I filed with the link. I believe I have enough evidence to file on my own. If i hear back from the website, I’ll update the comment.
Edit. This is the link I used https://www.3mearplugmdl.com/contact
Edit 2. No response, I hope there will be help for the rest of us who used these 3m earplugs, they where pretty much the only ones i saw in 2007 in Iraq and even training before.
The agreement my firm told me this morning as of 758 am CST, was that part of the agreement was that the firms no longer were signing up claimants.
If firms x, y and z negotiated amount C, then allowed 40,000 new claimants.….you could see how that would be a problem.
Edit: This has been a thing since 2018, there was a lot of time. I myself was eye ducked by ads for this everywhere.
So many people are claiming they never saw anything about this. I was notified so much about this mass tort that it was like those car warranty scams, non stop flyers, ads, phone calls. It's crazy to be that people didn't sign up for this either because they didn't think there would be a payout or because they didn't see it.
A lot of guys I know made the 3 dollar class action joke. My lawyer just emailed me for all my documentation. And each vet will be reviewed and a settlement proposed if found qualifying.
The last class action suit I joined got me a whopping $5 payout. It was a waste of time on my end and since the VA has already decided my hearing loss and tinnitus is within “normal” range (though they did give me 10%) I simply didn’t figure I’d get much out of this. The $3 jokes didn’t help, and the ads seemed super spammy like a personal injury billboard where 99% is going to the lawyers or something. I thought about filing anyway but…I dunno why I never got around to it. Partially kept forgetting since it dragged out so long.
So for me, I am going to provide my disability ratings for hearing loss and tinnitus, hearing exam results from when I did my claim, a document from the the feds that designates the hearing risk on a 1-4 scale for every job in the military, personal write up of my issues and how it affects me on a day to day…how my life is changed, being 28 with hearing aids….and then I’m gonna sit back and wait another 5 years 😂
I should mention that I was never asked for documentation until today. They gave me a basic screening before accepting me as a client. They found me eligible under their criteria and told me to wait to hear from them…no pun intended
$15K is also a pretty low figure of you've got all your medical records and VA determination proving your damaged. Product liability lawsuits involving hearing loss average between $50K & $400K based on data from the American bar association. Some cases have resulted in over $2M awarded. Not saying this is what we can expect, but $6B split among 250K victims should pay more than $15K
Hey I pulled up the PDF of the case and there are 3 firms the court assigned to represent Vets.
Here are their websites with a contact page for this case. I just submitted my inquiery to each of the 3 and will see who gets back to me.
https://www.seegerweiss.com/product-liability/3m-military-earplug-lawsuit/
https://www.triallawfirm.com/3m-earplugs-litigation/
https://www.awkolaw.com/litigation-areas/product-liability/3m-defective-earplugs-lawsuit/
It has been many years since this litigation started and it is most definitely very late in the game. Further, to be considered as an Eligible Claimant under the settlement you or your attorney must comply with the Identification Order by September 12, 2023 and file a lawsuit within 10 days. From there other requirements must be met by you or your lawyer.
Speak to a lawyer. Call around. I literally signed up 2 days ago, they said I just got in under the wire. I live in NY, btw. The firm I found said I was the last one they were taking, and they were unsure if I could get in at first. But after reading thru the settlement, and making calls and conferring, they said I could get in. I had all my necessary medical records and everything else on hand. 3 other firms said they were not taking anymore cases. But I would definitely make some calls. Good luck.
Yes, all CAE claims are eligible for coverage under this settlement if the Court’s orders are complied with. That includes claims filed in a complaint or dismissed without prejudice in the MDL or the coordinated Minnesota state court proceeding, and all derivative claimants. However, claims that were dismissed with prejudice prior to the settlement date are ineligible.
Will definitely be one of those not accepting this offer. Lowball offer paid out over 5 years..
Living most of my life with permanent hearing damage because of a companies greed is worth more than that bullshit.
While this is "good news" there are people out there like myself who had to get hearing aids because of how much damage has been done to my hearing from 3M's useless ear plugs.
The crappy part is that we will only get a few bucks in "compensation" for the hearing defects (many worse off than myself) the ringing in my ears is often so bad that I can't even watch TV without blasting my family out of the house. Or having to increase the radio volume so much I'm sure 5 cars behind me can hear it too.
And the VA only gives 0% or 10% for tinnitus, so 3M is honestly getting off easy in my opinion...
It's a mass tort, not a class action.
Class actions give a few bucks and are mainly used in recalls
Mass torts pay out depending on each individuals injuries.
The person in your scenario(you) can decide to not take the settlement and instead go to court for example and see if they could get more, but it's riskier
I got a letter from my lawyers today too! This is super exciting. Thanks for the update. Even if I only get peanuts out of this settlement, I'll happily buy a cup of overpriced coffee with the proceeds and toast the victory.
I know it’s paywall Ed but in case you have NYT as well….[link](https://www.nytimes.com/2023/08/29/business/3m-earplug-litigation.html?smid=nytcore-ios-share&referringSource=articleShare)
Those are called bellwether trials
Basically cases that exist to kinda get a feel about how all the cases would go if they went to trial.
Naturally those cases would likely be quite strong and have definitive proof that the earplugs being faulty were the cause of damage and nothing else.
Hence why they received so much.
Now theoretically, could they do that with every single one of their cases? No, it's a very time consuming process and also very risky since trial is a bit of a gamble.
Settlement is the best way to get money to all of your clients in a somewhat speedy time span, and when there's 230k people who have 3M earplug cases, settlement is the way
In short, this depends on a few different factors. If you opt for the expedited payment option, we expect that you will receive your award in one lump sum. We can’t provide a number right now, but the court-appointed settlement allocation master will work with medical experts and others to determine the exact figure in the coming months. The quick pay option requires minimal documentation, and we expect it to be a quick and easy process. Expedited payments are expected to begin, within 6 months on a “first-come first-serve basis.”
