A growing number of veterans from across the country claim that 3M Combat Arms earplugs are ineffective and result in hearing damage.

Army veteran Vashon B. is one of the dozens of North Carolinian veterans filing a 3M Combat Arms earplugs lawsuit. He and other service members claim that the 3M military protective gear was defective and its failure caused them to sustain hearing loss and other injuries.

Vashon served for 11 years in the United States Army. His service included one deployment to Afghanistan and three deployments to Iraq.

“Very proud of my service. If I had to, I’d sign up and do it all over again,” Vashon told ABC 11.

Although he is proud to have served his country, Vashon reportedly suffered from hearing damage during his training and combat experiences. Medical exams conducted before and after his deployment allegedly showed that he had lost some hearing during his first tour. The issue allegedly got worse with each of his subsequent deployments.

In addition to hearing loss, Vashon reportedly suffers from tinnitus.

What is tinnitus?

Tinnitus is a condition involving the sensation of having your ears “ring” but has also been described as the perception of buzzing, roaring, clicking, hissing, and humming in the ears.

There are two types of tinnitus: subjective and objective. Subjective tinnitus is a sound in the ear that only you can hear. This is often caused by problems in the outer, middle, or inner ear, but may be caused by problems with the nerves and the way the brain processes sounds.

Objective tinnitus is a sound that your doctor can hear when they examine your ear. This is very rare and may be indicative of problems with the blood vessels, middle ear bones, or muscles around the ears.

Although the condition can be annoying, subjective tinnitus is usually not a serious health problem, in and of itself. Instead, tinnitus is usually a symptom of another larger condition such as noise-induced hearing loss.

“I began to get frustrated. I’ve been complaining to my wife that at night there’s constant ringing in my ears,” Vashon told ABC 11.

Vashon had assumed that his hearing loss and tinnitus were just a typical experience from his service in the military. However, news of settlements with 3M made him realize that he may have a legal claim due to his use of 3M Combat Arms earplugs.

A defective design

The 3M Combat Arms earplugs were originally manufactured and sold to the Defense Department by Aearo Technologies. The device featured a double-ended design. Inserted one way, it was supposed to protect the user from loud, sustained noises, such as that generated by aircraft and ground vehicles while in operation. Worn with the other end inserted, it ostensibly provided hearing protection from sudden explosions, i.e., gunfire and explosives, while allowing the user to hear verbal communications and the sound of approaching enemies.

The problem alleged in lawsuits, however, is that the earplugs did not fit properly, and could slip out of place without the user being aware, exposing them to risks they thought they were protected from.

In 2016, another company, Moldex-Metric Inc., filed a whistleblower lawsuit against 3M, which acquired Aearo Technologies in 2007, under provisions of the False Claims Act. In their complaint, Moldex-Metric claimed that 3M had fraudulently sold earplugs to the DoD that they knew to be defective for over ten years, and failed to disclose the problem.

Ultimately, 3M settled the allegations in 2018 — but as is usual in such settlements, the company was not required to admit liability.

Claims against 3M

In the 3M settlement with the government, reached in July 2018, the company agreed to pay $9.1 million to resolve claims that it defrauded the government when it sold 3M Combat Arms earplugs despite the product’s alleged defects.

“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 in a statement.  “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”

The settlement has not prevented former service personnel who have suffered hearing loss from pursing legal action against the company. In February 2019, the Military Times reported that several hundred veterans had filed a lawsuit against 3M in a federal court in Texas, alleging that the manufacturer had failed to warn them of the defect and did not furnish adequate instructions on how to use the device.

Thousands take part in 3M Combat Arms earplugs lawsuit

More than 200,000 current and former soldiers are taking part in litigation accusing 3M of knowingly providing defective Combat Arms earplugs to the U.S. military, according to a report last year by the Minneapolis Star Tribune. Reportedly, the lawsuit is one of the largest of its kind, and several bellwether lawsuits headed to trial in Florida federal court in April.

So far, 3M has lost two of the first three bellwether trials against it over its Combat Arms earplugs. In the first, three military members were awarded more than $2 million each in punitive damages. In the second, 3M was cleared of liability, but in the most recent bellwether case, 3M was found to be 62 percent responsible for the plaintiff’s hearing loss, who was awarded $1.7 million in damages. As many as 240,000 cases are still to come in the multidistrict litigation.

Combat Arms earplugs were reportedly “standard issue” for the military in Iraq and Afghanistan in the 2000s, notes the Star Tribune.

“I didn’t know these earplugs were defective,” a former member of the Navy told reporters. “I thought they were the best of the best.” He says he now must wear hearing aids in both ears and is constantly plagued by tinnitus.

For its part, 3M reportedly maintains the earplugs were not defectively designed and did not cause any injuries.

“Plaintiffs’ attorneys have created a false and baseless narrative regarding the product, and we will vigorously defend ourselves against such allegations,” 3M reportedly said in a statement issued regarding the pending litigation.

The Star Tribune reports that the upcoming decision by a Florida federal judge will determine the course of the pending 3M earplug lawsuits. Most recently, the judge concluded that 3M could not claim a “government contractor defense”.

Reportedly, the plaintiffs say that 3M and its predecessor failed to share information with the U.S. military about the design of the Combat Arms earplug. 3M maintains that it shared all necessary information, however.

One of the class action lawsuits has unearthed internal documents about the company’s production of the earplugs, and a judge recently ordered that the internal documents be unsealed and made public. The lawsuit alleged that 3M was aware of the earplugs’ defect, pointing to the internal documents as evidence.

Filing a 3M defective earplugs lawsuit

Soldiers who experienced personal damages such as health costs, hearing aids, medical care, and other claims may be able to take legal action against 3M. Hundreds of defective earplug lawsuits have already been filed. These lawsuits often claim that 3M misrepresented how well their Combat Arms earplugs protect against loud gunfire and explosions.

If you served in the U.S. military between 2002 and 2015, you may have been using defective 3M Combat Arms earplugs. If you have suffered subsequent hearing loss, tinnitus, or deafness, you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.