Frequently Asked Questions

Plaintiffs and 3M reached an agreement worth $6.01 Billion dollars to resolve litigation against 3M and its subsidiaries. This will resolve all earplug-related claims in the federal multidistrict litigation (MDL) and in Minnesota state court.

 The exact values of the expedited pay and full evaluation options are still under consideration by the Settlement Allocation Master. The expedited payment option will be faster, require less documentation, and will seek to provide first-in, first-out payments as quickly as possible as settlement milestones are hit.  The full evaluation option will offer higher amounts based on criteria established by the Settlement Allocation Master and its designees based on levels of hearing damage and other factors.

Although not final, we expect claimants who select the expedited pay program will be paid in one lump sum in order to provide payments to claimants as quickly as possible - offering a hassle-free payment process with minimal additional documentation. Awards from the expedited-pay option will likely be lower than awards from the full evaluation, but payments will begin in full in the months immediately following the approval of the Master Settlement Agreement.  Some Eligible Claimants will only qualify for expedited payment depending on the details of their individual case.  The full-evaluation program will take longer to pay out. Claimants who opt for the full-evaluation option are entitled to an initial registration payment. Upon such time as the funds are available in the Qualified Settlement Fund, claimants will receive deferred grid payments based off the Settlement Allocation Master’s allocation methodology.

Claimants who select the expedited pay option will begin receiving payments on a first in first out basis and we expect payments to beginning in early 2024. Compensation for claimants who undertake the full evaluation process will take longer to be paid out.

A program will be created for those who decline the expedited pay option and instead go through the full evaluation process. The full evaluation process will unfold over the next couple of years – in terms of both design and implementation.

The total payout and the payout schedule by 3M were heavily negotiated terms and the result of hard bargaining on both sides.

To access the benefits of the settlement, eligible claimants must complete and submit a registration form and elect to participate in the settlement program, either through the expedited pay program or the full evaluation program. Claimants must also provide a full and complete release to indemnify 3M and its subsidiaries and a stipulated dismissal with prejudice for their case.  All of these forms will be available in the coming days and weeks.

The U.S. Department of Veterans Affairs has confirmed that no veteran will lose health or disability benefits, or have their disability rating adversely adjusted, directly as a result of participating in the settlement, and no VA facility will be able to recover or subrogate any portion of a plaintiff’s award.

The initial registration date to submit registration forms to the court will be four (4) months after the reference date (i.e. the date on which the settlement administrator requires the submission of declarations by CAE Counsel identifying all eligible claimants for which they are primary counsel). The settlement administrator will send out two notices to eligible claimants prior to the initial registration date. Parties to the settlement may jointly agree to extend the initial registration date. The final registration date will be 60 days after the initial registration date.

No.  The Settlement Master will apply the allocation methodology to each case individually.  

The parties jointly proposed and the Court has appointed ARCHER Systems, LLC as the settlement administrator to administer the QSF. ARCHER Systems will act as the fiduciary of the settlement trust in accordance with the provisions of the trust agreement, the MSA, and court orders.

ARCHER is the Court appointed third-party Settlement Administrator. In addition to managing the Registration process, ARCHER will review and populate all injury levels based on review of military/employment and medical records including audiograms and the DOEHRS database.  Further, ARCHER will handle processing of all payments – to claimants, counsel, and third parties.All communications regarding settlement claims for the 3M CAEv2 litigation will be provided by ARCHER. 

You will be provided communication by ARCHER but there is a 90-day window for Wave Claimants (ending December 12, 2023) and a 120-day window for all other CAEv2 claimants (ending January 12, 2024). 

There will be a variety of options for you to be paid in the format most convenient for you. For those without a bank account, there will be accommodations in place to review your settlement and select a convenient payment option. 

Each case is evaluated for a number of criteria in medical records and audiograms. Every participant in the settlement will receive a disclosure from ARCHER detailing their specific allocation and their individual settlement award. 

Taxes will NOT be withheld from your award. Consult your tax professional or tax preparer for tax advice related to your settlement. ARCHER Systems, its affiliates, and the Parties do not provide tax, legal or accounting advice. This is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal, and accounting advisors related to your 3M CAE settlement.