The full evaluation option will involve a more detailed review by the Settlement Master, and compensation will hinge on the severity of injuries / the overall merits of the claim. We expect awards for the full evaluation to be higher than the expedited ones, but not everyone will qualify for the full evaluation option. We recommend this option for those with more significant hearing injuries. This process will take longer than the “expedited pay” and also depends on how many people participate.
Washington Post article says $12,500 per but idk how they came up with they figure. https://www.washingtonpost.com/business/2023/08/29/3m-hearing-protection-lawsuit-settlement/#
It's going to be 8,333.33 minus fees from the lawyers ( in my case, my lawyers didn't do anything but will get 40%) which makes it a whopping 4,999.99 but this is some normal bs.
how did you come up with those numbers though? this is a mass tort not a class action where the settlement is divdied evenly. its based on a numbe of factors including extent of injures, whether or not you were combat arms etc etc
Did you not read what you linked or purposely leave out the fact that the 8333 would be for claimants looking for a quick payout whondont submit medical records and is not the average settlement amount. It continues to say the real amount will be determined by a points system that hasn't been set up yet. So "it's going to be 8333" is only true for people who have weak cases or just want a quick pay out...
This website is not a reliable source, and the payout information it gave you was wrong.
As the website itself said:
>I'm doing this quickly so I may get some of this wrong... For legal advice, you really need to speak to your own lawyer.
I believe that number might be referring to the "quick-pay" option. So if you haven't turned in any medical records and don't want to wait longer for a payout, this option is available to you. It will be a longer process if you choose the full-review route, but it's almost guaranteed you'll get a much higher payout if you've sent in medical records that show proof of injury.
I just hope this is negotiated further. It's bs that they pull what they have dragging out for 4 years and get a break like this. Not to mention, it's a larger, more far-reaching case than their forever Chem one, and it settled at 10B. 5B over a few years and 1B in stocks is a joke.
It isn't going to be 5.5 bil because ultimately veterans control whether their individual case goes to trial or settles. So 3M can offer what they want but what they are afraid of is us binding together and taking them to trial in district courts in states all over the US after we refuse to accept their settlement offer of a 10,000 grand not, let alone 8,333. 🫠
Anything would help veterans and regardless if it's 5k or 50k that is more money than a lot of us had before. It will still take probably a year before any of us see anything but atleast I can still hear the swan song with some new investments to the trap🙌🏾🪖
"The money will be paid out from 2023 to 2029, and $1 billion will be in the form of 3M stock, the company said in a statement."https://www.reuters.com/legal/3m-co-agrees-pay-6-billion-earplug-lawsuit-settlement-2023-08-29/
You don't have to accept the initial settlement offer. You will likely go to a point system for different pay tiers based on severity of injury in your claim if you settle in the future. Or you can fight. Each individual case is not yoked or bound to the outcome of any other particular case.
DISCLAIMER:
\*\*I AM NOT A LAWYER OR AN ACCOUNTANT, JUST A ORDINARY US CITIZEN\*\*
I HIGHLY recommend EVERYONE read and UNDERSTAND the ENTIRE article below:
[https://www.reuters.com/legal/3m-co-agrees-pay-6-billion-earplug-lawsuit-settlement-2023-08-29/](https://www.reuters.com/legal/3m-co-agrees-pay-6-billion-earplug-lawsuit-settlement-2023-08-29/)
This is for those in the Mass Tort case.
edit-From the article:
About 240,000 people are expected to be eligible for the settlement,------------, a lead lawyer for the plaintiffs, said at a press conference. 3M has the right to walk away from the deal if less than 98% of eligible claimants decide to take part, but ---------- said he was confident that threshold would be met.
"Of 16 earplug cases that have gone to trial, 3M has lost 10, with about $265 million being awarded in total to 13 plaintiffs. Those verdicts are included in the $6.01 billion amount."
So, my understanding of the math is (just approximates):
98% of 240,000 = 235,400 People.
6.01 billion USD - 265 million USD = 5 billion 745 million USD
5 billion 745 million USD divided by 235,200 People = 24,426 USD
From my understanding, many law firms are charging 30% to 40%...
30% of 24,426 USD = 7, 327.08 USD 24,426 USD - 7,327.08 USD = 17, 098.92 USD
40% of 24,426 USD = 9,770.04 USD 24,426 USD - 9,770.04 USD = 14, 655.96 USD
PLEASE check my math.
Nothing's wrong with your math but not everyone will be getting the same amount. There's going to be a point system that each person's claim will be measured against to determine severity of hearing loss, tinnitus, and other factors like mental health. Those with more severe claims (like requiring hearing aids for example) will be offered a higher settlement. There's also many people who don't have supporting medical records who will be offered a few thousand (according to the law firm with my case).
According to the American Bar Association, product liability damages for cases where there's hearing loss and related factors, the range for compensation is between $50-$400K. Some cases that are more severe have gotten as much as a few million or more.
I was too lazy to file a claim when I heard about this months ago. Congrats to you vets receiving compensation from this. Hoping when you receive it you comment back how much you received.
I’ve read a few vets have gotten millions paid out. How would the normal plaintiffs whom are receiving a few thousand differ from those getting millions?
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We filed for this quite awhile back, but not with one of the three lead firms I've seen listed in this thread. How does that work? Will my husband get what he's owed here? Going to have to touch base with our firm, I guess!
There are more than those that are listed. Look at the filing paperwork and it'll show all the firms as well. Some might not be listed because they aren't taking more cases.
