Law Firm Under Scrutiny for Neglecting Ugandan Claims in $6B 3M Lawsuit
An Alabama law firm is facing significant financial repercussions, likely exceeding $800,000, along with an additional $100,000 in sanctions. This comes after the firm failed to verify hearing loss claims from hundreds of Ugandans seeking a share of the substantial settlement related to faulty 3M earplugs.
“It’s been a learning experience for us,” stated Birmingham attorney Stephen Heninger from the Heninger Garrison Davis law firm. This firm was among many involved in the multi-district federal litigation concerning the 3M Combat Arms earplugs. Heninger expressed skepticism about representing foreign claimants in the future, citing trust issues compared to clients from the U.S. and Canada.
In 2023, 3M reached a $6 billion settlement, agreeing to compensate thousands of military personnel, government contractors, and others who experienced hearing loss due to the defective earplugs. Insurers are expected to cover approximately $1.5 billion of this amount, with ongoing litigation involving multiple insurers. As of this month, Chubb Bermuda and ACE Bermuda Insurance were in arbitration with 3M regarding coverage claims.
The Heninger Garrison law firm enlisted nearly 1,000 Ugandans, recommended by a local lawyer. However, the firm failed to verify the authenticity of audiograms from these claimants, most of which were later found to be forged.
“The undersigned does not find that any member of the Heninger Garrison Davis firm intentionally committed fraud on the court through this settlement program,” noted David Herndon, a retired federal judge and court-appointed special master, in his December report.
However, he emphasized that two members of the firm exhibited “conscious and reckless indifference” to the circumstances surrounding the Ugandan settlement program, allowing fraud to occur while neglecting their duties as officers of the court.
Experts in litigation and tort reform highlighted the risks associated with large class actions, where plaintiff law firms can earn millions in fees, but individual claimants often receive smaller amounts. “Class-action lawsuits always present a vetting problem,” remarked Robert Jarvis, a law professor at Nova Southeastern University. He pointed out that the lack of a robust intake system at the Heninger firm allowed fraudulent claims to slip through.
William Large, president of the Florida Justice Reform Institute, stressed that attorneys have a continuous obligation to verify the claims of potential clients. Failure to do so can lead to accountability from judges and the Bar.
The litigation surrounding the 3M earplugs began in 2016 after a whistleblower revealed defects in the product. By 2019, over 250,000 claimants had applied, leading to the consolidation of thousands of lawsuits in a federal court in Pensacola, Florida. Judge Casey Rodgers has been praised for her efficient management of this complex litigation.
According to the special master’s report, a forgotten deadline and a misunderstanding of court instructions may have prompted the Heninger firm to hastily process the Ugandan claims.
These claims originated from a Ugandan lawyer, Arafah Musoke, who claimed to represent numerous clients who had worked as security contractors for U.S. bases in war zones. However, when the BrownGreer settlement administrator began scrutinizing the claims, it was discovered that many audiograms were faked, lacking the standard format of U.S. medical reports.
One Ugandan medical clinic’s license was forged, and it appeared that most claimants had not been exposed to the loud environments that would warrant the use of 3M earplugs. The Heninger firm failed to verify that most U.S. military contractors undergo baseline hearing tests before employment, which could have been easily accessed.
During an interview, Musoke explained that some audiograms had been hastily recreated due to lost original records, but insisted that local medical professionals were familiar with the claimants. The Heninger firm claimed ignorance of the Ugandan claimants’ questionable reputations, despite warnings from the U.S. State Department about prevalent fraud in the region.
Ultimately, the special master concluded that nearly all Ugandan claims submitted by Heninger Garrison Davis were fraudulent, with only four claims showing some reliability, albeit still raising questions.
The special master recommended that the Heninger law firm pay at least $50,000 in sanctions, with additional penalties for specific attorneys involved. The judge has yet to approve these penalties. Furthermore, the firm is expected to reimburse an estimated $804,000 related to the fraudulent claims, including nearly $322,000 in attorney fees.
As of now, almost $3 million of the $6 billion settlement has been disbursed, with hundreds of claims still pending and expected to be processed by 2029.
