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Combat Arms Earplugs Lawsuit


In July 2018, the American multinational corporation 3M settled a whistleblower lawsuit brought by the federal government alleging that the company knowingly supplied defective Combat Arms Earplugs to the US military. 3M was accused of violating the False Claims Act by selling the defective earplugs, falsifying test results and not disclosing the design defect that exposed the armed forces in Iraq and Afghanistan from hearing loss during the period of 2003 to 2015.

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Combat Earplugs

The CAEv2 earplugs were used by the military to protect their hearing. Instead, the earplugs exposed soldiers to hearing loss because the defective design prevented the devices from maintaining a tight fit. The short stem would dislodge and users were unaware that they weren’t adequately protected.

3M designed the hearing safety equipment as being dual-ended, so they could be flipped for more protection around gunfire or explosions. Users could –purportedly— reduce or block intense noise without obstructing quieter sounds such as nearby voices. The Combat Earplugs were sold to the US military so that users could hear low-level sounds that were essential to their safety while blocking high-level noises like explosions and gunshots.

Aearo Technologies, Inc. originally designed the earplugs. 3M bought the company in 2008 and then hired Aearo employees to develop and test the defective Combat Earplugs. Those lab technicians that tested the earplugs and the scientists who supervised and documented the testing are still employed by 3M.
 

Hearing Loss in Veterans

Aearo knew of the defect at least as early as 2000, according to the qui tam lawsuit. Thousands of soldiers experienced ringing or buzzing in their ears, which also created a risk to their fellow military servicemen and women. In 2014, 933,333 veterans received disability benefits for hearing impairment and 1.3 million received disability compensation for tinnitus – a condition that is difficult to diagnose and there is no cure. Hearing loss is the most common service-connected disability among US veterans.
 

Qui Tam 3M Lawsuit

The $9.1 million dollar settlement brought against 3M and Aearo by the US government stemmed from a qui tam whistleblower lawsuit that alleged the companies fraudulently claimed that their CAEv2earplugs met specific safety specifications. Both companies apparently knew the devices were not long enough to adequately insert into some soldiers’ ears. The complaint further claimed that test results were falsified in order to deceive the government into believing the earplugs complied with mandatory safety requirements. The whistleblower lawsuit was brought in 2016 under the False Claims Act by Moldex-Metric, Inc., a 3M competitor. This act allows private parties to sue on behalf of the government in cases of fraud. As part of the settlement, Moldex-Metric will receive $1.9 million, according to the Department of Justice .

The Minneapolis Star Tribune reported that 3M and Moldex-Metric have sued each other over several years. 3M accused Moldex of infringing on several of its earplug patents, while Moldex countersued, accusing 3M of lying and falsely making allegations about earplug products that predated 3M versions. Moldex further alleged in its lawsuits that a 3M dual-ended earplug had failed to pass certain safety tests, which violated its military sales contracts.

The case is United States ex rel. Moldex-Metric v. 3M Company, Case No. 3:16-cv-1533-MBS (D.S.C.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
 

Veterans File a Hearing Loss/Tinnitus Claim

The massive $9.1million settlement reimburses the government for the public funds paid to the companies. If you are a veteran – or you know a veteran— with hearing problems and you were active in any branch of the military between 2003 and 2015, you may be able to file a lawsuit against the earplug manufacturer. If you want to be compensated for medical bills, lost wages, pain and more, contact an experienced product liability attorney to help you file a claim.
 

3M Combat Arms Defective Earplugs Legal Help

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3M DEFECTIVE EARPLUGS LEGAL ARTICLES AND INTERVIEWS

Hearing Examinations to Begin in 3M Combat Arms Defective Earplugs Lawsuits
Hearing Examinations to Begin in 3M Combat Arms Defective Earplugs Lawsuits
November 19, 2020
Pensacola, FL On October 20, the District Court for the Northern District of Florida issued a pre-trial order setting the requirements for the medical examinations of five service members who allege that they suffered hearing loss because of the 3M defective earplugs that were standard military issue from 2003 to 2015. The Order sets out a schedule, defines the scope of permitted testing and permits a non-lawyer representative of plaintiffs’ counsel, such as a paralegal or a law firm staff person, to attend.
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Lead Attorney for 3M Earplug Plaintiffs is Proceeding to Trial
Lead Attorney for 3M Earplug Plaintiffs is Proceeding to Trial
October 21, 2020
Pensacola, FL Attorney Bryan Aylstock and his law firm is representing over 10,000 current and former U.S. military service members who have suffered hearing loss and tinnitus allegedly caused by 3M defective military earplugs. “We hold 3M accountable for what they did to our military brothers and sisters and what they did not tell them,” says Aylstock.

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3M Cannot Use “Government Contractor Defense” as Earplugs Lawsuit Continues
3M Cannot Use “Government Contractor Defense” as Earplugs Lawsuit Continues
September 18, 2020
Pensacola, FL A federal judge ruled in July that 3M ‘s defective earplug excuse cannot invoke the “government contractor defense,” which was key to 3M. The company has used this reasoning because it protects contractors from tort liability for defects in products designed and developed for the federal government, and 3M claimed its combat arms earplugs were designed in close collaboration with the military. Now that 3M is no longer immune to this defense, bellweather discovery is underway.
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READER COMMENTS

Posted by

on
Why are these lawsuits only for the early 2003 era , I came home from the Gulf-War with hearing loss in one ear i was told that it would go away and get better it;s like every lie that they tell you (It's always going to get better and it never does i still have buzzing and blockage in my ear and i still have vertigo from time to time because of it the ear plug were always a insificant but that's all we had so you had to make the best of it. Why can't they just get it right wants the damage is done it's done i get it i've been there None of us had the correct ear protection just look at the DAV medical report on the matter this lawsuit needs to be reevaluated on this matter.

DAV (Gulf War)

Posted by

on
While on Army active duty from 2000-2005 and deployed to Iraq during Operation Iraqi Freedom 2003-2004 utilizing ear protection issued by said branch. I have been diagnosed with tinnitus, hearing loss, and severally scarred eardrums. How does this lawsuit for this particular thing work in conjunction with the VA compensation of this particular loss ?

Posted by

on
I am a vetren diagnosed with tinnitus I was in the army from 2010-2014 and deployed 2012-2013. I am seeing if I can file for the 3m ear plugs

Posted by

on
USAF, Retired, effective 31December2006

Posted by

on
I was deployed to Iraw in 2003 and 2005 as well as deployments to Afghanistan in 2007 and 2009.

I have been stationed on airfields as well as have supported mechanized units and aviation assets. I have used the combat earplugs during my deployments. I know that my hearing has progressively gotten worse ove time.

Posted by

on
I have had significant hearing loss since I joined the military in 2013 and used these on multiple occasions when on the range to driving vehicles.

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