If you are a U.S. veteran or active duty military member who was issued 3M combat arms earplugs for work between 2002 and 2015 and have developed hearing problems, you may be eligible to pursue compensation.

Thousands of military service members may have been issued defective 3M earplugs, according to an investigation by the U.S. Department of Justice.

What’s wrong with 3M Combat Arms earplugs?

After multiple reports of hearing loss, tinnitus, and deafness were reported by military service members, the U.S. Department of Justice launched an investigation into the safety of 3M’s military earplugs.

The investigation found that the earplugs issued to service members were too short for proper insertion into the ear canal. Due to the short length of the plugs, they are reportedly prone to losing their seal with the ear. When this seal breaks, service members’ ears are not protected from loud noises, the investigation found.

Service members, however, may not have realized that even though they were wearing the earplugs, their ears were not properly protected.

Dangers of defective military earplugs

Defective or ineffective earplugs may pose a number of dangers to the hearing health of military service members. During combat and training, military service members may be exposed to dangerous levels of noise from gunfire, aircraft, tanks, heavy equipment, or roadside bombs. These loud noises may cause permanent hearing loss or deafness.

Along with the risk of hearing loss or deafness, defective earplugs may also increase the risk of developing tinnitus. Tinnitus is the perception of noise or ringing in the ears, according to the Mayo Clinic. Although tinnitus is a symptom of an underlying hearing condition, rather than being its own condition, it can be frustrating, distracting, or even debilitating to sufferers.

The types of phantom noises caused by tinnitus include ringing, buzzing, humming, roaring, hissing, or clicking sounds. These sounds may vary between a high and low pitch. They may be present constantly or be intermittent. Tinnitus may also result in numerous side effects, including fatigue, stress, sleeping problems, trouble concentrating, memory problems, depression, or anxiety.

How was the 3M earplug problem discovered?

The problem of the 3M earplug defect was reportedly brought to the attention of the government because of a whistleblower lawsuit. In 2016, the earplug maker Moldex-Metric Inc. reportedly filed a whistleblower lawsuit against 3M over the issue, per the Minneapolis Star Tribune. That lawsuit reportedly came on the heels of a bit of a lawsuit back-and-forth between the two companies.

Moldex-Metric claimed that the earplug’s short length caused them to “loosen imperceptibly” during use, says the Star Tribune. Because the loosening was subtle, service members were allegedly in many cases unaware that anything was wrong and that their earplugs were too loose. So, service members allegedly continued to wear the earplugs in their loosened, less-effective state, which caused hearing loss.

The Star Tribune goes on to report that Moldex also claimed that the 3M earplugs failed to pass certain safety tests. 3M’s competitor claimed that 3M knew that their earplugs failed to pass the safety tests knowingly sold the military defective earplugs, which violated military safety contracts.

This lawsuit precipitated an investigation into the issue by the U.S. Department of Justice into the Dual-Ended Combat Arms Earplugs. After the investigation, the Department of Justice then filed its own claims against 3M, claiming that the company violated the False Claims Act and argued that 3M did know that the earplugs were defective but sold them anyway.

3M military earplugs lawsuits

3M agreed to a $9.1 million settlement in July 2018 to resolve allegations that the company violated the False Claims Act and knew about the defective nature of its products at the time of the sale to the U.S. military. According to the investigation, the manufacturer of the earplugs may have known about problems with the product as early as 2002, selling defective earplugs for 13 years, affecting a huge number of service members.

Under the terms of the settlement, 3M has not admitted any guilt.

More than 200,000 current and former members of the U.S. military are currently involved in litigation against 3M over its allegedly defective earplugs. When several bellwether lawsuits went to trial in April 2021, the jury found 3M liable for hearing damage, and awarded each of three plaintiffs $2.1 million in punitive damages.

As of 2022, 3M is on a losing streak in its defective earplug litigation, having paid out $1.7 million in damages in once recent bellwether case, and $110 million in another case — the largest yet in the bellwether trials. This large award is divided between the two plaintiffs, each awarded $15 million in compensatory damages and $40 million in punitive damages due to tinnitus and hearing loss they say was caused by using the earplugs. In late 2021, 3M was ordered to pay $22.5 million to an Army veteran, including $7.5 million in compensatory damages and $15 million in punitive damages.

A Florida federal judge has ordered an acceleration of bellwether trials and other cases in the MDL due to an “unprecedented backlog” of cases, per Law360. In April 2022, a judge blasted 3M over its motion to require MDL plaintiffs to pay immediate filing fees, calling the move moot and “hard to divine.”

Although these earplugs have since been discontinued, the 3M combat arms earplugs were standard issue equipment for soldiers serving in Iraq and Afghanistan between 2002 and 2015 and may have harmed thousands of service members.

If you served in the military between 2002 and 2015, you may have been issued defective 3M combat arms earplugs. If you used these earplugs during your time in the military and have suffered subsequent hearing loss, tinnitus, or deafness, you may be able to pursue significant compensation for your injuries.

Hundreds of lawsuits have already been filed against 3M regarding earplug-related deafness, hearing loss, and tinnitus.

If you or someone you love has suffered from tinnitus, hearing loss, or other problems caused by 3M combat arms earplugs used during service with the U.S. military, 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.