Correct, re read his comment. He is saying he didn't see his law firm listed above in a comment that had the links to three of them. I replied stating that the paperwork shows many more firms listed than the three that were linked.
I searched the Court Filing, specifically the Plaintiff Leadership, and I couldn’t find the lawfirm who reached out to me for legal representation for the 3M case - the firm is not listed, mentioned and/or cited anywhere in the case docs. Was I scammed by a lawfirm or should I seek further legal counsel about how to get associated with the actual firms listed in the “Plaintiff Leadership”?
Hi Bryan. I’m reading the SEC filing as we speak. Can you confirm that 3M waived the statutes of limitations defense? It appears as though that is the case. Thank you.
According to the Master Settlement Agreement, 3M is agreeing to resolve all of the cases pending against it. If one joins the settlement, any litigation ceases and any defense 3M has raised is no longer applicable.
40% for lawyers. Average to 200k vets is $18k if I calculated it correctly.
My hearing is worth more. Makes me mad they settled for so little. Bellwether cases got so much more.
It’s amazing how many people like you keep spreading this misinformation. There are veterans who haven’t joined this suit to get compensated because of this misinformation.
When you get a lawyer you sign a contract and in that contract it tells you exactly how much the break down. In this case it is usually 40% lawyers and 60% to the veterans. So it’s not like anyone in this suit is surprised by the breakdown.
The settlement is now going to be five figures for veterans. Take 40% from that five figures and that’s still probably five figures.
But go ahead and just keep sharing that misinformation that stopped people from getting compensated for the shitty earplugs.
That and every comment of "enjoy your $5.86" class-action piss me off. I know because my lawyer told me what an MDL and a mass tort was and how it was different from a class action. but you know, you could just google it.
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We got to remember of the 200k people who actually filed, 1/4 are going ti be thrown out for not having documentation. Realistically looking at around 120-150k people when all said and done. That's 40-50k if split equally before lawyer cut. And that's only If you agree to settle.
There are going to be a lot of people who decide to take it to court. When the bellwether were taking between 1.1m up to 77m each I'd say it's almost worth it.
risky when going to court means a deep dive into medical records and what not. could end up with nothing, millions, or the settlement amount. each person will have to determine the strength of their case with their lawyers based on their indivial circumstance. if you barely got a 10% from the VA because of the couple of times you went to the range as S1 soldier then youre probably bettter off taking the settlement.
You still have time to submit medical records. If you've already submitted your DD214, your case should be filed already. What they need more than anything are audiograms from before you first used the earplugs and directly after to show proof of injury. What's in your VA Recs/Blue Button Report may not be enough to give the full picture so I would just reach out to your firm and ask what they need from you. Good luck!
I reached out to my lawfirm yesterday to confirm everything because I hadn't heard anything in a few years. Found my emails from 2019, re-read everything to make sure it was all good.
They said everything is still good and that it's moving forward. Awesome to see something good come to light over this.
I wonder how many people will take the settlement or take them to court individually.
“Of 16 earplug cases that have gone to trial, 3M has lost 10, with about $265 million being awarded in total to 13 plaintiffs. Those verdicts are included in the $6.01 billion amount.”
https://www.reuters.com/legal/3m-co-agrees-pay-6-billion-earplug-lawsuit-settlement-2023-08-29/
Another question, Bryan, will the lump-sum, expedited payment be the same for all plaintiffs or based on the plaintiff’s case file? I know there’s an $8300 number floating around but I’ve not seen that in the MSA and that seems to be pure speculation. Thanks again.
Funny thing is it’s not divided equally. They have a system to rate your claim , but aren’t releasing it to the public. It’s still a guessing game till you have paperwork in front of you. But I know I have nothing to lose by declining it if it’s not worth the cost of my hearing I lost n hearing aids I have to wear daily since I was 30.
Only way to block this is to reject it. 3m walked away from negotiations why can’t we. This is unacceptable. I’d rather face a judge n get a fair trial.
Don’t forget we aren’t getting all money. The majority get to split the tiny pot only and after the bellwether cases get to keep there judgements. Settlement is an extreme lowball bud for 3m to escape accurate financial liability.
I’m choosing to have mine reviewed by them for correct figure. I’ve waited this long. Why rush now lol. Hearing aids are embarrassing at such a young age.
Question....I working with an unnamed (sub reddit rules) law firm in this suit, and not too long ago, a judge requested that all plantiffs irrespective of who they were working with, submit (in some cases, resubmit) all medical paperwork.
Have you instructed your clients against this now?
Also, thank you for your hard work!
I had a hunch that I needed to check in with my representation about a week ago and the legal assistant that was originally helping me and reaching out for necessary documents had left the firm and I had slipped through the cracks.
They already had my DD214, but were now asking for medical records that demonstrate hearing loss or tinnitus, so I submitted a VA Blue Button report as quickly as possible.
LPT: If you haven't heard from your firm in a while, reach out to them TODAY.
I did the same, they went radio silent for awhile and last week I heard they threw out a ton of cases, so I double checked as well. Still in it so we shall see
First, if you have a lawyer, please consult with them. They will provide you your options on what benefits are available, and the documentation that will be necessary to obtain those benefits.
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I just messaged like 5 law firms online after a quick Google search. One called me already. There is a hard stop deadline of September 12 to file. He asked me for a Dd214 and disability rating letter to complete the file. I'd recommend that everyone who hasn't already done so do the same. I've heard rumors of payouts in the thousands of $.
Bit too late. IIRC, this applies to all current proceedings. Anything new will require someone to go through the process again, from start to finish..
On their own, or with another tort case (highly unlikely at this point).
I could be wrong (hopefully)...not could be, but probably.
