Bryan Aylstock, Aylstock, Witkin, Kreis & Overholtz (Photo: Courtesy Photo)

A Florida judge has appointed 53 lawyers to lead hundreds of lawsuits brought by U.S. military members against 3M over allegedly defective earplugs, with Pensacola attorney Bryan Aylstock getting the top post.

Aylstock, at Aylstock, Witkin, Kreis & Overholtz, will oversee two other co-lead counsel, Shelley Hutson, of Houston's Clark, Love & Hutson, and Chris Seeger, of Seeger Weiss in Ridgefield Park, New Jersey, according to an order on Wednesday. U.S. District Judge Casey Rodgers, of the Northern District of Florida, also appointed two attorneys as co-liaison counsel, seven lawyers on an executive committee and 14 on a plaintiffs' steering committee. She also appointed lawyers to nine subcommittees.

“The final selection decisions were difficult, to say the least,” Rodgers wrote in a footnote. She wrote that there were more than 190 applications for leadership positions. Of those, 64 made brief presentations on Monday and Tuesday in court.

“Obviously, I am humbled by the appointment and recognize the heavy responsibility I have to provide our men and women in uniform the very best representation possible,” Aylstock wrote in an email. “The team Judge Rodgers put together is unparalleled and given the importance of this MDL, we will welcome the participation of other lawyers, as well, who represent the soldiers who suffered harm at the hands of 3M's fraudulent conduct and faulty earplugs.”

In an unusual move, Rodgers created a panel to review the leadership applications, bringing in U.S. Magistrate Judge Gary Jones of the Northern District of Florida; Ellen Reisman of Reisman Karron Greene in Washington D.C.; and Orran Brown of settlement administrator BrownGreer in Richmond, Virginia.

“The Court and panel members had a thoughtful and comprehensive approach to selecting leadership,” Hutson wrote in an emailed statement. “Detailed applications were submitted, presentations were done and extensive deliberations followed. This specific case as well as Judge Rodger's reputation and process attracted a very impressive group of lawyers who will represent their clients well with the efficiencies of the Federal Judiciary in mind.”

Seeger did not respond to a request for comment.

Veterans have brought more than 800 lawsuits alleging 3M's dual-ended Combat Arms Earplugs, used in both training and in combat, had a defective design that caused them hearing loss and ringing in the ears, called tinnitus. 3M was the exclusive supplier of earplugs to the U.S. military from 2003 to 2012. More than 800,000 former service members now suffer from hearing damage, according to the lawsuits.

3M, which discontinued the earplugs in 2015, agreed to pay $9.1 million last year to settle similar allegations by the U.S. Department of Justice.

Last month, the U.S. Judicial Panel on Multidistrict Litigation sent the cases to Rodgers.

Lawyers filed their leadership applications under seal. Rodgers, taking up the same request from a growing number of federal judges in multidistrict litigation, had ordered plaintiffs' lawyers to disclose how they are funding their cases.

Her appointments included 15 women, and most of the lawyers come from Florida, Texas or Alabama. The subcommittees include those focused on early vetting of cases, science and experts, common fund, armed services and settlement.

More lawyers could be involved in the litigation going forward.

“The court encourages counsel who are not appointed to formal roles to meaningfully engage with plaintiff leadership so that the team may draw on your substantial skills and experience for the common benefit of all plaintiffs in this litigation,” Rodgers wrote in the footnote.