Tuesday, September 22, 2020 - The number of cases that have been filed against 3M claiming negligence and defrauding the US government has mushroomed into what the company's hometown newspaper, the Star Tribune calls one of the largest consumer mass torts ever. According to the Tribune "3M (is,) mired in one of largest consumer mass torts ever over military earplugs. More than 200,000 people say that Combat Arms earplugs were knowingly defective, imperceptibly loosening and leaking in noise." The explosive growth in the number of lawsuits parallels the record-breaking number of soldiers that suffered hearing damage during the Iraq and Afghanistan wars. Hearing loss is the leading cause of soldiers claiming PTSD and seeking disability income benefits costing US taxpayers billions of dollars every year. Army earplug attorneys are offering a free consultation to American families and individuals nationwide with no obligation to file a lawsuit claim.
Soldiers with hearing damage and tinnitus claim that they trusted the standard-issue 3M Dual-sided Combat Army Earplug to protect their hearing from gunfire and explosions while simultaneously allowing the wearer to hear low decibel verbal combat communications. Lawsuits against 3M claim the company knew or had the responsibility to know about the hearing device's alleged defects, but failed to inform the military. Instead, the billion-dollar earplug contract was buried among other contracts that 3M had with the Army and other branches of the military. 3M purchased Aearo Inc., the hearing protection device manufacturer in 2008 intending to leverage their government contract contacts to include hearing protection.
Soldiers suing 3M claim that the earplugs were too short for some ear canals however 3M claims that the Army Earplug worked exactly as advertised. The defense claims that all a soldier had to do was to fold back the yellow phalanges to lengthen the earplugs to fit snugly enough to block explosive noises. At best, the earplugs were highly impractical as the enemy's tactic of using roadside improvised explosive devices (IED)s relied on the element of surprise and left no time at all to react in any way let alone to stop, remove one's helmet, and other headgear and pull out the earplugs to re-insert the other end or lengthen them.
3M is being accused of knowing or having the responsibility to know that the earplugs were defective based on a former Aearo Inc. engineer that turned company whistleblower contacting the Department of Justice (DOJ) and filing a joint lawsuit against 3M which had subsequently acquired the company. 3M settled for $9 million and thought they had put the matter to rest without admitting guilt. Lawsuits started to pile up as soldiers returned home from war with hearing loss and tinnitus in record numbers forcing military commanders to question the hearing damage issue. The whistleblower disclosed what Aearo Inc. knew about the ineffectiveness of the device based on a redesign requested in 1999 by the Army. "At the litigation's heart is the U.S. Army's request in 1999 to Aearo - before 3M owned it - to shorten the plugs so they would fit in a standard-issue military carrying case. The company did so, but plaintiffs claim Aearo's fix caused bigger problems," according to the Tribune.
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