Enough veterans and military service members have agreed to a $6 billion settlement over allegedly defective earplugs made by a 3M subsidiary for the deal to move forward.
The Maplewood-based company had an escape hatch in the settlement; if fewer than 98% of plaintiffs agreed to the deal, 3M could have walked away from it.
As of the final registration deadline Monday, more than 99% of eligible claims — from about 250,000 people — had been filed, according to 3M.
"Once all the settlement registrations that have been submitted by claimants have been processed and validated, 3M anticipates that the settlement will have achieved a more than 99.9% participation level," the company announced Tuesday. That final certification, which will come from the settlement administrator, is expected soon.
While a handful of claimants have already received checks, there is a long timeline established for who gets paid and when. Many claimants won't see their money until later this year at the earliest, according to the settlement, and payments will stretch into 2029.
The most common payout is expected to be $10,000 before fees, though individual claims vary greatly, according to attorney Ron Miller, who has been providing frequent updates on the settlement online. Some of the payments are conditioned on high levels of settlement participation, which 3M expects to be met.
The settlement stems from one of the largest mass torts in U.S. history, which was brought by hundreds of thousands of veterans and active service members who say their hearing damage was caused by defective military issue Combat Arms earplugs manufactured by Aearo Technologies from 1999 to 2015. 3M, which bought Aearo in 2008, announced the settlement in August.
Despite the high level of participation, not all claimants are pleased with the deal or the way the settlement will be paid out, according to a highly active online forum. More than 40,000 claims were dismissed as the settlement was finalized.
Those working with a lawyer should contact their attorney to answer questions about payment amounts and timing. Those without representation who have questions should reach out to settlement administrator BrownGreer at 1-833-458-2700; SettlementAdministrator@combatarmssettlement.com; or visit www.combatarmssettlement.com.
On Tuesday, 3M said it is working through lawsuits and arbitration to recover some money from insurers to cover the bill.
