The dual ended combat arms earplugs manufactured by 3M have been described as defective in previous lawsuits and complaints from military members. These earplugs are marketed as being comfortable and reusable despite the fact they allegedly break down overtime and fail to protect military service members from the ear protection they need in service.

The earplugs can slip out of place until they do not meet the effective noise cancellation needs, according to the Department of Justice news release. One retired army service member claimed that he had tinnitus and significant hearing loss despite wearing the earplugs issued to him while in service.

Have there any been settlements involving the 3M combat arms earplugs?

A settlement recently occurred between 3M company and the Pentagon over these military earplugs that were allegedly defective. This settlement resolved claims that 3M had defrauded the government in part by misrepresenting the quality of its earplugs. This settlement does not compensate any servicemembers or veterans, however.

How do I know if I might have received these earplugs?

Troops were issued the 3M earplugs in question between 2003 and 2015. This means that many people who served in the wars in Afghanistan and Iraq could have been subjected to faulty 3M earplugs. Those who were involved in training and required to wear the earplugs on a regular basis could have also suffered the consequences.

Who is responsible for these defective earplugs?

In the recent case against 3M, the government argued that 3M and another manufacturer knew that there was a design flaw in the product but failed to disclose it. As part of the whistleblower lawsuit brought forward over these earplugs, 3M had to pay $9.1 million to the government as well as the whistleblower to settle that claim.

That claim, however, did not involve an admission of liability or guilt. Since none of this settlement money from that lawsuit went to former service members who wore the earplugs, some veterans are considering filing their own legal action.

Combat arms earplugs lawsuit allegations

According to the Military Times, a recent lawsuit filed in Missouri by a servicemember also argued that the company is responsible for deceit, fraud and negligence in addition to failing to inform the military about the defect, even though they knew there was a problem.

The company, according to that lawsuit, suppressed the testing results that revealed the defect inside the earplugs that would have failed to provide appropriate noise cancellation to members of military service.

In that lawsuit, 3M company was accused of acting wantonly, willfully, and recklessly. Individual service members are now exploring their options to take legal action by filing a lawsuit against the 3M company for these defective earplugs.

Veterans have proved successful in lawsuits against 3M alleging hearing loss and other injuries. As of 2022, 3M is facing bellwether trials in a consolidated MDL over its earplugs. In May, the company lost the 9th bellwether trial in a series of 15 trials to be completed over the coming months. Veteran victories in these trials have awarded millions of dollars in damages, although some of these jury awards were later reduced.

What are the signs that a military service member has grounds to participate in this investigation?

Military service members who did not have a diagnosis of hearing loss or tinnitus prior to entering the military and served during the time that these earplugs were standard issue may qualify to participate in a class action lawsuit investigation if they have developed significant hearing problems.