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3M Combat Earplugs
The Dual-Ended Combat Arms™ Earplugs, Version 2 (CAEv2) were designed for military use and used extensively by American servicemen and women. Many may have been exposed to damaging sound levels during both training exercises and active deployment after receiving defective earplugs. Deployments during which service members were possibly affected include:
● Iraq
● Afghanistan
● Northwest Pakistan
● Somalia
● Operation Ocean Shield (Indian Ocean)
● Multiple American-led Interventions in Libya, Iraq, Syria, and Yemen, between 2011-2017, and to present-day The 3M Dual Combat Earplugs Mass Tort is based on the company’s failure to warn users about the defective design of 3M Combat Arm Earplugs and the resulting risk to developing both short and long-term permanent hearing loss after use.
How Do the Plugs Cause Harm?
Although 3M claimed that service members would benefit from the dual-ended combat earplugs, having two different types built into a single unit, there was a major design flaw.
● A green closed end was intended to protect ears from the noise of loud combat sounds, such as heavy machinery, watercraft, aircraft, and armored vehicles.
● The yellow open end was supposed to provide protection against loud impulse noises, such as weapon fire, while still allowing service members to hear low-level sounds. Low-level sounds, for example, would be commands or approaching vehicles.
● Breast cancer
● Bladder cancer
● Ovarian cancer
● Prostate cancer
● Cervical cancer
● Lung cancer
● Leukemia
● Non-Hodgkin’s lymphoma
● Liver disease
● Miscarriages
● Birth defects
However, the stem was too short, preventing service members from being able to insert either side into their ear canal correctly. The end of the plug not in use physically blocked the other end from reaching far enough into the ear. Therefore, the ears of many American soldiers between 2003 and 2015 were not fully protected. This exposed them to greater amounts of combat noise, which can result in hearing loss and tinnitus.
Who Can File a Lawsuit?
Any veteran who served in the U.S. military between 2003 and 2015 can file a lawsuit, if they used 3M Dual-Ended Combat Arms Earplugs, and:
● Have a diagnosis from their doctor of tinnitus at or around the time they were discharged from the military; or
● Have suffered hearing loss that resulted in an impairment rating from the U.S. Department of Veterans Affairs.
Additionally, any civilians issued the earplugs may be eligible to pursue a lawsuit if they have suffered hearing damage.
3M Lawsuits
Lawsuits are alleging that 3M knew their product was defective when they were sold, and that they hid that fact. Additionally, claims are stating that 3M failed to provide proper instructions, by only suggesting that wearers can obtain a better fit by rolling back the first flange on the unused side, instead of requiring it for effectiveness.
The 3M lawsuits have been consolidated into an MDL (multidistrict litigation), in which similar cases are still decided individually but it speeds up the process. A federal judge in Florida is overseeing the pretrial proceedings and discovery, before transferring each case back to its transferor court, unless a settlement or dismissal takes place.
Types of Available Damages
Each case is different, but veteran victims may be able to recover some or all of the following types of compensation:
● Doctors’ and surgeons’ fees
● Prescription medications
● Hearing aid costs
● Future medical care
● Lost wages
● Lost benefits
● Diminished future wages
● Pain and suffering
● Mental anguish
● Diminished enjoyment of life
● Loss of consortium
Service members are encouraged to discuss their options with an attorney. Obtaining compensation to afford the appropriate medical care may allow for treatment to reverse some of the damage done to their ears.
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