But there is more reason for hope than after Judge Rodgers order on Wednesday. Why? Suing for 3M Military Earplug Injuries | Nolo The design of these earplugs was a comedy of errors. September 1, 2022: 3M noted its appeal of the bankruptcy ruling on Monday. Attorneys will conduct fact discovery in these hearing injury lawsuits and then the lawsuits will be returned to their home districts for trial. New 3M Earplug Lawsuit Updates In August 2022, the court allowed the case against 3M to continue despite the fact that the company's subsidiary Aearo, which manufactured the earplugs,. On Wednesday, the plaintiffs presented the testimony of Elliott Berger (via Zoom video call). 3M was aware that the dual-ended Combat Arms earplugs were a defective product but failed to disclose this to the military. That response came on Tuesday when Judge Rodgers issued an Order requiring 3M to participate in a new settlement mediation. The rejection of 3Ms bankruptcy gambit is on appeal to the Seventh Circuit. The trial is scheduled to last two weeks and will be conducted before Judge Robin L. Rosenberg at the federal courthouse in Pensacola. Yesterday, Judge Rodgers refused to grant 3M permission to file a sur-reply. 3Ms subsidiary, Aearo Technologies (which made the earplugs at the center of the litigation) filed a voluntary chapter 11 bankruptcy today and will seek to create a trust fund for settlement of the thousands of pending earplug claims. So the design flaw was that the earplugs stem needed longer for soldiers with large, or even average, ear canals. 3M could face billions of dollars in liabilities for the remaining earplug suits. After presenting short bits of video testimony from a handful of witnesses, 3M rested. If 3M was truly ready to get this litigation settled, there would be no need to involve the bankruptcy judge in that process. Rodgers used 3Ms public statements in support of the bankruptcy plan as justification for the settlement mediation redo. Bankruptcy Judge Jeffrey Graham denied 3Ms request. There were some real weaknesses in that case for the victim in terms of prior inconsistent statements and other causes it could point to as sources of his pain and suffering. This Vanderbilt doctor has testified before in this litigation. The Bankruptcy Court has scheduled a Status Conference to address the Motion to Dismiss recently filed by the 3M earplug MDL plaintiffs. January 21, 2023 Update: Mediators Christopher Sontchi and Randi Ellis updated the bankruptcy court in Indiana that they will have a settlement mediation in early February.. January 20, 2023 Update: MDL Judge M. Casey Rodgers issued an Order formally terminating the court-sponsored settlement mediation. The contact form sends information by non-encrypted email, which is not secure. 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. Of course. But none that matter. Our lawyers and many soldiers we have talked to agree with 3M on this point. The trial is set for two weeks. If nothing else, it is good momentum going into the 3M earplug settlement talks set to being on July 15, 2022. But these settlement amounts and timing predictions are just pure speculation. 3M also presented the jury with video deposition testimony clips from a handful of fact witnesses, including Heather Beal, the plaintiffs wife. Call 954-384-6114. There is also reason to be pessimistic. 3M began court-ordered negotiations in July 2022 with lawyers representing soldiers who used the earplugs. So here goes for old times sake. This ruling theoretically renders the Aearo bankruptcy appeal to the 3rd Circuit moot, as the MDL plaintiffs are now free to go after 3M separately. But a mass tort of this size has never had to face the logistical challenges that come with this many victims. Plaintiffs have been saying all along they want a fair settlement. Our 3M Lawsuit attorneys can discuss your legal rights in the 3M Earplug Lawsuit Payout. The MDL judge yesterday ordered over 20,000 lawsuits parked on the administrative docket transferred to the active docket within 60 days. 3M is the St. Paul-based manufacturer, and seller of an earplug called Combat Arms. But is the number 75% or 90%? February 22, 2023 Update: Judge Rodgers will hold a data day tomorrow in the 3M earplugs MDL at which the third-party claims administrator for the MDL (Brown Greer) will make a presentation summarizing the data collected about the hear-loss claims made by plaintiffs in the MDL. }} You can reach our earplug lawyers at 800-553-8082 for a free consultation. We do not think the stock market still! The bankruptcy judge was not persuaded, although he noted that a conflict could undoubtedly arise in the future and that K&E was navigating a minefield.. 