A Wyoming man has filed a lawsuit against 3M, alleging the company’s defective earplugs led to his diagnosis of tinnitus from military service.

Navy veteran Steven M. said he wore 3M Combat Arms Earplugs Version 2 during two tours in Iraq and two additional tours in Afghanistan. He said he was diagnosed with tinnitus at age 34.

Tinnitus is the perception of a noise or ringing in the ears, indicative of ear injury or of age-related hearing degeneration. There is no cure for tinnitus, which can range from a low buzzing noise to a loud cricket clicking noise.

Steven said he relied upon the 3M earplugs to protect his ears from loud noises while he was a Navy “Seabee,” which is vernacular for a member of the U.S. Navy’s Construction Battalions. Throughout his four tours, Steven said in his lawsuit that he “was continuously exposed to loud noises and explosions.”

He said he also used the earplugs to protect his ears when participating in combat exercises and at firing ranges, where he was in close vicinity to the loud firing of various weapons.

U.S. Justice Department Alleged 3M Knew Tinnitus from Military Service Possible

In July 2018, the Department of Justice announced that 3M Company had agreed to a $9.1 million settlement to resolve allegations the company knowingly sold Combat Arms Earplugs Version 2 to the U.S. military without disclosing defects that prevented the earplugs from being effective in protecting the ears.

“The Department of Justice is committed to protecting the men and women serving in the United States military from defective products and fraudulent conduct,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division in a press release published at the time the settlement was reached.  “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”

The 3M Company made at least $9 million in annual sales to the U.S. military by selling 15,000 packets of earplugs every year since 2006.

The earplugs were ‘inherited’ by 3M when 3M bought Aearo Technologies, which designed and made the earplugs. Steven alleges in his lawsuit that Aearo knew the earplugs were defective as far back as the year 2000.

In Steven’s suit and other tinnitus and hearing loss lawsuits, Aearo allegedly falsified test results on the earplugs once the researchers realized the test results were not as successful as they wished. Their modified data convinced the U.S. military that the Combat Arms Earplugs Version 2 were effective at protecting the ears of men and women who serve the country.

Steven’s lawsuit also alleges the problems with earplugs becoming imperceptibly loose was “more likely to manifest itself during military activities than in a lab” because of the length of time military personnel must wear the earplugs in a rough-and-tumble environment.

Steven is one of hundreds of veterans suffering from hearing loss or tinnitus from military service. Even though the combat earplugs in question are no longer issued to military members, there could be leftover Combat Earplugs Version 2 devices still available that unsuspecting personnel may use.