Veterans of the armed services who suffer from hearing loss blame 3M ear plugs, and continue to take their cases to court.

Manufacturers paid over $9 million in 2018 to settle a qui tam lawsuit alleging that it knowingly sold a defective product to the Department of Defense (DoD). Currently, 3M and its subsidiary, Aearo Technologies, have more than 2,000 lawsuits pending against them. The plaintiffs are those who were on active duty between 2003 and 2015 and suffered damage to their ears because the product did not perform adequately.

3M Ear Plugs – a Dubious History

Officially, the product that is the cause of action in recent litigation is known as the Combat Arms Earplugs Version 2 (CAEv2). The device was originally designed by Aearo Technologies, Inc., which was awarded a DoD contract in 2003. The product featured a unique double-ended design: inserted with the olive green side going into the ear, it was supposed to protect combat personnel against constant, loud noises such as the roar of an aircraft engine or an armored vehicle. Inserted yellow side first, it was intended to offer protection against explosions while allowing personnel to hear voices or detect hostile action.

In 2008, Aearo Technologies was bought out by 3M, which also acquired the contract. Eight years later, a “qui tam,” or whistleblower lawsuit was filed, claiming that there was “protracted fraud perpetrated on the military by 3M,” as the 3M ear plugs were not designed to fit properly. As a result, thousands of combat personnel may have suffered significant hearing loss.

Ultimately, 3M agreed to settle the case for $9.1 million – but as is usual in such situations, was not obliged to admit any wrongdoing.

Falsifying Test Data?

Veterans who are currently suing the manufacturers over the 3M ear plugs actually provided false test results in order to meet noise reduction standards demanded by the DoD. One plaintiff says that Aearo Technologies did not even bother to hire an independent lab to test the earplugs in accordance with federal law. Instead, 3M claims to have conducted their own tests, which the plaintiff calls a “sham.”

During early tests, according to the 3M lawsuits, the olive green end of the earplugs performed less than half as well as was required – and the yellow end actually exacerbated the problem by amplifying sound. In an attempt to correct the problem, Aearo designers rolled back the flanges on either side in order to keep them from coming loose. However, the military was not informed of this, nor were instructions provided with the corrected product.

Possible Ear Injuries

Loud blasts can lead to damage to the auditory nerve, inner ear, middle ear, eardrums, and other structures. This damage can have a wide range of consequences.

Hearing damage can result in a condition called tinnitus – the medical terminology for ringing in the ears. Some veterans reportedly experience this on a small, intermittent scale while others may deal with significant tinnitus that interferes with their ability to hear.

Hearing loss is also a possibility of blast damage. Some hearing loss is mild and can be reversed with medication or surgery. Some veterans with hearing loss due to damage to the inner ear and auditory nerve cannot be cured but may benefit from using a hearing aid. However, damage from loud noises can also affect the eardrums and middle ear – leading to permanent and irreversible hearing loss.

According to the Department of Veterans Affairs (VA), veterans may be at risk of developing auditory processing disorder if their ears are damaged by blast exposure. Veterans with this disorder may score within normal limits on hearing tests but struggle to understand speech.

The VA notes that hearing loss affects over 28 million Americans. A significant number of these Americans are reportedly veterans. As of 2014, over 933,000 veterans were receiving compensation through disability benefits for hearing loss. Nearly 1.3 million veterans reportedly received disability compensation for tinnitus.

Veterans who have filed lawsuits against 3M claim that the allegedly defective ear plugs may have contributed to their suffering from hearing loss and other hearing-related injuries.

Holding 3M Accountable

If you are a veteran who suffered hearing loss because of 3M ear plugs, you may be able to recover damages for rehabilitation, hearing aids and/or treatment, decreased quality of life and psychological suffering. Be sure that your attorney has copies of hearing tests, service and VA medical records and any other documentation that may be required in order to prove your case.