The 3M Combat Arms earplug settlement: where the largest MDL in U.S. history actually stands in 2026

The 3M Combat Arms earplug litigation is the largest multidistrict litigation in United States history, surpassing the asbestos products liability litigation that had been the prior benchmark since 1991. More than 260,000 service members filed claims alleging that 3M's Combat Arms Version 2 (CAEv2) earplugs caused hearing loss and tinnitus during military service between 1999 and 2015. The cases were consolidated into MDL 2885 in the U.S. District Court for the Northern District of Florida before Judge M. Casey Rodgers in April 2019. After 16 bellwether trials producing $250+ million in plaintiff verdicts, 3M agreed to a $6.01 billion master settlement agreement on August 29, 2023.

The procedural posture in 2026 is unusual for a major mass tort. The MDL is essentially complete: all 391,221 cases filed in the MDL have been dismissed, with the settlement framework substituting for ongoing litigation. The litigation is now in the payout phase. BrownGreer PLC serves as the settlement administrator through the dedicated settlement portal at 3m-earplugsettlement.com. By late January 2026, more than $3.1 billion had been distributed to claimants. Nearly all Early Payment Program (EPP) claimants and Wave Case participants had received full payment, accounting for hundreds of thousands of veterans. Registration payments under the Deferred Payment Program (DPP) are essentially complete, with point-based DPP awards scheduled to begin after October 2025.

The framework demonstrates what efficient mass tort resolution looks like when settlement structure aligns with the underlying claim volume. Most service members who used CAEv2 earplugs between 1999 and 2015 and developed hearing loss or tinnitus have received or are scheduled to receive compensation under the program. The remaining work is in the structured payout phase and the relatively small number of claims still being processed.

This is the history of the CAEv2 product and the litigation it spawned, the settlement structure and what it actually provides, the procedural status in 2026, and what's still possible for claimants in various stages of the process.

The product and the litigation history

The Combat Arms Earplug Version 2 (CAEv2) was a dual-ended earplug designed for military use. The product was intended to provide either traditional sound blocking (when the green end was inserted) or selective hearing protection that would block loud impulse noises like gunfire while still allowing normal speech (when the yellow end was inserted). The dual-ended design was meant to give service members flexibility for different combat and training scenarios.

The product was developed by Aearo Technologies, which 3M acquired in 2008. 3M continued selling CAEv2 to the U.S. military as standard-issue hearing protection from approximately 1999 through 2015. Service members in Iraq, Afghanistan, and other deployments routinely used CAEv2 during firearms training, combat operations, vehicle operations, and other activities with high noise exposure.

The litigation emerged through several pathways:

Internal product defect documentation. Internal Aearo Technologies and 3M documents revealed that the CAEv2 design had a fundamental flaw: the earplug's flange could loosen during use in a way that prevented proper sealing in the ear canal, allowing sound to leak through. The documents showed that the manufacturer was aware of the design defect from product testing but didn't redesign the product or warn users.

A 2016 False Claims Act lawsuit by competitor Moldex-Metric, alleging that 3M defrauded the federal government by selling defective earplugs without disclosing the defect. The case resulted in a $9.1 million settlement in 2018 between 3M and the U.S. government.

Individual personal injury lawsuits by service members alleging hearing damage. The cases grew rapidly as veterans and active service members learned of the underlying defect and connected it to their hearing problems.

The Judicial Panel on Multidistrict Litigation consolidated the federal cases into MDL 2885 in April 2019. The MDL grew exponentially to over 260,000 claims by 2023, making it the largest MDL in U.S. history.

The bellwether trial program produced extraordinary results for plaintiffs. Sixteen bellwether trials were conducted, with 10 plaintiff verdicts (totaling over $250 million in cumulative verdicts) and 6 defense verdicts. The pattern of plaintiff victories at substantial valuations created significant pressure for global settlement.

3M's bankruptcy attempt. In July 2022, 3M attempted to use the same "Texas Two-Step" bankruptcy strategy that Johnson & Johnson tried for talc claims, with Aearo Technologies (the 3M subsidiary that originally developed CAEv2) filing for Chapter 11 bankruptcy. The bankruptcy was dismissed in June 2023, removing that escape route and forcing 3M to resolve the litigation through settlement.

The settlement structure

On August 29, 2023, 3M agreed to pay $6.01 billion to resolve the MDL claims, executed through three master settlement agreements (MSA I for MDL cases, MSA II for verdict cases, and MSA III for Wave Cases). The settlement structure:

Total settlement value: $5 billion in cash plus $1 billion in 3M stock (later converted to all cash in January 2024 at 3M's election).