3M Earplug Lawsuit | History of Litigation Is The 3M Earplug Lawsuit Worth It? - Class Actions Legal Blogs Posted Then suddenly the system is broken. Palanki was a 50-year-old Tennessee resident and veteran of both the U.S. Army and National Guard. Im sorry for all the rhetorical questions. But the MDL Judge flatly rejected the motion and criticized 3Ms lawyers for even bothering to file it. Currently, 3M is facing enormous pressure from the possibility of hundreds of trials next year. There is no risk or cost. The administrative docket helps lawyers on both sides. 3M Earplug Lawsuit Update: 3M is 0 for 3 After Losing $7.1 Million Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Over the last 30 days, another 2,604 new earplug cases were added to the MDL, bringing the current pending case count to 265,092, At its peak, the MDL was just under 300,000. Will this be the settlement value for the 3M lawsuits? In the first bellwether trial, the jury hit 3M with $7.3 million in punitive damages, but that was split between 3 plaintiffs. July 16, 2022 Update: Should you be optimistic or pessimistic going into the settlement talks heading into Day 2 today? The next bellwether trial begins today in the case of Denise Kelley. But if I was and I heard this presentation predicated on this delusional nonsense, I would short 3M stock like crazy. The important thing is that you call today so you do not risk missing the deadline to bring a lawsuit. April 7, 2022 Update: 3M presented two expert witnesses on Day 7: Jennifer LaBorde and Dr. John Casali. There is often turmoil on losing teams. Two more test trials are set for January 2022. Scores of lawsuits filed by service members soon followed. If you meet the criteria, our product liability lawyers can assist you in filing a 3M earplug lawsuit. A federal judge has declared 3M earplug lawsuit settlement efforts to be at an impasse after the manufacturer pulled out of negotiations to resolve hundreds of thousands of hearing loss claims. July 30, 2022: In a recently filed brief, 3M argued that its new bankruptcy strategy was necessary and justified because it claims that the earplugs MDL proceeding is broken beyond repair. 3M argued that the earplugs MDL is overrun with bogus claims by plaintiffs who are not being vetted and dismissed from the case. December 20, 2021 Update: Another bellwether test trial concluded last week in the 3M Combat Arms Earplugs litigation. July 28, 2022 Update: Does the Aearo bankruptcy mean 3M will get an automatic stay on continued litigation? I understand that submitting this form does not create an attorney-client relationship. June 29, 2022: Plaintiffs Luke Estes, Lewis Keefer, Stephen Hacker, and Lloyd Baker filed their response to 3Ms 11th Circuit appeal this week. That could change, however, because 3Ms lawyers have already asked the bankruptcy judge to order that Aearos automatic stay protection be extended to 3M. In addition to agreeing to hear the 3M bankruptcy appeal on an expedited basis, the 11th Circuit also granted 3Ms request to stay an order by earplug MDL Judge Casey Rodgers, which blocked 3M from challenging her MDL rulings in the Aero bankruptcy proceeding. The jury still awarded $2.2 million. Just last week the MDL Judge held a data day to review the DOD medical data. According to Judge Rodgers, both sides have dug in on their opposing data interpretations and the massive gap between the two results is what has prevented any meaningful settlement progress. Meanwhile, however, Judge Rodgers order means that thousands of earplug plaintiffs can avoid having to produce documents to support their claims and pay filing fees. 3M has filed similar motions in all of the previous bellwether trials and all of them have been denied. The result in Palanki marked the 2nd win in a row for 3M in the bellwether trials (the Blum trial also resulted in a defense verdict). The 3M earplug lawsuit will settle when 3M finally realizes that it cannot keep deferring the resolution of this litigation. March 10, 2022 Update: Yesterday, the plaintiff in the upcoming bellwether trial (Steven Wilkerson) scored a solid victory when Judge Casey Rodgers granted his motion for summary judgment on all but one of three 3Ms affirmative defenses. Wilkerson was seeking summary judgment on 3Ms 5 affirmative defenses (learned intermediary, superseding cause, failure to mitigate, open and obvious danger, and statute of limitations defense), all of which were governed by Wisconsin law. Berger was directly involved in the original product design and testing of the Combat Arms earplugs. 