Top photo: Earplug similar in appearance to the 3M earplugs (AdobeStock)
Related:
Judge in $6 Billion 3M Settlement Issues Order to Stop Litigation Funding
10 Highest Class-Action Settlements in 2025 Eclipsed $70B Total: Duane Morris
Topics
Claims
An Alabama law firm is facing significant financial repercussions, likely exceeding $800,000, along with an additional $100,000 in sanctions. This comes after the firm failed to verify hearing loss claims from hundreds of Ugandans seeking a share of the substantial settlement related to faulty 3M earplugs.
“It’s been a learning experience for us,” stated Birmingham attorney Stephen Heninger from the Heninger Garrison Davis law firm. This firm was among many involved in the multi-district federal litigation concerning the 3M Combat Arms earplugs. Heninger expressed skepticism about representing foreign claimants in the future, citing trust issues compared to clients from the U.S. and Canada.
In 2023, 3M reached a $6 billion settlement, agreeing to compensate thousands of military personnel, government contractors, and others who experienced hearing loss due to the defective earplugs. Insurers are expected to cover approximately $1.5 billion of this amount, with ongoing litigation involving multiple insurers. As of this month, Chubb Bermuda and ACE Bermuda Insurance were in arbitration with 3M regarding coverage claims.
The Heninger Garrison law firm enlisted nearly 1,000 Ugandans, recommended by a local lawyer. However, the firm failed to verify the authenticity of audiograms from these claimants, most of which were later found to be forged.
“The undersigned does not find that any member of the Heninger Garrison Davis firm intentionally committed fraud on the court through this settlement program,” noted David Herndon, a retired federal judge and court-appointed special master, in his December report.
However, he emphasized that two members of the firm exhibited “conscious and reckless indifference” to the circumstances surrounding the Ugandan settlement program, allowing fraud to occur while neglecting their duties as officers of the court.
Experts in litigation and tort reform highlighted the risks associated with large class actions, where plaintiff law firms can earn millions in fees, but individual claimants often receive smaller amounts. “Class-action lawsuits always present a vetting problem,” remarked Robert Jarvis, a law professor at Nova Southeastern University. He pointed out that the lack of a robust intake system at the Heninger firm allowed fraudulent claims to slip through.
William Large, president of the Florida Justice Reform Institute, stressed that attorneys have a continuous obligation to verify the claims of potential clients. Failure to do so can lead to accountability from judges and the Bar.
The litigation surrounding the 3M earplugs began in 2016 after a whistleblower revealed defects in the product. By 2019, over 250,000 claimants had applied, leading to the consolidation of thousands of lawsuits in a federal court in Pensacola, Florida. Judge Casey Rodgers has been praised for her efficient management of this complex litigation.
According to the special master’s report, a forgotten deadline and a misunderstanding of court instructions may have prompted the Heninger firm to hastily process the Ugandan claims.
These claims originated from a Ugandan lawyer, Arafah Musoke, who claimed to represent numerous clients who had worked as security contractors for U.S. bases in war zones. However, when the BrownGreer settlement administrator began scrutinizing the claims, it was discovered that many audiograms were faked, lacking the standard format of U.S. medical reports.
One Ugandan medical clinic’s license was forged, and it appeared that most claimants had not been exposed to the loud environments that would warrant the use of 3M earplugs. The Heninger firm failed to verify that most U.S. military contractors undergo baseline hearing tests before employment, which could have been easily accessed.
During an interview, Musoke explained that some audiograms had been hastily recreated due to lost original records, but insisted that local medical professionals were familiar with the claimants. The Heninger firm claimed ignorance of the Ugandan claimants’ questionable reputations, despite warnings from the U.S. State Department about prevalent fraud in the region.
Ultimately, the special master concluded that nearly all Ugandan claims submitted by Heninger Garrison Davis were fraudulent, with only four claims showing some reliability, albeit still raising questions.
The special master recommended that the Heninger law firm pay at least $50,000 in sanctions, with additional penalties for specific attorneys involved. The judge has yet to approve these penalties. Furthermore, the firm is expected to reimburse an estimated $804,000 related to the fraudulent claims, including nearly $322,000 in attorney fees.
As of now, almost $3 million of the $6 billion settlement has been disbursed, with hundreds of claims still pending and expected to be processed by 2029.
Top photo: Earplug similar in appearance to the 3M earplugs (AdobeStock)
Related:
Judge in $6 Billion 3M Settlement Issues Order to Stop Litigation Funding
10 Highest Class-Action Settlements in 2025 Eclipsed $70B Total: Duane Morris
Topics
Claims
