ST.
PAUL, Minn., March 1,
2023 /PRNewswire/ -- U.S. Department of Defense
records for more than 175,000 plaintiffs show that the vast
majority of claimants in Combat Arms earplug litigation have normal
hearing under medically accepted standards. This information is
included in Aearo's estimation motion filed in the U.S. Bankruptcy
Court in Indianapolis. Aearo and
3M remain focused on reaching an
efficient, equitable, and expeditious resolution to this
litigation.
Comprehensive analysis of U.S. Department of Defense audiometric
data for plaintiffs who filed claims in the MDL showed that the
vast majority of claimants did not have hearing loss according to
standards from leading medical and health organizations, including
the American Medical Association (AMA) and World Health
Organizations (WHO).
- Under AMA standards, almost 90% of plaintiffs have no hearing
impairment.
- Under WHO and National Institute of Health standards, more than
85% of plaintiffs have normal hearing.
- Nearly a quarter of the plaintiffs with impairment under either
AMA or WHO standards reported their condition in hearing tests
before they ever used the Combat Arms earplugs.
This analysis does not account for other causes of hearing loss
that may have impacted the small percentage of servicemembers with
hearing loss, including medical conditions unrelated to noise
exposure, non-military noise exposure, hearing loss that predates a
service member's use of Combat Arms earplugs, and injuries suffered
while not wearing Combat Arms earplugs. Every independent,
third-party organization that has tested the product, including the
Army Research Lab, the Air Force Research lab, NIOSH, and others,
has found that it was safe and effective to use.
According to Charles Mullin of
Bates White, an expert claims valuation firm: "As part of my work
as an expert for the Debtors in the Aearo bankruptcy, I have been
asked to evaluate Department of Defense audiogram data for over
175,000 active plaintiffs who have asserted claims in the Combat
Arms MDL. I have compared those data to standards published by the
World Health Organization and American Medical Association for the
evaluation of hearing impairment. My analysis shows that a
substantial majority of MDL plaintiffs have normal hearing or no
binaural hearing impairment under those standards."
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. If necessary, 3M and Aearo will continue to vigorously defend
their position in the multi-district litigation, and in pursuing
their appeals. Oral arguments for the appeals of the initial
bellwether trials, which include important legal and evidentiary
issues, are scheduled to be held on May 1,
2023, and could significantly alter the progression and
outcome of this litigation.
To learn more, visit www.3MEarplugsFacts.com.
Forward-Looking
Statements
This news release contains forward-looking information about
3M's financial results and estimates and business prospects that
involve substantial risks and uncertainties. You can identify these
statements by the use of words such as "anticipate," "estimate,"
"expect," "aim," "project," "intend," "plan," "believe," "will,"
"should," "could," "target," "forecast" and other words and terms
of similar meaning in connection with any discussion of future
operating or financial performance or business plans or prospects.
Among the factors that could cause actual results to differ
materially are the following: (1) worldwide economic, political,
regulatory, international trade, geopolitical, capital markets and
other external conditions and other factors beyond the Company's
control, including inflation, recession, military conflicts,
natural and other disasters or climate change affecting the
operations of the Company or its customers and suppliers; (2) risks
related to unexpected events such as the public health crises
associated with the coronavirus (COVID-19) global pandemic; (3)
foreign currency exchange rates and fluctuations in those rates;
(4) liabilities related to certain fluorochemicals, including
lawsuits concerning various PFAS-related products and chemistries,
and claims and governmental regulatory proceedings and inquiries
related to PFAS in a variety of jurisdictions; (5) legal
proceedings, including significant developments that could occur in
the legal and regulatory proceedings described in the Company's
Annual Report on Form 10-K for the year ended Dec. 31, 2022 and any subsequent quarterly
reports on Form 10-Q (the "Reports"); (6) competitive conditions
and customer preferences; (7) the timing and market acceptance of
new product and service offerings; (8) the availability and cost of
purchased components, compounds, raw materials and energy due to
shortages, increased demand and wages or supply chain
interruptions; (9) unanticipated problems or delays with the phased
implementation of a global enterprise resource planning (ERP)
system, or security breaches and other disruptions to the Company's
information technology infrastructure; (10) the impact of
acquisitions, strategic alliances, divestitures, and other
strategic events resulting from portfolio management actions and
other evolving business strategies, and possible organizational
restructuring; (11) operational execution, including scenarios
where the Company generates fewer productivity improvements than
planned; (12) financial market risks that may affect the Company's
funding obligations under defined benefit pension and
postretirement plans; (13) the Company's credit ratings and its
cost of capital; (14) tax-related external conditions, including
changes in tax rates, laws or regulations; (15) matters relating to
the proposed spin-off of the Company's Health Care business; (16)
matters relating to the voluntary chapter 11 proceedings of the
Company's subsidiary Aearo Technologies and certain of its
affiliates (the "Aearo Entities"), including legal risks related to
the chapter 11 proceedings; potential impacts to the Company's
reputation and its relationships with customers, suppliers,
employees, regulators and other counterparties and community
members; potential impacts to the Company's liquidity or results of
operations, including risks related to the amount that will be
necessary to fully and finally resolve all of the Company's
obligations to make payments to resolve such claims under the terms
of its funding and indemnification agreement with the Aearo
Entities; and the Aearo Entities' ability to navigate the chapter
11 proceedings to obtain approval and consummation of a plan of
reorganization; and (17) matters relating to the Company's plans to
exit PFAS manufacturing and discontinue use of PFAS across its
product portfolio. Changes in such assumptions or factors could
produce significantly different results. A further description of
these factors is located in the Reports under "Cautionary Note
Concerning Factors That May Affect Future Results" and "Risk
Factors" in Part I, Items 1 and 1A (Annual Report) and in Part I,
Item 2 and Part II, Item 1A (Quarterly Reports). The Company
assumes no obligation to update any forward-looking statements
discussed herein as a result of new information or future events or
developments.
About 3M
3M (NYSE: MMM) believes science helps create a brighter
world for everyone. By unlocking the power of people, ideas and
science to reimagine what's possible, our global team uniquely
addresses the opportunities and challenges of our
customers, communities, and planet. Learn how we're working to
improve lives and make what's next at 3M.com/news or on Twitter
at @3M or @3MNews.
Investor Contact:
Bruce Jermeland
651-733-1807
or
Diane Farrow
612-202-2449
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