Payment schedule: Payments would run from late 2023 through 2029, with a back-loaded structure that pays approximately $1.4 billion in 2024 and increasing amounts in subsequent years until reaching the full $6 billion.

Participation requirement: At least 98% of MDL claimants needed to opt into the settlement for it to proceed. 3M announced in early 2024 that more than 99% of claimants had opted in, well above the threshold.

Coverage: The settlement covers claims by U.S. military service members, veterans, and commercial users who used CAEv2 between 1999 and 2015 and developed hearing loss or tinnitus from the alleged product defect.

Settlement administrator: BrownGreer PLC, an established settlement administration firm. BrownGreer operates the Combat Arms Settlement Portal through which claimants and primary counsel exchange information with the settlement program.

Tiered injury scale: Claimants are classified under a seven-tier injury scale based on the nature and severity of hearing loss or tinnitus. Awards range from approximately $7,000 for minor hearing loss claims to $750,000 for severe or permanent impairment. Tinnitus-only claims (without measurable hearing loss) typically receive awards in the $1,000 to $40,000 range.

Payment tracks: The settlement provides multiple payment tracks. The Early Payment Program (EPP) provides relatively quick payments for claimants meeting specific documentation criteria. The Deferred Payment Program (DPP) provides registration-based and point-based awards on a longer timeline. Wave Cases are claims that were close to trial when the settlement was reached.

Extraordinary Injury Fund (EIF). Severely injured claimants can apply for additional compensation through the EIF, with awards up to $700,000 for cases involving life-altering hearing damage that goes beyond the standard injury tier valuations.

50% rule. Judge Rodgers issued Case Management Order 86 requiring that plaintiffs receive at least 50% of their gross settlement after deducting the 9% common benefit fee assessment, ensuring that attorney fees and case-management costs don't consume the majority of plaintiff recoveries.

FIFO payment order. Payments follow a First-In, First-Out review process, with claims processed in the order they're completed rather than the order they were originally filed. This rewards complete documentation over filing date and incentivizes claimants to submit required materials promptly.

Eligibility requirements

The settlement defines specific eligibility requirements that claimants must meet to receive compensation:

Service requirement. The claimant must have served in the U.S. military between 2003 and 2015 (the period during which CAEv2 was widely distributed to service members). The settlement covers both active duty and reserve service.

Equipment use. The claimant must have used CAEv2 (the dual-ended earplug specifically) rather than other hearing protection products. Documentation of CAEv2 use can include military issue records, DD214 forms (military service records), unit records, witness statements from fellow service members, or affirmations of standard equipment issue during the relevant period.

Diagnosis. The claimant must have documented diagnosis of tinnitus or hearing loss with onset during or after the service period and before the settlement cutoff dates. Required medical documentation includes audiograms, hearing test results, and clinical records from VA or civilian medical providers.

Documentation packages. Under Case Management Order 57, claimants must provide comprehensive documentation packages including military service verification (DD214 forms), medical records demonstrating hearing loss, audiograms, and other supporting evidence. The documentation requirements are demanding but achievable for most service members who actually used the product and developed the alleged injuries.

The opt-in process required claimants to register with the settlement program by specified deadlines. The October 31, 2024 deadline was the final cutoff for appeals; non-compliance resulted in dismissal with prejudice under Judge Rodgers' case management orders.

What the payouts actually look like

Payment amounts vary substantially based on injury severity, documentation completeness, and the specific payment track. Approximate ranges based on publicly available settlement information:

Tinnitus-only claims (no measurable hearing loss): $1,000 to $40,000. These represent the lower end of the seven-tier injury scale and reflect the more limited compensable harm associated with tinnitus without hearing loss.

Mild to moderate hearing loss: $40,000 to $150,000. Cases involving measurable but not severe hearing loss represent the broad middle of the distribution.

Moderate to severe hearing loss with tinnitus: $150,000 to $400,000. Cases involving more substantial documented hearing impairment combined with tinnitus tend to fall in this range.

Severe or profound hearing loss: $400,000 to $750,000. Higher-tier cases involving substantial hearing impairment with significant life impact.

Extraordinary Injury Fund cases: up to $700,000 in additional compensation beyond standard tier valuations. EIF requires application and approval based on specific criteria for life-altering injuries.

The actual payment a claimant receives depends on:

The specific injury tier assigned based on medical documentation.

