A group of United States veterans is suing 3M Company, alleging that defective military-grade earplugs caused them to suffer some form of hearing loss during military service. 

The plaintiffs, all of whom live in Texas, maintain that their auditory damage stems from 3M’s purportedly flawed dual-ended combat arms earplugs, which should have prevented any hearing loss, according to the lawsuit.

Plaintiffs David D., Bryan D. and at least 10 other U.S. veterans jointly filed legal action after discovering 3M may have sold and supplied them with faulty earplugs.

3M’s Dual-Ended Combat Arms earplugs were supposed to mitigate the deafening sounds of gunfire and other loud noises commonly heard during combat training and active duty service while still allowing soldiers to communicate with each other.

While the specialty earplugs were designed to block sounds that could result in tinnitus and hearing loss, the litigants contend that’s exactly what occurred. Each of them alleges hearing loss during military service.

According to the lawsuit, the earplugs’ stem component was too short, making it difficult for users to properly insert the plugs into the ear canal. As a result, the soldiers were unable to secure the plugs deep enough into the ear canal to ensure a proper fit.

A recent investigation by the United States Department of Justice (DOJ) concluded that 3M Company sold the defective Dual-Ended Combat Arms Earplugs to the U.S. military between 2002 and 2015. The DOJ determined that the earplugs were too short for proper insertion, putting soldiers at risk for hearing damage and tinnitus, which is characterized by the perception of noise or ringing in the ears.

Overview of 3M Military Earplugs Allegations

In July 2018, Minnesota-based 3M Company agreed to pay $9.1 million to resolve allegations that it knowingly sold defective earplugs to the U.S. armed forces, though the company admitted no wrongdoing in agreeing to the settlement.

The now-discontinued Dual-Ended Combat Arms Earplugs were standard-issue equipment for soldiers serving in Afghanistan and Iraq between 2002 and 2015.

Hearing loss is a significant problem for military veterans. The CDC states that military vets are 30 percent more likely to develop hearing problems compared to those who never served. According to the Department of Veterans Affairs, in 2014, 933,000 military veterans were receiving compensation for hearing loss and nearly 1.3 million vets were receiving assistance for tinnitus.

The 3M earplugs lawsuit also accuses 3M of failing to fix the flawed design of its earplugs for years. It also notes that the company reportedly had safer design alternatives that significantly reduced the risk of hearing loss, yet continued to sell and supply the allegedly defective Combat Arms earplugs.

The plaintiffs argue that they had no way of knowing about the defective earplugs until the DOJ announced its investigation. Countless veterans may have developed tinnitus and hearing loss from military service. The soldiers are seeking compensation for negligence and other relevant damages.

This 3M Earplugs Lawsuit is Case No. 1:19-cv-00344-RP, in the U.S. District Court of Western Texas, Austin Division.