A Wyoming veteran has filed a lawsuit in the U.S. District Court for the District of Wyoming seeking compensation for hearing loss in the military related to purportedly defective 3M earplugs.

According to K2 Radio.com, plaintiff Steven M. names 3M and Aearo Technologies LLC as defendants. Aearo Technologies was the original manufacturer of the allegedly faulty earplugs. The company supposedly continued to sell the dual-ended combat arms earplugs to the military despite becoming aware of its shortfalls around the turn of the millennia. While maintained as a separate operating unit, Aearo was acquired by 3M in the early 2000s.

Steven is just one of many veterans suing 3M and Aero for compensation for hearing loss. While 3M or its subsidiary has not admitted wrongdoing, a settlement was reached in 2018 between the U.S. Department of Justice and the St. Paul, Minn.-headquartered company. The $9.1 million settlement was to resolve allegations of selling the substandard dual-ended combat arms earplugs, version 2, to the military without disclosing the way in which the design compromised the functionality of the device.

The earplugs were sold to the Defense Logistics Agency despite being too short in length to function properly. In the DOJ’s False Claims Act lawsuit, the government claimed 3M and Aearo understood the device could loosen without the awareness of the serviceperson using it and cause it to not function well.

How the Dual-Ended Combat Arms Earplugs Worked

As indicated by the K2 Radio.com report, the dual-ended combat arms earplugs were devised with two ends which were color-coded depending upon the degree of ear protection desired.

When worn with the yellow end inserted, they were considered more open and allowed one to hear conversation, but blocked the intensity of explosions and gunfire deployment. When the green end was inserted, all sounds would be blocked to the greatest degree possible. The purported length defect affected the device regardless of method of insertion.

Steven, a resident of Casper, served in the U.S. Navy for 11 years as a Seabee. He was honorably discharged in 2014 at the rank of Builder Second Class. During this time, he served four tours, equally distributed between Iraq and Afghanistan, according to The Casper Star Tribune.

The veteran claims he developed tinnitus as a result of using the faulty combat earplugs. The condition came on as early as age 34 and is indicative of ear damage and hearing loss. Tinnitus is essentially phantom noise consisting of ringing, buzzing, hissing, humming, or roaring in the ears. It is not reflective of actual noise in the environment, but can be constant and stand in the way of the individual’s ability to concentrate.

While many people may experience tinnitus following short term exposure to the loud sounds of a concert or other event, this type is very likely to go away. Long term exposure to loud sounds like that of combat may persist long after the noise exposure ends. Ongoing tinnitus following lengthy military service is more typical of actual damage to the ear.