Many lawsuits filed by U.S. veterans claiming they suffer hearing damage caused by defective military ear plugs have been transferred to a federal court in Florida by U.S. District Court Judge Berle M. Schiller.

Judge Schiller had said in early April the proceedings in all the cases would be stayed while a multidistrict litigation was formed for transfer to a single court.

Judge Schiller said, “The parties hereby stipulate and agree that further proceedings in this matter, including, without limitation, 3M’s obligation to answer or otherwise respond to plaintiffs’ complaint, be stayed pending the Judicial Panel on Multidistrict Litigation’s decision regarding whether this matter will be transferred to an MDL.”

Nearly half of all veterans who suffered injury experience a constant ringing in their ears, known as tinnitus, or significant hearing loss. This is the basis of their lawsuit complaints.

Earplug Problems

In an effort to protect the hearing of U.S. military members, the federal government contracted with a company called Aearo in 2006 to provide the company’s Combat Arms ear plugs to all service members. 3M bought Aearo in 2008, and as a result, inherited the Combat Arms ear plugs and the lucrative contract.

3M now faces lawsuits by members of the military who say the company knew the ear plugs were defective, but continued to manufacture them and sell them to the military anyway.

The U.S. government began buying about 15,000 ear plug packages each year in 2006. Fifty pairs of ear plugs are in each package. The government contract amounted to a minimum of $9 million in annual sales for 3M, allege the lawsuits.

Alleged Defects of Military Ear Plugs

The Combat Arms ear plugs in question were designed with two unique ends. A yellow end was advised to be used in the ear when the user wanted to hear verbal commands, but block out potentially dangerous loud noises, such as explosions and gun fire. Users were advised to insert the green end to completely protect their ears from all external noise.

In 2018, 3M settled a False Claims Act lawsuit over allegations the company knew the ear plugs could loosen an imperceptible amount to the wearer, exposing the user to potentially damaging noise. 3M paid $9.1 million to the federal government, and a portion went to the whistleblower who originally filed the lawsuit.

The claims in that settlement were regarding allegations only and did not determine actual liability. Still, 3M purportedly knew the military ear plugs were not fully protective as far back as the year 2000. The company allegedly provided false documentation to the military that showed the ear plugs were certified for combat use.

Because the Combat Arms ear plugs have never been the subject of a recall, many might still be used by active military who are unaware their ears are not fully protected. Hundreds of veterans have already suffered hearing damage from the defective product.

Hearing Damage

Army, Air Force and Navy veterans have suffered from hearing impairment in one or both ears and/or tinnitus in one or both ears.

According to the Mayo Clinic, tinnitus is a sensation that an irritating sound is present even when no external cause is culpable. Phantom noises include ringing, buzzing, clicking, hissing, humming or even roaring. Some patients hear a high squealing noise.

Tinnitus might exist 24 hours a day, every day for some veterans, while others may hear it come and go. The sounds can become so loud that they distract the victim from being able to concentrate or to hear an external sound.