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Combat Arms Earplugs Overview
Dual Ended Combat Arms Earplugs Version 2(CAEv2) are currently manufactured by the 3M Corporation. Originally, these devices were designed and marketed to the Department of Defense by Aearo Technologies in the 1990s. The dual-ended design was intended to provide two levels of hearing protection to combat personnel in the field while allowing them to hear orders or the approach of hostiles according to an explanation on Benelec.com.
Inserted one way, the device would offer protection from loud, sustained noises, such as aircraft engines, tanks and other vehicles (“Closed/Constant Protection mode”). Inserted the other way, it would guard a soldier’s hearing from damage from noise generated by explosive ordnance and artillery fire (“Open/Weapons Fire mode”).
Hearing loss is the most common long-term injury suffered by combat veterans; nearly 3 million veterans currently receive VA benefits for hearing loss according to Noise and Health. Because of this, the CAEv2 seemed to be an ideal solution. In 2003, the US Marine Corps, convinced of the effectiveness of the product, ordered more than 20,000 sets for personnel in the field.
By 2006, the Defense Department contracted with Aearo Technologies for the delivery of 15,000 packages of 50 pairs of Combat Arms Earplugs per year – netting Aearo and ultimately, its corporate successor, a tidy $9 million in revenue according to Military Times.
Problems With the Device and the Consequences
The problem was that the Combat Arms Earplug was too short to properly fit every human ear. This enabled the device to come loose without the user being aware of it. As a result, hundreds of veterans who have served in recent campaigns in the Middle East and Southwest Asia have suffered severe, permanent hearing loss. Other long-term injuries include tinnitus (ringing in the ear) and balance difficulties.
This not only affects combat veterans by reducing their quality of life, it impacts all taxpayers, who ultimately cover the cost for the care and rehabilitation of these disabled veterans.
The Lawsuit
As it turns out, the design was allegedly defective — and 3M was allegedly aware of the defects when it acquired Aearo Technologies in 2007. There is, in fact, evidence indicating that the original manufacturer knew of the design flaws as far back as 2000.
The situation was brought to the attention of the federal government in 2016 by another company that distributed the device, over a year after 3M had ceased manufacturing Combat Arms Earplugs. The lawsuit was filed on behalf of the US Government by Moldex-Metric, Inc. under qui tam provisions of the False Claims Act .
The complaint asserted that 3M had made false and misleading statements about the product, failing to disclose the product’s design flaw and resultant defects.
The Settlement
On July 25th, 2018, the U.S. Department of Justice announced a settlement in which 3M agreed to pay the federal government the sum of $9.1 million to resolve the allegation that the company had “knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the United States military without disclosing defects that hampered the effectiveness of the hearing protection device.” However, as part of the settlement, 3M admitted to no wrongdoing, nor was required to acknowledge any liability.