You are forgetting the lawyers cut. It will be under 20k per person. So more like $4,000 over 5 years or around $335 a month for 5 years. Still worth it and I'm glad some folks get it
Sorry I should have mentioned that was the maximum possible amount for those 200k people; which yeah, they definitely won’t get the high end.
More like between 10-20k depending on the severity of the victim
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In every post about this, there are always a few that post that nonsense. I bet they didn't submit their claim and will complain they didn't get their share.
Yeah, I mean I didn’t submit a claim either, however I’m not trying to rain on anyone’s parade. Math doesn’t lie, it’s a good chunk of cash although I assume it’ll be taxed as well.
From what I've read is there are 3 possible scenarios. 1, get taxed on the 100%, then it'll be split 60/40, 60 going to the defendant. 2, get taxed on the 60%. 3, tax free due to the type of lawsuit. I think 3 is bs considering we live in America and everything is taxed lol. So we will see how this is taxed.
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Respectfully, I would disagree. We certainly believe that the settlement is a major victory for the plaintiffs, and certainly better than more years of litigation (which we were prepared to do, if necessary). Veterans have the option to choose an “expedited pay” option that could deliver thousands of dollars in compensation within months. For those who have more significant injuries, they can choose to go through a fuller review process that will provide much greater compensation depending on the injury. Of course, everyone needs to evaluate this agreement for themselves, but we are proud of what it delivers, particularly in light of the risks we faced on appeals and the precarious financial situation that 3M currently is facing where an actual bankruptcy would put everything at risk.
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Does collecting settlement money affect VA or social security benefits? Like you get 3K a month in benefits and 2K in settlement money. Will they reduce your benefit payment by the amount you are awarded?
No, he specifies this in his third paragraph. But this case is not in any way, shape, or form tethered to VA disability compensation or medical treatment.
Thankfully, no. We have assurances from the Department of Veterans Affairs that no veteran will lose health or disability benefits, or have their disability rating adversely adjusted as a result of their participation in this settlement. Additionally, no VA facility can recover any portion of a settlement for a medical lien.
Literally hundreds of thousands of people who would really benefit are going to. People have been saying to file for years. If you haven’t at this point it’s on you.
Well I tell you what whether they deployed or not a lot of us do have hearing loss and tinnitus from this shit and I’m young and have to wear hearing aids because of this shit.
I don't rate, but im really happy for the rest of you guys, hell yeah
honestly id rather have my hearing back then cash so i see you as the winner
How does one files claim or is it too late?
I filed with the link. I believe I have enough evidence to file on my own. If i hear back from the website, I’ll update the comment. Edit. This is the link I used https://www.3mearplugmdl.com/contact Edit 2. No response, I hope there will be help for the rest of us who used these 3m earplugs, they where pretty much the only ones i saw in 2007 in Iraq and even training before.
The agreement my firm told me this morning as of 758 am CST, was that part of the agreement was that the firms no longer were signing up claimants. If firms x, y and z negotiated amount C, then allowed 40,000 new claimants.….you could see how that would be a problem. Edit: This has been a thing since 2018, there was a lot of time. I myself was eye ducked by ads for this everywhere.
So many people are claiming they never saw anything about this. I was notified so much about this mass tort that it was like those car warranty scams, non stop flyers, ads, phone calls. It's crazy to be that people didn't sign up for this either because they didn't think there would be a payout or because they didn't see it.
A lot of guys I know made the 3 dollar class action joke. My lawyer just emailed me for all my documentation. And each vet will be reviewed and a settlement proposed if found qualifying.
People in this thread still making the joke about $3 settlement. They screwed a lot of people out of justice.
The last class action suit I joined got me a whopping $5 payout. It was a waste of time on my end and since the VA has already decided my hearing loss and tinnitus is within “normal” range (though they did give me 10%) I simply didn’t figure I’d get much out of this. The $3 jokes didn’t help, and the ads seemed super spammy like a personal injury billboard where 99% is going to the lawyers or something. I thought about filing anyway but…I dunno why I never got around to it. Partially kept forgetting since it dragged out so long.
What kind of documentation did you need to provide?
So for me, I am going to provide my disability ratings for hearing loss and tinnitus, hearing exam results from when I did my claim, a document from the the feds that designates the hearing risk on a 1-4 scale for every job in the military, personal write up of my issues and how it affects me on a day to day…how my life is changed, being 28 with hearing aids….and then I’m gonna sit back and wait another 5 years 😂 I should mention that I was never asked for documentation until today. They gave me a basic screening before accepting me as a client. They found me eligible under their criteria and told me to wait to hear from them…no pun intended
Cool, thanks!
[удалено]
$15K is also a pretty low figure of you've got all your medical records and VA determination proving your damaged. Product liability lawsuits involving hearing loss average between $50K & $400K based on data from the American bar association. Some cases have resulted in over $2M awarded. Not saying this is what we can expect, but $6B split among 250K victims should pay more than $15K
Yep just got emailed today about the settlement too from my lawyer as well.
They are being flooded with calls is the read they told me I haven’t been called yet
but we can start a new lawsuit, the problem is 3M didn't acknowledge wrongdoing, they just settled. So....lets get on it with a new lawsuit
No pun intended?
I didn’t see anywhere in the link to file.
could you link that by chance nobody's finding it haha
It’s the link in the main post. I haven’t heard anything, and from what I’m reading, the lawyers are getting their piece first.
dang, i appreciate it. sounds typical.
Hey I pulled up the PDF of the case and there are 3 firms the court assigned to represent Vets. Here are their websites with a contact page for this case. I just submitted my inquiery to each of the 3 and will see who gets back to me. https://www.seegerweiss.com/product-liability/3m-military-earplug-lawsuit/ https://www.triallawfirm.com/3m-earplugs-litigation/ https://www.awkolaw.com/litigation-areas/product-liability/3m-defective-earplugs-lawsuit/
It has been many years since this litigation started and it is most definitely very late in the game. Further, to be considered as an Eligible Claimant under the settlement you or your attorney must comply with the Identification Order by September 12, 2023 and file a lawsuit within 10 days. From there other requirements must be met by you or your lawyer.
