Army Vet: 3M Combat Arms Earplugs Version 2 Caused Hearing Loss, Tinnitus

A former U.S. Army soldier is suing 3M, the manufacturer of earplugs she claims caused her to develop hearing loss and tinnitus.

Plaintiff Carol J. joined the Army in 1980 at the age of 27. Her lawsuit says Carol had never suffered from or been diagnosed with tinnitus or hearing loss before enlisting. But she developed these conditions, she claims, as a result of allegedly defective 3M Combat Arms Earplugs Version 2 earplugs, standard issue equipment during her time in the military.

Tinnitus is the medical term referring to the perception of ringing or another noise in the ears. Usually, tinnitus is a symptom of another condition such as hearing loss. Although this is a seemingly minor symptom, it can cause annoyance and unrest when the sound continues for years.

Jones is one of hundreds of veterans who have filed 3M earplug lawsuits, according to Military Times.

According to the Minneapolis Star Tribune, 3M (later acquired by Aearo Technologies) agreed to pay $9.1 million to settle the government’s claims — without admitting liability — that the company knowingly sold the military thousands of defective earplugs.

Jones’ suit notes that the Combat Arms Earplugs Version 2 are made with two different sides — a yellow side that lets in some noise and a green side that blocks out noise completely.

When one side of the earplugs is inserted into the ear, according to the lawsuit, parts of the other side get stuck, preventing the side in use from going all of the way into the ear. This in turn keeps the ear plugs from sufficiently blocking out noise.

Jones’ 3M combat earplugs lawsuit claims that her hearing loss and tinnitus (ringing in the ears) is a direct result of this design defect which  prevented her ears from being properly protected while firing weapons at Fort Dixon, Fort Jackson, Fort Bragg, Fort Bliss, and at West Point.

The suit claims that the defendant breached its duty of care by designing earplugs that “failed to prevent harmful sounds from entering Plaintiff’s ear canal during reasonably anticipated military activity” and fraudulently misrepresented that its product “would protect military service members hearing from loud and destructive noises.”

The government has also taken legal action regarding the allegedly defective 3M earplugs. The U.S. federal authorities claimed that 3M knew the earplugs were defective but sold them to the government anyways. Eventually, these claims were resolved in a $9.1 million settlement.

“3M has great respect for the brave men and women who protect us around the world,” 3M said in a written statement to KPBS. “We have a long history of serving the U.S. military, and we continue to sell products, including safety products, to help our troops and support their missions. We are not commenting on specific litigation matters at this time.”

Unfortunately, none of this money went towards compensating veterans – prompting these individuals to take legal action against the company. Hundreds of veterans have filed legal action against 3M, seeking compensation.

Veterans argue that they trusted 3M to provide safe and effective earplugs to protect their hearing amidst training and deployment. These individuals claim that 3M cared only about their profits and prioritized that over the wellbeing of the selfless men and women who sacrifice their life to protect the United States.

“These earplugs have a dangerous design flaw,” one lawyer representing veterans told CBS. “The goal is to send a message to 3M and other companies that […] you cannot defraud the United States of America and have the consequences be the health and wellbeing of our military members.”

The Combat Arms Earplugs Version 2 Defect Lawsuit is Case No. 3:19-cv-00972-AVC, in the U.S. District Court for the District of Connecticut.