March 19, 2020 | 3M Combat Arms Earplugs
The 3M Combat Arms Earplugs Version 2 were advanced foam earplugs supplied by Aearo Technologies and 3M Company to the U.S. military between 2003 and 2015. They were designed with the intent to protect users by filtering peak level noises. The Combat Arms earplugs are dual-sided, with one side reducing sound but allowing the wearer to hear speech and orders when under fire while the other offering greater noise protection from high-volume sounds such as explosions.
Unfortunately, due to design defects, many men and women in the armed forces may have suffered hearing loss and/or tinnitus due to damage to the hairs and nerves of the inner ear.
The major design flaws with 3M’s Dual-Ended Combat Arms Earplugs Version 2 was the stems being too short, and over time, could loosen within the ear without the user being aware. This defective design often rendered them completely ineffective at blocking sound for many military personnel.
Without protection, exposure to high-level noises, such as aircraft, artillery, guns, or explosives on a regular basis, will cause internal damage to the eardrums. Now, it is estimated that over 1.5 million U.S. military veterans and personnel could have been affected by these defective products.
Hearing damage or loss is a catastrophic injury that can greatly affect veterans. Not only does it lower their quality of life, but can also cause tremendous emotional and psychological pain. Symptoms of hearing damage include:
Nearly 160,000 new claims for tinnitus and over 80,000 for hearing loss were filed with the Veterans Administration in 2017. Before then, the already existing claims totaled well over 2 million, with 1,157,585 cases of hearing loss and 1,786,980 cases of tinnitus.
A whistleblower lawsuit was filed against 3M and the original manufacturer, Aearo Technologies Inc. in 2016, alleging that both companies knew the earplugs were defective but failed to notify and still sold them to the Defense Logistics Agency. The whistleblower provisions of the False Claims Act, under which the lawsuit was filed, allows a private party to sue on the government’s behalf when government funds are secured with the use of deception.
In order to resolve the allegations of knowingly selling defective earplugs to the government, 3M paid a settlement amount of $9.1 million in 2018. Although 3M did not admit liability for the design flaw, the compensation reimbursed the government for purchasing the product.
Since then, thousands of veterans and active military members have filed individual lawsuits against 3M, claiming the defective earplugs resulted in hearing loss and tinnitus.
If you are a veteran or an active member of the military and have been issued 3M’s Combat Arms Earplugs Version 2, you may be able to recover compensation for medical expenses, lost wages, and your pain and suffering. Our product liability attorneys at the Dunken Law Firm are committed to helping injured military personnel and veterans obtain the compensation they deserve for their losses. Call (713) 554-6780 or reach us online to schedule a free consultation today.