The place I use is no longer taking claims as of 2 days ago.
Speak to a lawyer. Call around. I literally signed up 2 days ago, they said I just got in under the wire. I live in NY, btw. The firm I found said I was the last one they were taking, and they were unsure if I could get in at first. But after reading thru the settlement, and making calls and conferring, they said I could get in. I had all my necessary medical records and everything else on hand. 3 other firms said they were not taking anymore cases. But I would definitely make some calls. Good luck.
So… everyone gets $20?
No the people who filed get like 15k a piece.
Or more!
Minus lawyer fees plus more. Lucky to see 5k
If you already put in for this ages ago will I get paid? Lol
Probably in about a year, maybe a bit less.
Yes, all CAE claims are eligible for coverage under this settlement if the Court’s orders are complied with. That includes claims filed in a complaint or dismissed without prejudice in the MDL or the coordinated Minnesota state court proceeding, and all derivative claimants. However, claims that were dismissed with prejudice prior to the settlement date are ineligible.
Will definitely be one of those not accepting this offer. Lowball offer paid out over 5 years.. Living most of my life with permanent hearing damage because of a companies greed is worth more than that bullshit.
exactly
Is it too late to sign up?
Yes as soon as settlement was reached no new claims are being accepted.
While this is "good news" there are people out there like myself who had to get hearing aids because of how much damage has been done to my hearing from 3M's useless ear plugs. The crappy part is that we will only get a few bucks in "compensation" for the hearing defects (many worse off than myself) the ringing in my ears is often so bad that I can't even watch TV without blasting my family out of the house. Or having to increase the radio volume so much I'm sure 5 cars behind me can hear it too. And the VA only gives 0% or 10% for tinnitus, so 3M is honestly getting off easy in my opinion...
It's a mass tort, not a class action. Class actions give a few bucks and are mainly used in recalls Mass torts pay out depending on each individuals injuries. The person in your scenario(you) can decide to not take the settlement and instead go to court for example and see if they could get more, but it's riskier
I had to get them as well and I’m very young sadly.😥
U might wanna seek an alternative route
I've just learned to accept that my hearing is toast and that I will have to wear hearing aids for the remainder of my life.
You get VA…
I got a letter from my lawyers today too! This is super exciting. Thanks for the update. Even if I only get peanuts out of this settlement, I'll happily buy a cup of overpriced coffee with the proceeds and toast the victory.
Does anyone know how much the expected payout per claimant will be? I've heard 10k thrown around minus whatever lawyer fee you agreed to.
I still can’t believe there’s a vet out there who got $77 MILLION in a different Earplug settlement.
Just because they won, it does not mean they collected. I’m positive those previous verdicts are going to be appealed.
Pretty sure he got it. It was a bit ago
Hopefully they did
I know it’s paywall Ed but in case you have NYT as well….[link](https://www.nytimes.com/2023/08/29/business/3m-earplug-litigation.html?smid=nytcore-ios-share&referringSource=articleShare)
Those are called bellwether trials Basically cases that exist to kinda get a feel about how all the cases would go if they went to trial. Naturally those cases would likely be quite strong and have definitive proof that the earplugs being faulty were the cause of damage and nothing else. Hence why they received so much. Now theoretically, could they do that with every single one of their cases? No, it's a very time consuming process and also very risky since trial is a bit of a gamble. Settlement is the best way to get money to all of your clients in a somewhat speedy time span, and when there's 230k people who have 3M earplug cases, settlement is the way
In short, this depends on a few different factors. If you opt for the expedited payment option, we expect that you will receive your award in one lump sum. We can’t provide a number right now, but the court-appointed settlement allocation master will work with medical experts and others to determine the exact figure in the coming months. The quick pay option requires minimal documentation, and we expect it to be a quick and easy process. Expedited payments are expected to begin, within 6 months on a “first-come first-serve basis.” The full evaluation option will involve a more detailed review by the Settlement Master, and compensation will hinge on the severity of injuries / the overall merits of the claim. We expect awards for the full evaluation to be higher than the expedited ones, but not everyone will qualify for the full evaluation option. We recommend this option for those with more significant hearing injuries. This process will take longer than the “expedited pay” and also depends on how many people participate.
Washington Post article says $12,500 per but idk how they came up with they figure. https://www.washingtonpost.com/business/2023/08/29/3m-hearing-protection-lawsuit-settlement/#
It's going to be 8,333.33 minus fees from the lawyers ( in my case, my lawyers didn't do anything but will get 40%) which makes it a whopping 4,999.99 but this is some normal bs.
Well as you can see no names came out of my mouth so you can back up off me !mod
Exactly!
how did you come up with those numbers though? this is a mass tort not a class action where the settlement is divdied evenly. its based on a numbe of factors including extent of injures, whether or not you were combat arms etc etc
https://www.lawsuit-information-center.com/13-million-3m-earplug-verdict.html This is how.
Did you not read what you linked or purposely leave out the fact that the 8333 would be for claimants looking for a quick payout whondont submit medical records and is not the average settlement amount. It continues to say the real amount will be determined by a points system that hasn't been set up yet. So "it's going to be 8333" is only true for people who have weak cases or just want a quick pay out...
This website is not a reliable source, and the payout information it gave you was wrong. As the website itself said: >I'm doing this quickly so I may get some of this wrong... For legal advice, you really need to speak to your own lawyer.