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. Dr. Packer told the jury that Sloan and Wayman suffered hearing damage during their time in the Army as a direct result of defects in the 3M Combat Arms earplugs. If 3M is allowed to move forward with the bankruptcy, the current earplug lawsuits will be automatically stayed and the current plaintiffs will become creditors. The bankruptcy court will appoint a plaintiffs lawyer committee to negotiate with 3M on a global settlement of all claims. Still, Judge Rodges deemed the mediation worthwhile and productive The court-appointed mediator is scheduling another mediation session within the next 14 days. Need an attorney for the 3M Earplug Lawsuit? So when will the 3M earplug lawsuit settle? Casali is 3Ms go-to expert, a foremost authority in audiology, acoustics, and hearing protection. What Is The Average Settlement For The 3M Earplug Lawsuit? Yet, there was nary a whisper that Aearo, and not 3M, was the only proper target, or even a target at all. One piece of bad news: the October 24th trial that was creating settlement pressure has been pushed back to February. Aearo and 3M remain focused on reaching an efficient, equitable, and expeditious . Time will tell. At the same time, the plaintiffs brief in response to 3Ms appeal is due in the 11th Circuit early next month. The motion is an effort to block any remaining hope 3M may have of forcing the litigation into bankruptcy via its Aearo subsidiary. ]}. 3M agreed to pay $9.1 million to the government to settle the government's complaint. November 1, 2022 Update: The judge in the 3M earplugs MDL is expected to rule very soon on the pivotal issue of whether 3M can be held solely and independently liable for the earplugs developed by its subsidiary Aero (which is filing bankruptcy). Instead of this week, Judge Graham will hold the hearing sometime between April 19-21. This prevents any proceedings from moving forward against Aearo in the earplug lawsuits, but not against 3M. May 19, 2022 Update: On the 8th day of trial, 3M put their expert, Dr. John Casali, on the stand. 3M subsidiary claims many military plaintiffs in earplug case did not The earplugs were never recalled, but 3M stopped making them in 2015. In June, a jury found 3M partially liable and awarded the Army veteran $1.05 million. The 7th Circuit panel found that the appeal warranted immediate review because of the large number of people it could impact and the critical precedent the decision will set. Personal Injury Leaders start your consultation NO FEE UNTIL WE WIN! Indeed, the expected average individual settlement amount is rising based on these three verdicts. How Do You Qualify For A Earplug Lawsuit? 3M claims the earplugs were safe. by Roy D. Oppenheim. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. As self-serving as it is to say, our lawyers get this question constantly. Posted on October 27, 2021 in Class Actions . You can read the transcript of this for yourself. But with these three trials completed, it is hard to say what will get 3M in more of a reasonable settlement posture. But if there is a settlement, it will be tough to find a lawyer after a settlement is reached. This information is included in Aearo's estimation motion filed in the U.S. Bankruptcy Court in Indianapolis. Berger was personally involved in the development and testing of the Combat Arms earplugs. This will be used by the jury to help calculate the appropriate amount of punitive damages to award (if any). }}, We may know more after the October 2022 settlement talks. That would allow 3M to appeal the decision separately and immediately, while the MDL remains on pause. In her memorandum order, Judge Rodgers explained that Wilkerson was entitled to summary judgment on four out of the five affirmative defenses. 3M will now be able to present certain arguments in the Aearo bankruptcy without the risk of being held in contempt of court by Judge Rodgers. You can call our attorneys at 800-553-8082. There is a real possibility this bankruptcy which drove 3Ms stock price through the roof when it was announced is much ado about nothing. Combat Arms Earplugs left veterans entirely unprotected from damaging high-level sounds. "acceptedAnswer": { The question most people reading this have is will the 3M earplug class action reach a settlement before this trial? Both Fallon and Crawford also spent over 20 years in the Army. The 6 plaintiffs who won their cases have been awarded damages totaling $29,429,925. Recently, however, a group of earplug plaintiffs filed a motion seeking to partially lift that stay with respect to all cases alleging injuries occurring after 3M acquired Aearo in 2008. That does not sound good, right? Are 3M earplug lawsuit individual settlement amounts going to go as high as these verdicts? I do not think even 3Ms lawyers believe it has much chance of success. This is the largest MDL in history. You can call us at 800-553-8082. Now retired, he was the former head of the 3M Personal Safety Division and an audiology scientist. 