A federal judge has set 3M earplug trial dates for four plaintiffs who allege their hearing was severely damaged when they depended upon the earplugs to protect their ears during their military service.

The 3M Combat Arms Earplugs lawsuits filed by Luke and Jennifer Estes, Stephen Hacker, and Lewis Keefer will no longer be separate trials. Those lawsuits will be consolidated and set as a bellwether trial to begin April 5, according to U.S. District Judge M. Casey Rodgers.

Legal representatives from 3M expressed concern that jury members could have a difficult time keeping the different facts of the cases straight, but the judge said she had confidence the cases could be properly tried together.

A separate trials will be held for two other cases. Plaintiff Dustin McCombs will see his trial against 3M begin on May 17, while plaintiff Lloyd Baker will start his 3M earplug trial on June 7.

In the summer of 2018, the U.S. Department of Justice announced that 3M had agreed to pay $9.1 million to resolve allegations the company knowingly sold earplugs to the military without disclosing defects that impacted their effectiveness.

The Combat Arms Earplugs, Version 2 (CAEv2) were originally sold by Aearo Technologies, Inc., which was sold to 3M. Both companies allegedly knew the earplugs were too short to stay properly inserted in a users’ ears, which led to the earplugs loosening just enough to allow damaging sounds to enter the ear canal.

The allegations were brought forth in a lawsuit filed under the whistleblower provisions of the False Claims Act, which provides the opportunity for individuals to sue on behalf of the government when they see defendants have submitted false claims for government funding and then share in any monetary recovery. In the 3M earplugs case, the whistleblower received $1,911,000.

Now that 3M earplug trial dates have been set, service members also hope to receive compensation for the loss of their hearing.

Complaints Cite Similar Hearing Issues

Right now, an MDL that includes more than 600 lawsuits from several states looks to hold 3M and Aearo responsible for the hearing difficulties that many retired service members now endure on a daily basis.

Among the hearing problems many service members have identified that they believe are linked to the allegedly defective earplugs are partial hearing loss, total hearing loss, and tinnitus (ringing in the ears).

Some service members report the ringing in the ears is constant, but the volume varies and makes it difficult to even sleep. Tinnitus may sound like a clicking, humming, low-pitched ring or high-pitched ring. The latter is most common among people who have suffered exposure to very loud noises that have permanently damaged the ears.

The CAEv2 earplugs were provided to the military through a government contract from 2003 to 2015.

The earplugs were designed with a yellow-colored end that once inserted was supposed to allow the wearer to detect low-level sounds. The other end was green and designed to block complete sound. Made with triple-flanges, the earplugs were advertised to attenuate high-impulse noise quickly. Unfortunately, the design also allegedly allowed for imperceptible loosening in some users, which allowed damaging sounds into the ear.

The U.S. Department of Veterans Affairs medical centers report that tinnitus and hearing loss are the first and second most commonly reported health issues among military veterans.

According to the Hearing Health Foundation, even veterans who score within a normal range on hearing tests may suffer from auditory processing disorder or central auditory processing disorder, which means they have problems understanding speech. Exposures to loud blasts may result in this type of hearing loss.