Hundreds of veterans have filed lawsuits against 3M, claiming that military earplugs manufactured by the company for years resulted in long term hearing damage and conditions including tinnitus.

According to the American Tinnitus Association, the U.S. Department of Veteran Affairs (VA) was paying out approximately $1.5 billion to over one million veterans for issues related to hearing loss and tinnitus as of 2014. An additional 933,000 veterans receive financial assistance from the VA for hearing loss due to combat and other military factors.

Tinnitus can cause long term problems for veterans, including depression, anxiety, mood swings, emotional distress, irritability or frustration, sleeping problems, poor concentration, and pain. Tinnitus sufferers frequently report social isolation due to their condition. In some cases, damage to the inner ear due to ineffective combat earplugs may also result in vertigo or loss of balance. Additionally, some sufferers may be unable to work due to the severity of their tinnitus.

Veterans and active-duty members who developed tinnitus or other hearing problems due to allegedly defective earplugs that were assigned to military service members may have legal options available to them to pursue compensation for damages caused by a defective product.

As many as 750,000 pairs of defective earplugs were supplied to the military by 3M every year between 2006 and 2015 when the product was discontinued. Hundreds of thousands of veterans and active service members may have been affected by the allegedly malfunctioning earplugs in this time period. Additionally, at least one lawsuit against 3M claims that although these earplugs were discontinued, they were not recalled, meaning that these devices may still be in use by military members today.

What are Combat Earplugs?

Active duty military members in combat zones are often issued special earplugs to help protect them from hearing loss or other auditory issues. Military members in combat zones may be subject to dangerously loud noise levels from a variety of events, including gunfire, bombs, aircraft, tanks, heavy equipment, and more. Having effective ear protection is very important in these situations to prevent permanent damage to the ears.

Which Combat Earplugs Are Affected?

Military members who were assigned combat earplugs while on assignment in Afghanistan or Iraq between 2002 and 2015 may have received defective earplugs manufactured by 3M. The defective earplugs that were issued to military members are called Dual-Ended Combat Arms Earplugs. According to a local Fox affiliate, these earplugs may have been issued to thousands of active duty military members in multiple combat zones during this time.

According to an investigation by the U.S. Department of Justice, 3M’s earplugs were too short for proper insertion into the ear. This problem with the length meant that the earplugs were prone to losing their seal with the ear. However, as losing their seal would not necessarily cause the earplugs to fall out, many military members may have been using ineffective equipment without realizing it. The defective qualities of these earplugs may have put military members at risk for hearing impairment, tinnitus, or permanent hearing loss.

In July 2018, the Military Times reported that 3M agreed to pay over $9 million in order to resolve allegations that the company had known about the defective earplugs prior to selling them to the U.S. military. According to the Department of Justice, 3M did not make any disclosures about design defects before finalizing their contract with the military.

What are the Dangers of Defective Earplugs?

Defective earplugs may result in a variety of devastating health problems for victims. Tinnitus, or a constant ringing, hissing, or buzzing sound in the ear can make it difficult for sufferers to concentrate or sleep. Victims who suffer from hearing impairment or loss may find it difficult or frustrating to interact with other people, which can lead to social isolation, anxiety, and depression.

Who is at Risk?

According to the U.S. Department of Veterans Affairs, close to 3 million veterans are currently receiving disability benefits for side effects of improper ear safety equipment, including hearing loss and tinnitus.

Any military members who were on active duty in Iraq or Afghanistan between 2002 and 2015 may have been affected by these defective combat earplugs. If you were issued 3M Dual-Ended Combat Arms Earplugs and suffered from auditory side effects including tinnitus or hearing impairment or loss, you may qualify to file a class action lawsuit and pursue compensation for your injuries. Hiring an experienced attorney may make it more likely for you to win your case and receive compensatory damages.