3M Earplug Lawsuit in Texas, Oklahoma, and Louisiana - Sneed & Mitchell The motion argues that Wilkerson failed to establish that his hearing loss was caused by the 3M earplugs. Counsel for 3M also filed a stipulation stating that the companys net worth is currently $12.39 billion (assets, presumably, the company is worth over $80 billion). July 26, 2022 Update: 3M is trying to play the bankruptcy card, placing Aearo into bankruptcy. Meanwhile, the huge verdict is bringing in more new soldiers who otherwise may have never heard of the claims. It is. Dr. Crawford is an ENT doctor who spent 24 years in the Army where he specialized in hearing protection. This works out to an average of $4.9 million per plaintiff. It is also a distraction from the path to a fair settlement that is in everyones interest. One of the main obstacles to a 3M earplug settlement is the massive number of plaintiffs (around 270,000). If you used 3Ms Combat Arms Earplugs in the military and have a severe hearing impairment, you may be entitled to financial compensation for your injury. This unwanted attention might help grease the wheels for settlement talks and a global compensation payout for victims. There are no guarantees. These data reinforce the need for parties to work together to reach a reasonable resolution, based in data and scientific evidence, that does right by veterans entitled to compensation and puts an end to this litigation, Charles Mullin, a claims valuation expert working for Aearo, said in a 3M news statement. No one knows, and the average value is impossible to estimate. Fallon holds a doctorate in audiology and works for 3M as a Technical Senior Service Specialist. Is The 3M Earplug Lawsuit Worth It? Judge Rodgers explained that the presentation will help educate plaintiffs lawyers not on the leadership committees about the nature and scope of the claims. Settlement talks are set for February 2023, as we explain in the January 20, 2023 update above. But it is not. Sloan filed a motion asking for prejudgment interest on the $15 million in compensatory damages. There have now been 7 bellwether test trials in the 3M earplugs litigation. July 18, 2022 Update: There was no global settlement in the 3M class action earplug lawsuit this weekend. May 4, 2022 Update: A new phase of the 3M earplug lawsuit is coming. December 15, 2021 Update: $22.5 million verdict in Finley last Friday. 3M is most likely going to lose this appeal, and the sooner that happens, the sooner meaningful progress on a global settlement can occur. October 11, 2022 Update: The 3M earplug plaintiffs filed a motion in the MDL asking for summary judgment on whether 3M can be held solely and independently liable for the earplug injuries. So failing to list the 3M lawsuit as an asset made zero difference. The primary theme of the presentation was that both sides have adopted different ways of interpreting the data regarding the hearing loss claims asserted by the plaintiffs. Rhodes casually brushed off the ruling by the Bankruptcy Court denying, which rejected 3Ms bankruptcy strategy. In Luke Vilsmeyers trial, the jury awarded $50 million yesterday. The plaintiffs are still in their case so dont expect a verdict soon. First, it's important to note that the circumstances of each of the thousands of cases vary greatly. 3M also complains that everyone is getting it wrong multiple judges, juries, and financial analysts. Palanki spent nearly two days testifying, during which the defense focused on his medical history. Berger was in the middle of every key piece of the relevant facts. February 14, 2023 Update: Yesterday, U.S. Bankruptcy Judge Jeffrey Graham postponed the hearing on the recent motion by the 3M plaintiffs seeking full and immediate dismissal of the Aearo bankruptcy. Veterans agree. After this trial, Judge Rodgers will send these lawsuits around the country to be tried in waves. This sounds like a bad thing, right? Text. The Court has already agreed to expedite the appeal. We were following the Wilkerson trial more closely and the jury is out in that case and will likely issue its verdict on Monday. Why 3Ms lawyers bother with this motion is anyones guess. These defective earplugs have led to hearing damage, tinnitus, and other conditions, according to thousands of service members. From there, he assumes the bankruptcy ruling will get overturned. These earplugs cost 85 cents to make. Again, veterans do not care if settlement talks occur, whether they are in bankruptcy court or the possibly soon-to-be dismissed bankruptcy action. That motion has to scare lawyers on both sides. Overview of the 3M Earplugs Litigation After the announcement in July 2018 that 3M paid the DOJ $9.2 to settle the qui tam lawsuits alleging that it sold defective earplugs to Army, thousands of veterans who had been living with hearing damage began filing product liability lawsuits against 3M. 