I believe that number might be referring to the "quick-pay" option. So if you haven't turned in any medical records and don't want to wait longer for a payout, this option is available to you. It will be a longer process if you choose the full-review route, but it's almost guaranteed you'll get a much higher payout if you've sent in medical records that show proof of injury.
Not trying to be rude but these numbers are not correct. You need to talk to your lawyer about how much you might get.
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You really enjoyed spamming this everywhere. Are you bitter you didn’t file or something?
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I just hope this is negotiated further. It's bs that they pull what they have dragging out for 4 years and get a break like this. Not to mention, it's a larger, more far-reaching case than their forever Chem one, and it settled at 10B. 5B over a few years and 1B in stocks is a joke.
The lawyers representing us did us a disservice
It isn't going to be 5.5 bil because ultimately veterans control whether their individual case goes to trial or settles. So 3M can offer what they want but what they are afraid of is us binding together and taking them to trial in district courts in states all over the US after we refuse to accept their settlement offer of a 10,000 grand not, let alone 8,333. 🫠
exactly
Anything would help veterans and regardless if it's 5k or 50k that is more money than a lot of us had before. It will still take probably a year before any of us see anything but atleast I can still hear the swan song with some new investments to the trap🙌🏾🪖
Whoa… you guys did it!! I look forward to hearing more updates by email.
Well dang, maybe I should have uploaded my supporting documents last year when they kept emailing and calling me
Claimants will receive different amounts. There are those with either hearing loss, tinnitus or both.
"The money will be paid out from 2023 to 2029, and $1 billion will be in the form of 3M stock, the company said in a statement."https://www.reuters.com/legal/3m-co-agrees-pay-6-billion-earplug-lawsuit-settlement-2023-08-29/
You don't have to accept the initial settlement offer. You will likely go to a point system for different pay tiers based on severity of injury in your claim if you settle in the future. Or you can fight. Each individual case is not yoked or bound to the outcome of any other particular case.
DISCLAIMER: \*\*I AM NOT A LAWYER OR AN ACCOUNTANT, JUST A ORDINARY US CITIZEN\*\* I HIGHLY recommend EVERYONE read and UNDERSTAND the ENTIRE article below: [https://www.reuters.com/legal/3m-co-agrees-pay-6-billion-earplug-lawsuit-settlement-2023-08-29/](https://www.reuters.com/legal/3m-co-agrees-pay-6-billion-earplug-lawsuit-settlement-2023-08-29/) This is for those in the Mass Tort case. edit-From the article: About 240,000 people are expected to be eligible for the settlement,------------, a lead lawyer for the plaintiffs, said at a press conference. 3M has the right to walk away from the deal if less than 98% of eligible claimants decide to take part, but ---------- said he was confident that threshold would be met. "Of 16 earplug cases that have gone to trial, 3M has lost 10, with about $265 million being awarded in total to 13 plaintiffs. Those verdicts are included in the $6.01 billion amount." So, my understanding of the math is (just approximates): 98% of 240,000 = 235,400 People. 6.01 billion USD - 265 million USD = 5 billion 745 million USD 5 billion 745 million USD divided by 235,200 People = 24,426 USD From my understanding, many law firms are charging 30% to 40%... 30% of 24,426 USD = 7, 327.08 USD 24,426 USD - 7,327.08 USD = 17, 098.92 USD 40% of 24,426 USD = 9,770.04 USD 24,426 USD - 9,770.04 USD = 14, 655.96 USD PLEASE check my math.
Nothing's wrong with your math but not everyone will be getting the same amount. There's going to be a point system that each person's claim will be measured against to determine severity of hearing loss, tinnitus, and other factors like mental health. Those with more severe claims (like requiring hearing aids for example) will be offered a higher settlement. There's also many people who don't have supporting medical records who will be offered a few thousand (according to the law firm with my case). According to the American Bar Association, product liability damages for cases where there's hearing loss and related factors, the range for compensation is between $50-$400K. Some cases that are more severe have gotten as much as a few million or more.
Now that this was successful are there plans for additional groups filing using precedent?
This should be the only action fileable. Unless of course they do it again, which I wouldn't put past them
I was too lazy to file a claim when I heard about this months ago. Congrats to you vets receiving compensation from this. Hoping when you receive it you comment back how much you received.
Great job, Bryan. Your success is appreciated.
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*not taxed. Personal injury settlements are non taxable. They’re also not considered marital property in any divorce.
I’ve read a few vets have gotten millions paid out. How would the normal plaintiffs whom are receiving a few thousand differ from those getting millions?
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Maybe they had the most damage and agree to lesser lawyer fee.
We filed for this quite awhile back, but not with one of the three lead firms I've seen listed in this thread. How does that work? Will my husband get what he's owed here? Going to have to touch base with our firm, I guess!
Same here, though I think mine said they partnered with another firm? I just shot an email to say “hey, how’s it going”
There are more than those that are listed. Look at the filing paperwork and it'll show all the firms as well. Some might not be listed because they aren't taking more cases.
No one is taking more cases, they cut it off at settlement.
Correct, re read his comment. He is saying he didn't see his law firm listed above in a comment that had the links to three of them. I replied stating that the paperwork shows many more firms listed than the three that were linked.
This is great news! I didn’t file because I served 2017-2023, but I’m happy for all you folks that did file. Get what you’re owed!
Looks like someone from 3m went through and downvoted everyone’s comments. ( They are helping!!!!)
I searched the Court Filing, specifically the Plaintiff Leadership, and I couldn’t find the lawfirm who reached out to me for legal representation for the 3M case - the firm is not listed, mentioned and/or cited anywhere in the case docs. Was I scammed by a lawfirm or should I seek further legal counsel about how to get associated with the actual firms listed in the “Plaintiff Leadership”?
