Problem Summary
Combat Arms Earplugs sold to the U.S. military by 3M Company have been found to feature a design defect that prevented the earplugs from working properly for some users, thereby increasing the risk of hearing loss, tinnitus and other hearing problems when the earplugs were used in combat or during training. Additionally, 3M is accused of knowingly selling the defective earplugs to the military without disclosing the problems with the earplugs’ effectiveness.
If you are a veteran or active duty military servicemember who was issued military combat earplugs between 2003 and 2015, and you suffered hearing loss or tinnitus despite wearing the earplugs, you may have grounds to file a defective combat earplugs lawsuit against 3M Company.
About 3M Combat Earplugs
3M Company’s Combat Arms Earplugs, Version 2 (CAEv2) are dual-ended earplugs intended to be versatile enough to provide hearing protection while also allowing service members to communicate when necessary.
One side of the earplugs was designed to block all sound, including voices, just like traditional earplugs, while the other side was designed to block high-level combat noises that could damage users’ hearing, while still allowing low-level sounds like conversation and commands through. The now-discontinued earplugs were standard issue equipment for combat veterans who served in Iraq and Afghanistan between 2003 and 2015, as well as for reserve members who routinely fired weapons for training in the United States, and for Navy and Air Force personnel.
It has since been discovered that 3M’s selective attenuation earplugs were actually too short to be properly inserted into the ear canal, a design defect that prevented the earplugs from maintaining a tight fit. As a result, the earplugs could loosen imperceptibly in the ear, putting users at risk for hearing loss, tinnitus and other hearing problems from weapons fire, explosions and aircraft noise.
The defective earplugs were originally developed and manufactured by Aearo Technologies, Inc., beginning in the 1990s, and according to reports, the company became aware of the earplugs’ faulty design as early as 2000, when the earplugs tested with a noise reduction rating of zero, meaning they provided no noise reduction benefits for users.
Aearo Technologies has been accused of covering up the design flaw affecting its combat earplugs and falsifying test results to make it appear as though the earplugs complied with government safety standards. And in 2003, when the company won an exclusive contract with the U.S. government to supply the military with the combat earplugs, the company allegedly failed to disclose the problem to the military when the contract was finalized. When 3M acquired Aearo in 2008, it took over the government contract and continued supplying the military with the earplugs the Department of Justice claims the company knew or should have known were defective.
“The defective earplugs were originally developed and manufactured by Aearo Technologies, Inc., beginning in the 1990s, and according to reports, the company became aware of the earplugs’ faulty design as early as 2000, when the earplugs tested with a noise reduction rating of zero, meaning they provided no noise reduction benefits for users.”
Combat EarplugSide Effects
According to the U.S. Department of Veterans Affairs, hearing loss and tinnitus are two of the most common service-related disabilities affecting U.S. military service members and veterans, and more than 2.7 million veterans currently receive disability benefits for these conditions.
Although hearing loss and tinnitus can be caused by any number of factors, military veterans and service members may suffer from noise-induced deafness and other hearing-related problems caused by exposure to high-level noises during combat and training. Military earplugs like 3M’s CAEv2 are designed to protect service members from potentially harmful noises from gunfire, aircraft, roadside bombs, tanks and heavy equipment, and when they fail to provide proper noise cancellation, the results can be devastating.
Tinnitus is another service-related hearing problem, characterized by the perception of noise or ringing in the ears when no external sound is present. Technically, tinnitus is not a condition itself. Rather, it is a symptom of an underlying medical condition, such as an ear injury, problems with the auditory nerves or hearing loss. For individuals who suffer from tinnitus, the sensation of a ringing, clicking, humming or buzzing sound in the ears is far more than just a nuisance. It can interfere with sleep and concentration and can make it difficult for them to interact socially and maintain meaningful relationships. For some people, suffering from tinnitus can lead to social isolation, depression and other debilitating, long-term health problems.
Combat Earplug Resources & Studies
- 3M Company Agrees to $9.1 Million Settlement Over Defective Military Earplug Allegations
- 3M Defective Earplug Lawsuits and Compensation
- 2015 Study Linking Tinnitus to Anxiety and Depression in Veterans
- Impact of Noise on Hearing in the Military
- Prevalence of Hearing Loss and Tinnitus in Iraq and Afghanistan Veterans
- 2016 Study Indicating that Older People with Hearing Problems Live Limited Lives
- Research Linking Hearing Loss to a Reduced Quality of Life
- CDC Report Concluding that Military Veterans Have a 30% Greater Risk of Suffering Hearing Loss
Combat Earplug Settlements & Litigation
Between 2003 and 2015, thousands of U.S. military service members received defective earplugs from 3M Company that put them at risk for hearing loss, tinnitus and other hearing-related problems, and despite allegedly knowing about the design defect as early as 2000, Aearo Technologies and 3M deliberately withheld this information from the government.
In July 2018, the U.S. Department of Justice announced that it had reached a $9.1 million settlement with 3M in a whistleblower lawsuit filed on behalf of the U.S. government, resolving allegations that the defense contractor knew about the defective design of the earplugs and sold them to the military anyway. The whistleblower settlement effectively reimburses the government for the public funds paid to 3M and Aearo for the combat earplugs, but military service members and veterans who allegedly suffered hearing loss or tinnitus as a result of using the defective earplugs may also be entitled to compensation.
Affected service members can now file individual lawsuits against 3M and Aearo for their medical bills, lost wages, pain and suffering, loss of enjoyment of life, loss of future earning capacity, and other related damages.