The completeness of the claimant's documentation package.

Whether attorney's fees and common benefit fee assessments apply (typically reducing gross awards by 31% to 50%).

The payment track (EPP, DPP, or Wave Case) and the resulting timeline.

By late January 2026, $3.1+ billion had been distributed through the program, representing approximately 52% of the total $6 billion settlement value. The remaining payments continue through 2029 under the negotiated schedule.

Current procedural status

As of May 2026, the settlement program is well into the payout phase:

EPP claims essentially complete. Nearly all Early Payment Program claimants have received full payment. The program identified claimants with the strongest documentation and quickest path to resolution, and those payments are largely finalized.

Wave Case participants paid. Wave Cases (claims that were close to trial when the global settlement was reached) have been resolved through their own MSA III settlement track. Most Wave Case participants have received full payment.

DPP registration substantially complete. Registration payments under the Deferred Payment Program (the initial payment for registering and providing basic documentation) are essentially complete for all eligible claimants.

DPP point-based awards beginning. The larger point-based DPP awards (which require more detailed documentation and assessment) began payment after October 2025 and continue on the scheduled timeline through 2029.

Extraordinary Injury Fund applications ongoing. Claimants with the most severe injuries can apply for EIF compensation. Applications are being processed and approved on a case-by-case basis.

The MDL itself has effectively concluded. All 391,221 cases originally filed have been dismissed in favor of the settlement framework. New filings under the MDL framework are no longer accepted because the deadlines for opting into the settlement have passed.

What's still possible for those who missed the deadlines

The settlement opt-in deadlines have largely closed. For service members who used CAEv2 between 1999 and 2015 but didn't file by the relevant deadlines, the procedural options are limited:

Re-evaluation of late filings. Some claimants who filed late may have been processed under specific exceptions or hardship provisions. Reviewing the case status through the BrownGreer portal can clarify whether a specific late filing was accepted.

VA disability claims. Even without being part of the settlement, service members with documented hearing loss or tinnitus from military service can pursue VA disability claims based on the service-connected disability framework. VA disability for hearing impairment ranges from 0% to 100% depending on severity, with monthly compensation tied to the disability rating. This is a separate framework from the 3M settlement and operates independently. VA claims are submitted through va.gov using the VA claim process.

Individual lawsuits against 3M. Service members who missed the MDL settlement deadlines but believe they have viable claims could in principle file individual lawsuits against 3M. The practical viability of such suits is limited because the global settlement has effectively resolved the federal litigation and 3M has the framework of the settlement as a defense. Most plaintiffs' counsel decline these cases after the deadlines closed.

State court litigation. Specific state court claims may remain procedurally viable in certain jurisdictions, but state court Combat Arms cases face similar challenges to federal court filings: the settlement structure has substantially consumed the available compensation framework, and 3M has shown willingness to defend any remaining cases vigorously.

What to do if you're in the settlement program

For claimants in the payout phase, the practical considerations:

Stay current with BrownGreer portal communications. The settlement administrator uses the portal to manage claim status updates, request additional documentation, and notify claimants of payment batches. Missing portal communications can delay payment processing.

Maintain updated contact information. Address changes, name changes, and financial institution updates need to be reflected in the portal so payments reach the correct destination.

Track your claim status. The portal shows the current status of each claim (registration phase, documentation review, award determination, payment scheduled, payment issued). Understanding the current status helps anticipate timing.

Apply for Extraordinary Injury Fund consideration if applicable. Claimants with severe, life-altering hearing damage that goes beyond the standard tier valuations can apply for EIF supplemental awards. The application requires specific documentation of the heightened severity.

Coordinate with your attorney. Most claimants are represented by counsel who handle communications with the settlement administrator. Maintaining current information and prompt response to attorney requests helps the process move efficiently.

The 3M Combat Arms settlement represents a successful resolution of the largest mass tort in U.S. history. The framework provided defined compensation to hundreds of thousands of service members in defined timeframes, avoiding the extended trial-by-trial litigation that would have been impractical for the case volume. The substantial settlement value reflects the strength of the underlying claims (extensive documented product defects, large bellwether plaintiff verdicts, demonstrated harm to service members). For service members navigating the settlement program in its payout phase, the procedural framework is generally working as designed, with payments flowing to documented claimants on the negotiated schedule through 2029. The litigation that produced one of the largest settlements in U.S. mass tort history is essentially complete, with the remaining work in the structured payment program that resolves the underlying claims.