A former U.S. Marine has filed a lawsuit against 3M and Aero Technologies, claiming that the companies’ allegedly defective 3M Combat Arms Earplugs Version 2 caused his hearing loss.

The 3M Combat Arms Earplugs Version 2 lawsuit was filed by Kevin D. He says that he entered the U.S. Marine Corps in 1993, and then moved to the army, working as a certified weapons instructor. He says that between 2003 and 2010, he used 3M Combat Arms earplugs, issued by the military.

He says that he wore them when he worked as a weapons instructor, using the earplugs for training and when he was deployed in the Middle East. Allegedly, he had no hearing problems before he entered the military, but after serving was diagnosed with hearing loss in his right ear and tinnitus (ringing) in both ears.

Kevin claims that his hearing loss was caused by the Combat Arms earplugs on which he had relied for many years during his career. The 3M earplugs lawsuit says that the design of the earplugs was defective, making them ineffective.

3M Earplug Lawsuits

His 3M Combat Arms Earplugs Version 2 lawsuit cites the United States’ Justice Department’s settlement with 3M over the same issue. Kevin cites that the U.S. DOJ claimed that the earplugs were too short, and they could loosen while being worn, which made them less effective in protecting the hearing of the wearer.

Allegedly, this loosening was largely unnoticeable by users, so the soldiers would often continue to wear them in loud situations, believing that the earplugs were working fine. Nation of Change notes that Kevin is not the only military member to file a lawsuit over the issue — the organization reports that hundreds of other former military members filed lawsuits against 3M, saying that their hearing was damaged because of the defective design. 

Military Times elaborates, saying that the lawsuits claim that the earplugs did not maintain a tight seal during use, which was crucial to their efficacy.

Nation of Change says that hearing loss is already a major issue for military members, and military members rely on good hearing protection to preserve their hearing in situations of extreme noise. Reportedly, as many as 52 percent of combat soldiers have at least moderately severe hearing loss because of the extreme noises they are subjected to as a part of their work.

Manufacturers Aware

To make matters worse, both the Department of Justice and individuals have claimed that 3M knew that the earplugs were defective and did not take enough action to protect military members.

Allegedly, 3M had a multi-million dollar annually contract with the U.S. military to provide earplugs and sold the Combat Arms earplugs to the military from 2003 to 2015. The U.S. accused 3M of knowing that the earplugs were defective, noting that the company stopped selling the earplugs, but did not recall them. This means that though the earplugs were not still on the market, military members were still wearing them and relying on them for protection, said the Department of Justice.

3M reached a $9.1 million settlement with the Department of Justice over this issue last year, but still faces lawsuits from service members who claimed that they were injured by the Combat Arms earplugs.