3M Obtained Bankruptcy Review and Earplug Litigation | MedTruth – Safety of Prescription Drugs and Medical Devices

Following a August decision by an Indiana bankruptcy court that left 3M facing nearly 300,000 hearing damage claims filed by veterans regarding Combat Arms Earplug version 2 (CAEv2), an appeals court granted the company and its subsidiary Aero Technologies authorization to receive a direct call from the order, Law360.com reported. The 7th Circuit Court of Appeals granted 3M’s motion on October 13 without providing an explanation.

On July 26, 3M transferred its CAEv2 legal responsibilities to its sub-unit, Aearo Technologies, the company that originally manufactured the controversial earplugs that were supplied to the US military from 2003 to 2015. , 3M has filed for Chapter 11 bankruptcy protection for his sub-unit with the intention of protecting Aearo from hundreds of thousands of hearing damage claims.

However, a federal bankruptcy judge in Indianapolis, Jeffrey Graham, ruled on August 29 that veterans could still pursue their legal claims against 3M despite its subunit filing for Chapter 11 bankruptcy protection.

On October 13, the same day the 7th Circuit granted 3M a reconsideration of Graham’s decision to deny 3M a stay of litigation, the Atlanta-based 11th Circuit Court of Appeals granted 3M’s motion to stay the injunction during the bankruptcy appeal process. .

Veterans allege 3M is using Chapter 11 bankruptcy to escape more than 230,000 lawsuits. In 16 landmark lawsuits that ended before 3M filed for bankruptcy for its subunit, juries awarded 13 plaintiffs $300 million in damages in 10 of those lawsuits.

On Oct. 14, 3M issued a statement, saying “the well-established Chapter 11 process provides a more efficient, fair, and expeditious way to resolve this dispute.” As part of its bankruptcy plan, 3M created a $1 billion trust to resolve the rest of the claims.

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