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. Sloan was then cross-examined by 3Ms lawyers for about 90 minutes. These dismissals may seem like a setback for the plaintiffs, but they actually might help to facilitate a global settlement of the remaining earplug claims. The motion argues that the stay should not apply to these suits because they do not involve claims of direct liability against Aearo. Moreover, we have 220,000 plaintiffs. But it is also true that there is no cost to bring a claim and no risk. 3M has been saying all along that these claims should be resolved in bankruptcy court. This award brings the total amount of damages in the bellwether trials to $300 million. Actually, 3M lost $50 billion in market value. Dont you have to look in the mirror at some point? The judge in the earplugs MDL, Casey Rodgers, harshly rebuked 3M and its lawyers at a hearing on Wednesday. So the average trial a few had multiple plaintiffs results in an average payout of $30 million per trial. Berger, as every reader of these updates knows, is a former 3M audiology scientist and head of the 3M Personal Safety Division. This trial date was putting pressure on 3M to make a reasonable settlement offer and the delay will take away some of that exigency. Now it may be time for Plan B: a comprehensive, and still costly, settlement process for US soldiers who claim hearing damage.. ", They would not argue that. Ive said over and over that I believe 3M is a good company that just refuses, for whatever reason, to take an honest look and the exposure it has in this litigation. However, in 2018, 3M settled a whistleblower lawsuit and paid the Department of Justice $9.1 million for selling defective earplugs to the U.S. military. Plaintiffs claim the earplugs were defective, causing them hearing loss and tinnitus. Last week provided 3M earplug lawsuit verdicts in the 6th and 7th bellwether test trials in the ongoing 3M earplugs litigation, the largest consolidated mass tort in U.S. history. The biggest roadblock to a mass settlement with 3M at this point is the raw number of plaintiffs (290,779 before the recent dismissals). Is that point already apparent to everyone? It is hard to know how to interpret all of this. It might involve settlements for the lawsuit inventory of specific law firms, as opposed to a global settlement for all plaintiffs. 3M Earplug Lawsuit | 3M is 0 for 3 After Losing $7.1 Million Verdict on Earplugs. Our law firm is reviewing claims that meet the following criteria: If you meet these criteria, you must contact our office to get your 3M earplug claim filed. March 30, 2022 Update: Day 2 of the Denise Kelley trial featured 7 hours of testimony from Elliott Berger. This is good. The defense data demonstrates that approximately 85% of plaintiffs suffer from hearing loss or tinnitus, lead plaintiffs attorneys Bryan Aylstock and Chris Seeger said in a news statement. The average compensation payout for soldiers who were awarded damages is approximately $3.3 million. The 3M earplugs MDL is the biggest consolidated mass tort in history, but until now it has been off the radar. Nadler and Takano's proposed bill would set a maximum cap on Camp Lejeune attorney's fees at 20% if the case is resolved in a settlement during the 6-month administrative claim stage. In her Order staying the MDL, Judge Rodgers made clear will certify that decision for an immediate interlocutory appeal. If the best cases do not receive settlement offers commensurate with the harm done to them, those plaintiffs will just reject the settlement amounts offered and opt to go to trial. 3M has a choice. 3M previously agreed to pay $9.1 million to resolve allegations that it knowingly sold its earplugs to the Defense Logistics Agency without disclosing defects that decreased the hearing. August 23, 2022 Update: Judge Rodgerss stay on claims against 3M ends tomorrow. It is. The trial resumed on Tuesday. August 31, 2022 Update: 3M filed its long-shot appeal of the recent Bankruptcy Court ruling by Judge Graham that blocked its controversial attempt to force the earplug lawsuits to be resolved within a Chapter 11 bankruptcy proceeding. Judge Rodgers denied that motion. If you believe you may qualify for a 3M earplug lawsuit and need assistance filing a 3M earplug claim, call 1-800-525-7111 today. 