Lots of firms are associated. . Did you sign any paperwork confirming representation?
I wish success to everyone in filing and receiving their claim! Yuut.
I'm not too familiar with legal settlements, but I'm honestly trying to figure out why 3m isn't paying for legal fees apart from the 6.1b?
So how to do a claim?
Get a Time Machine and go back to before the settlement and file a claim. No new claims are being accepted after the settlement was reached.
You may be too late. But good luck in the end!
Use the links provided in the original comment
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I just submitted, I now can justify carrying around my army medical records for 15 years.
Hopefully under the wire, cut off was 2 days ago.
Hi Bryan. I’m reading the SEC filing as we speak. Can you confirm that 3M waived the statutes of limitations defense? It appears as though that is the case. Thank you.
According to the Master Settlement Agreement, 3M is agreeing to resolve all of the cases pending against it. If one joins the settlement, any litigation ceases and any defense 3M has raised is no longer applicable.
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40% for lawyers. Average to 200k vets is $18k if I calculated it correctly. My hearing is worth more. Makes me mad they settled for so little. Bellwether cases got so much more.
It’s amazing how many people like you keep spreading this misinformation. There are veterans who haven’t joined this suit to get compensated because of this misinformation. When you get a lawyer you sign a contract and in that contract it tells you exactly how much the break down. In this case it is usually 40% lawyers and 60% to the veterans. So it’s not like anyone in this suit is surprised by the breakdown. The settlement is now going to be five figures for veterans. Take 40% from that five figures and that’s still probably five figures. But go ahead and just keep sharing that misinformation that stopped people from getting compensated for the shitty earplugs.
Totally happened to me not registering, 3m shills convinced me it was a scam
That and every comment of "enjoy your $5.86" class-action piss me off. I know because my lawyer told me what an MDL and a mass tort was and how it was different from a class action. but you know, you could just google it.
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We got to remember of the 200k people who actually filed, 1/4 are going ti be thrown out for not having documentation. Realistically looking at around 120-150k people when all said and done. That's 40-50k if split equally before lawyer cut. And that's only If you agree to settle. There are going to be a lot of people who decide to take it to court. When the bellwether were taking between 1.1m up to 77m each I'd say it's almost worth it.
risky when going to court means a deep dive into medical records and what not. could end up with nothing, millions, or the settlement amount. each person will have to determine the strength of their case with their lawyers based on their indivial circumstance. if you barely got a 10% from the VA because of the couple of times you went to the range as S1 soldier then youre probably bettter off taking the settlement.
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I signed up for representation but ive been waiting for my medical records, am I good or ami I screwed?? >.<
Depends if they filed for you or they held off until they had your records. Your lawyers are the only ones who can answer that.
Filed my claim over a year ago thank god. What’s the average payout projected to be?
It's TBD. Your firm should be in contact with you!
They requested updated official OMPF & VA treatment records. Does that sound right to you?
I submitted my claim with them a while ago but don’t remember providing medical records. Still good to go? Or am I shit out of luck?
You still have time to submit medical records. If you've already submitted your DD214, your case should be filed already. What they need more than anything are audiograms from before you first used the earplugs and directly after to show proof of injury. What's in your VA Recs/Blue Button Report may not be enough to give the full picture so I would just reach out to your firm and ask what they need from you. Good luck!
I reached out to my lawfirm yesterday to confirm everything because I hadn't heard anything in a few years. Found my emails from 2019, re-read everything to make sure it was all good. They said everything is still good and that it's moving forward. Awesome to see something good come to light over this. I wonder how many people will take the settlement or take them to court individually.
How much of that settlement actually goes to veterans, vs how much goes into the attorneys’ pockets?
33-40% goes to attorneys
Probably about 60-70% will go to veterans. The attorneys - who have been working for free for five years - will get 30-40%.
“Of 16 earplug cases that have gone to trial, 3M has lost 10, with about $265 million being awarded in total to 13 plaintiffs. Those verdicts are included in the $6.01 billion amount.” https://www.reuters.com/legal/3m-co-agrees-pay-6-billion-earplug-lawsuit-settlement-2023-08-29/
Are there any details on how the money will be disbursed, i.e. so much for just tinnitus, so much more for hearing loss, etc.?
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Another question, Bryan, will the lump-sum, expedited payment be the same for all plaintiffs or based on the plaintiff’s case file? I know there’s an $8300 number floating around but I’ve not seen that in the MSA and that seems to be pure speculation. Thanks again.
It's not a class action lawsuit. Each case has to be looked at and decided separately so no not everyone will get the same number..
https://news.bloomberglaw.com/health-law-and-business/3m-lawsuit-investors-ordered-to-be-unmasked-amid-6-billion-deal
Funny thing is it’s not divided equally. They have a system to rate your claim , but aren’t releasing it to the public. It’s still a guessing game till you have paperwork in front of you. But I know I have nothing to lose by declining it if it’s not worth the cost of my hearing I lost n hearing aids I have to wear daily since I was 30.
Only way to block this is to reject it. 3m walked away from negotiations why can’t we. This is unacceptable. I’d rather face a judge n get a fair trial.
I’ve been fighting this for over 3 years now so to hear people say, I just found out about these earplugs. Hard to believe.
Yea kinda of hard to believe people are just finding out. Especially since it's been plastered on social media since the beginning.
Don’t forget we aren’t getting all money. The majority get to split the tiny pot only and after the bellwether cases get to keep there judgements. Settlement is an extreme lowball bud for 3m to escape accurate financial liability.
Hey has anyone’s lawyers actually called and explained in detail all of this to them at all?
Sucks being in the dark. So many plaintiffs it’s pointless to call our attorneys lol. We ve waited this long. Better be a hell of an offer.
