Several lawsuits filed against 3M by approximately 40 U.S. veterans have been moved from Hennepin County District Court to Minnesota federal court by the request of the company. 3M now argues it is immune from claims that the company sold the military earplugs with a defective design.

3M Denies Guilt in Military Earplugs Lawsuits

Reportedly, over 635 lawsuits have been filed against 3M by veterans claiming that the company’s military earplugs resulted in hearing loss or hearing problems. The lawsuits that were moved from the district court to the federal court represent nearly 40 veterans who believe they have been injured by 3M’s earplugs.

In 2018, the Department of Justice (DOJ) reportedly reached a $9.1 million settlement with 3M to resolve claims that the company violated the False Claims Act by selling the military defective earplugs. According to the DOJ, 3M’s military earplugs were too short to be properly inserted into service members’ ears. This short design allegedly allowed the earplugs to become loosened without the wearer realizing it. This loosening could potentially lead to service members being exposed to hearing damage without realizing that their hearing protection devices had failed.

According to an investigation by an ABC News affiliate into some lawsuits against 3M, the company may have been aware of this design defect at the time that it signed the contract with the U.S. military in the early 2000s. Some veterans claim that 3M knew about the defect and potential for hearing loss as early as 2000, and continued to produce and sell the earplugs for over a decade despite this knowledge.

Although 3M has not admitted guilt, the company’s settlement with the DOJ opened the door for individual service members to file their own lawsuits against the company regarding defective earplugs.

However, 3M has reportedly argued that the company is immune from litigation due to the military’s involvement in the development of the earplugs. According to s report by the Star Tribune, 3M claims that the military’s involvement in the earplug development exceeded merely establishing standards, and included input on operational features. Due to this collaboration, 3M claims that the company cannot be held accountable for the earplugs’ defective design.

About 3M Military Earplugs

Military earplugs produced by 3M were standard issue for U.S. military service members between 2002 and 2015. Thousands of active duty service members received 3M’s Dual-Ended Combat Arms Earplugs during this period to protect them from hearing loss caused by artillery, tanks, helicopters, and other aircraft, roadside bombs, heavy equipment, and other potentially damaging noises. These earplugs may have been worn by service members on assignment in Iraq or Afghanistan, or during military training exercises. However, according to veterans who have since sued 3M, these military earplugs may have been defectively designed.

Veterans who believe they have been harmed by 3M earplugs claim to suffer from a variety of injuries, including deafness, hearing loss, and tinnitus, or a constant ringing or buzzing sound in the ears. In addition to the permanent disability caused by hearing loss, victims of hearing damage or tinnitus may also suffer from related conditions that cause pain and suffering including stress, sleeping problems, difficulty concentrating, memory trouble, depression, anxiety, embarrassment, or social isolation.

If you served in the military between 2002 and 2015 and were issued military earplugs, you may have been exposed to potentially damaging noises without your knowledge. Military service members who have suffered from hearing loss or tinnitus due to defective earplugs may be eligible to hire a qualified attorney and file a class action lawsuit against 3M.