3M hit with $8.2 million verdict in fourth military earplug trial I will put more up on this later but I wanted to get something posted so you all knew what was happening. Judge Rodgers stated that a perfectly solvent defendant such as 3M should not be entitled to bankruptcy protection simply because the MDL is not going the way it wants. Hopefully, later today or tomorrow, we are reporting on a large verdict for Mr. Sloan and Mr. Wayman. A ruling on this key issue wont happen until at least August 18, 2022. Does that mean the cases that deserve higher settlement compensation will get less? Jury verdicts and reported settlement amounts in other tinnitus or hearing loss cases suggest an average individual settlement compensation from $50,000 to $300,000 in compensation. But if you do not like the settlement amount you are offered, you can opt-out of the settlement and take your case to a jury. 3M argued that the earplugs MDL is overrun with bogus claims by plaintiffs who are not being vetted and dismissed from the case. This prompted lawyers for the MDL plaintiffs to argue that K&E could not simultaneously represent Aearo in its bankruptcy because it presented a conflict of interest. If you have a solid claim, you support this, too. So the U.S Trustee, the DOJs bankruptcy watchdog, was forced to intervene. But Judge Rodgers has been steadfast about dismissing claims that are not viable. But just before those settlement talks, 3M executives were making statements to investors and financial analysts indicating that they are still clinging to the belief that they can settle the litigation in the bankruptcy court. James M. Carr, be appointed as a second mediator in the MDL settlement mediation. Thursday morning on Day 4 in the Sloan/Wayman trial, the jury heard short video deposition testimony from three fact witnesses. What You Need to Know About the 3m Earplug Lawsuit Summary judgment on this motion might render that appeal moot. A trial scheduled for next month was dismissed, because the veteran's injury was "unrelated to noise-induced. Veterans care about fair compensation. Justice triumphs (this time). It is easy to forget that a sample size of one for an MDL class action of this size. (And if you know a fellow soldier who suffered a hearing-related injury that does not know of the litigation, call that soldier and tell him or her to call a lawyer. November 14, 2022 Update: The judge in the bankruptcy filed by 3M subsidiary Aero Technologies has ruled that 3Ms law firm, Kirkland & Ellis, can continue to represent Aero in the bankruptcy. Our lawyers have consistently said that the average settlement amount in the first round of settlement will average between $50,000 and $100,000. July 27, 2022 Update: 3Ms 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 claimants in this MDL are all veterans who have fought and sacrificed their lives for the sake of the country's honor. But the per-person payouts must be high enough to entice victims to settle. If you are 3M, you dont want to try that case. 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 fourth bellwether trial ended with a verdict in favor of Army veteran Brandon Adkins, who sought to link his hearing loss and tinnitus to use of 3M's earplugs. May 18, 2022 Update: We stopped updating the trials and got so blowback from soldiers and former soldiers who wanted an update on the last bellwether trial. Judge Casey Rodgers will hold a hearing tomorrow to learn about the details of 3Ms acquisition of Aearo Technologies (the subsidiary that is now filing for bankruptcy). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Because of the statute of limitations, you must reach out to a lawyer as soon as possible. The plaintiffs have subpoenaed Berger as a witness in all of the 3M bellwether trials because his testimony is critical to establishing that there were known design flaws in the earplugs and they were not fully communicated to the Army. Wayman is an Army veteran who is claiming that 3Ms defective earplugs caused him to develop tinnitus which has made his PTSD condition worse. Judge Rodgers stopped short of granting summary judgment on the statute of limitations defense and deferred ruling on that issue until the relevant facts have been presented at trial. He spoke to the jury about the hearing injuries suffered. "How do I qualify for a 3M earplug lawsuit?" February 27, 2023 Update: The federal government is with us. May 20, 2022 Update: Good golly! On Friday, 3M Earplugs MDL Judge Casey Rodgers issued an Order requiring the parties to participate in settlement mediation. If might want to bring a claim, hurry. The metric favored by 3M would result in a very large percentage of plaintiffs (as high as 85%) being classified as having no injury and excluded from any settlement.

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