Veterans are filing lawsuits alleging the 3M Combat Arms Earplugs they were issued were defective and caused them to suffer hearing loss and tinnitus.

One 46-year-old veteran named Ulrick John said he served in the Army for more than 20 years, during which time he served two tours in Iraq.

John told local ABC affiliate WTVM in Columbus, Ga. that the 3M Combat Arms Earplugs were issued to him as part of his uniform, which made him believe the earplugs offered the best protection possible. He now wears hearing aids and fights ringing in his ears. He’s among the more than 1,000 veterans filing lawsuits against 3M.

3M recently agreed to a $9.1 million settlement with the federal government over allegations the company knew its earplugs provided insufficient protection against explosions, gunfire and other loud noises that veterans were exposed to on a regular basis. None of that money goes to military members.

Although 3M did not admit liability, the allegations were the result of a whistleblower lawsuit filed under the False Claims Act. The FCA allows private citizens to file a complaint against a company that is accused of committing fraud, waste or abuse of federal government funding. The federal government has the option to join as a plaintiff, as well.

Whistleblowers are allowed to share in any funds received as a result of successful lawsuit or settlement; in this case, the 3M whistleblower will receive $1,911,000.

Earplug History

3M inherited the offending earplugs from a company called Aearo, which purportedly knew as early as the year 2000 the earplugs were too short for proper insertion into users’ ears and that they could imperceptibly loosen, endangering users’ hearing. Neither company acted to correct the design flaw or to bring the issue to light, however.

3M took over Aearo and its government contract for earplugs in 2008.

“The Department of Justice is committed to protecting the men and women serving in the United States military from defective products and fraudulent conduct,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division.  “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”

Problems with 3M Combat Arms Earplugs

For 13 years, military personnel falsely believed they were protecting their ears with the Combat Arms Earplugs.

Loud noises can injure the ears in two ways. High level, short duration noise exposure higher than 140 decibels can make the thin tissues in the inner ear stretch beyond their limits, damaging sensory cells. This type of trauma can cause permanent hearing loss that’s induced immediately.

Long term exposure to low level noise damages biochemical pathways and can cause cell death. The intensity and loudness of the noise can cause outer hair cells to die almost immediately and continue dying for a month after the noise injury.

Tinnitus and hearing loss were the two most prevalent service-related disabilities in U.S. veterans for the fiscal year ending 2012, according to the Journal of the American Medical Association. Hearing problems can interfere with a soldier’s ability to hear orders or even communication from the enemy.

Veterans who arrives home and suffers hearing loss are at greater risk of isolation and depression, often due to the inability to converse as easily. Those injured vets can seek personal recompense for damages caused by faulty earplug use.