Tracy Colman  |  December 5, 2022

Category: Legal News

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American soldiers with flag

According to a 2019 article posted by Military Times, 3M earplugs previously sold to the military in vast quantities exposed servicemen and servicewomen to loud sounds of artillery fire and the like because of the earplugs inability to maintain an adequate seal. The allegedly defective Dual-ended Combat Arms 3M Earplugs came without proper instructions for correct use and warning of the potential for failure, as indicated by one lawsuit reported by the publication.

How have the 3M earplugs impacted veterans?

The veterans that used the defective equipment between 2003 and 2015 during the course of their military service are reportedly coming forward in droves claiming loss of hearing or loss of hearing acuity, tinnitus, and trouble with balance. Multiple lawsuits over 3M earplugs have been filed in federal court, specifically the U.S. District Court for the Western District of Texas, Waco Division. One of the attorneys involved in such a lawsuit reportedly indicated that those veterans that have filed legal claims against 3M are small in number compared to those suffering the effects of the defective earplugs.

Although the company has been on a losing streak in these lawsuits, 3M also secured a win after a lawsuit was sent to trial in Florida.

What is tinnitus?

According to the Mayo Clinic, tinnitus is a symptom of another condition rather than a condition in and of itself. It consists of the perception of sound—typically ringing or buzzing in the ears—in the absence of a source of that sound. It typically points to ear injury, a circulatory issue, or age-related hearing loss.

In the case of the allegedly defective military earplugs made by 3M, sufferers would be—on average—younger veterans for whom sensory degeneration from age shouldn’t be an issue. The experience of tinnitus would be a symptom then pointing to injury.

How can a tinnitus sufferer treat the symptoms?

As indicated by WebMD, a tinnitus sufferer may be given a course of treatment by a trained physician and prescribed hearing aids that help with the issue. For the majority of sufferers though, it is something that they must live with and learn to manage. Like many symptoms, some situations, foods, drinks, and sensory stimuli may make it better or worse.

For instance, some veterans with tinnitus might discover that the tinnitus becomes worse when they drink alcohol or caffeinated drinks beyond a certain threshold. Hydration levels might affect the intensity of perceived sound as may intake of salty foods. This resource notes that every person can respond differently and keeping a personal log of foods and drinks and responses could be very helpful.

WebMD also indicates that playing alternate white noise such as a fan, soothing music or just the radio, can help distract someone with hearing loss from the constant buzzing or ringing in their ears. Taking time to alleviate stress through relaxation exercises and possible meditation may also be helpful.

How has 3M responded to the allegations?

The U.S. Government previously alleged that 3M sold this defective equipment to the military and brought legal action under the authority of the federal False Claims Act. The allegations have been resolved by 3M offering a $9.1 million settlement, although there was never a determination of liability. Veterans coming forward with hearing loss are now seeking punitive damages for the corporation’s purported negligence. Trials against 3M have already resulted in large payouts, with one veteran awarded $22.5 million in damages.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual 3M Ear Plug lawsuit or military hearing loss class action lawsuit is best for you. [In general, 3M Ear Plug lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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