be finished?

Funding is scheduled through 2029. Individual timing depends on the claimant’s payment track, documentation, and any liens on the award.

What injuries were covered by the lawsuits?

Claimants primarily alleged tinnitus, hearing loss, and related hearing damage from using covered Combat Arms earplugs in military or other high-noise environments.

Did 3M admit the earplugs were defective?

No. 3M has not admitted liability and continues to say the products were safe and effective when used as intended.

How can someone check their payment status?

Registered claimants should contact the lawyer who handled their case or sign in to the official Combat Arms Earplugs Settlement Program portal. Ignore unsolicited calls asking for personal or financial details.

Sources to cite:

  • U.S. District Court, Northern District of Florida, MDL No. 2885 case page (flnd.uscourts.gov)
  • Official Combat Arms Earplugs Settlement Program (combatarmssettlement.com)
  • U.S. Department of Justice press release on the 2018 False Claims Act settlement
  • Reuters coverage of the August 2023 settlement announcement
  • AP News coverage of the settlement structure and cash/stock election
  • Bloomberg Law coverage of the Delaware Supreme Court insurance ruling
  • 3M Form 10-Q filings (SEC EDGAR) for reported settlement liabilities and payments

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