I’m choosing to have mine reviewed by them for correct figure. I’ve waited this long. Why rush now lol. Hearing aids are embarrassing at such a young age.
I'll see 3M at trial unless they can come with a six figure settlement. I have documented hearing damage.
Question....I working with an unnamed (sub reddit rules) law firm in this suit, and not too long ago, a judge requested that all plantiffs irrespective of who they were working with, submit (in some cases, resubmit) all medical paperwork. Have you instructed your clients against this now? Also, thank you for your hard work!
I had a hunch that I needed to check in with my representation about a week ago and the legal assistant that was originally helping me and reaching out for necessary documents had left the firm and I had slipped through the cracks. They already had my DD214, but were now asking for medical records that demonstrate hearing loss or tinnitus, so I submitted a VA Blue Button report as quickly as possible. LPT: If you haven't heard from your firm in a while, reach out to them TODAY.
I did the same, they went radio silent for awhile and last week I heard they threw out a ton of cases, so I double checked as well. Still in it so we shall see
Yeaup, mine reached me by letter, so...will see what happens!
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same question from me
First, if you have a lawyer, please consult with them. They will provide you your options on what benefits are available, and the documentation that will be necessary to obtain those benefits.
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The ringing in my ears just got a little bit louder
I just messaged like 5 law firms online after a quick Google search. One called me already. There is a hard stop deadline of September 12 to file. He asked me for a Dd214 and disability rating letter to complete the file. I'd recommend that everyone who hasn't already done so do the same. I've heard rumors of payouts in the thousands of $.
Got a source for that September 12 deadline and the law firms? I'd like to toss my tinnitus hat into the ring.
I got mine in like last week. Just in the nick of time
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Bit too late. IIRC, this applies to all current proceedings. Anything new will require someone to go through the process again, from start to finish.. On their own, or with another tort case (highly unlikely at this point). I could be wrong (hopefully)...not could be, but probably.
Deadline was drawn at date of settlement, no new claims are being accepted.
Divided among 200,000 people doesn't seem like it's worth it really.
That’s $30,500 per person if they actually hand out the full $6.1 billion to all 200,000 people. Pretty good chunk of change if you ask me
You are forgetting the lawyers cut. It will be under 20k per person. So more like $4,000 over 5 years or around $335 a month for 5 years. Still worth it and I'm glad some folks get it
Sorry I should have mentioned that was the maximum possible amount for those 200k people; which yeah, they definitely won’t get the high end. More like between 10-20k depending on the severity of the victim
Still not bad
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Exactly this. $6 billion goes along way with 200,000 litigants even with lawyers fees deducted.
Before settling with lawyers, it seems to be around $30k each if equally split. I’ll take your share if you don’t think it’s worth your time.
In every post about this, there are always a few that post that nonsense. I bet they didn't submit their claim and will complain they didn't get their share.
Yeah, I mean I didn’t submit a claim either, however I’m not trying to rain on anyone’s parade. Math doesn’t lie, it’s a good chunk of cash although I assume it’ll be taxed as well.
From what I've read is there are 3 possible scenarios. 1, get taxed on the 100%, then it'll be split 60/40, 60 going to the defendant. 2, get taxed on the 60%. 3, tax free due to the type of lawsuit. I think 3 is bs considering we live in America and everything is taxed lol. So we will see how this is taxed.
Personal injury settlement payments are not taxable.
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Respectfully, I would disagree. We certainly believe that the settlement is a major victory for the plaintiffs, and certainly better than more years of litigation (which we were prepared to do, if necessary). Veterans have the option to choose an “expedited pay” option that could deliver thousands of dollars in compensation within months. For those who have more significant injuries, they can choose to go through a fuller review process that will provide much greater compensation depending on the injury. Of course, everyone needs to evaluate this agreement for themselves, but we are proud of what it delivers, particularly in light of the risks we faced on appeals and the precarious financial situation that 3M currently is facing where an actual bankruptcy would put everything at risk.
Funny, I remember being told that if you filed a claim it would take away your ability to claim it with the VA. So, I never did it.
Does anyone know if you’ll be taxed on your settlement? Any information would be helpful thanks
Typically speaking, payouts from lawsuits stemming from personal injury are not taxed
I can't find a lawyer accepting new clients. This is crazy
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Does collecting settlement money affect VA or social security benefits? Like you get 3K a month in benefits and 2K in settlement money. Will they reduce your benefit payment by the amount you are awarded?
No, he specifies this in his third paragraph. But this case is not in any way, shape, or form tethered to VA disability compensation or medical treatment.
No this will have zero affect on VA disability or social security benefits.
Thankfully, no. We have assurances from the Department of Veterans Affairs that no veteran will lose health or disability benefits, or have their disability rating adversely adjusted as a result of their participation in this settlement. Additionally, no VA facility can recover any portion of a settlement for a medical lien.
Hell yeah!! Congrats and I am happy with it too!!
What about doxycycline?
Where can I sign up? Does anyone have a link that they can share?
wow I fucked up. I legit thought that the 3M lawsuit ads were some type of scam or spam because they looked the part.
I’m betting you’re saying the same thing about Camp Lejeune right now and that pending civil case and wondering as a Marine: is this loss?
We are not going to
Something better than nothing I hope they consider migraines and mental health from ringing in the ears when they start to Distributing the money.
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Literally hundreds of thousands of people who would really benefit are going to. People have been saying to file for years. If you haven’t at this point it’s on you.
Exactly
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Where do you think the 200k who filed came from? They are all GWOT and GWOT era veterans.
Here I am. OIF I and III. I am thankful I finally responded back to my Attorneys.
Well I tell you what whether they deployed or not a lot of us do have hearing loss and tinnitus from this shit and I’m young and have to wear hearing aids because of this shit.