Federal Judge Rules 3M Is Responsible For The Army Earplug Design

The company had attempted to use a clause that exempts military contractors from product liability lawsuits

Tuesday, July 28, 2020 - Thousands of military veterans that have experienced hearing loss and tinnitus while serving in the military from 2002 through 2016, have hired Army Earplug Attorneys and filed claims for lump-sum compensation from the 3M Inc., the hearing protection device's manufacturer. Soldiers allege that the standard-issue, one-size-fits-all personal safety device failed to prevent loud, concussive noises from entering the ear canal and damaging a soldier's eardrum. Audiologists serving the military and testing soldiers on the battlefield for hearing damage have said that the damage to one's eardrum was like taking a sledgehammer and hitting a snare drug, ripping, tearing, or smashing a hole in the head of the drum. Some say the damage was so severe that surgery to repair the eardrum would be impossible. Some soldiers have suffered permanent tinnitus, the maddening, constant ringing in the ears that require a noise-producing hearing aid to compete with and attempt to drown out the ringing. Most soldiers in the lawsuit allege that hearing damage caused by the 3M earplug has prevented them from assimilating back into society, from being able to get a job, and also from having the normal family relationships that they once enjoyed. Soldiers suing 3M have received some good news that should help them to get the compensation they deserve.

Attorneys for plaintiffs suing 3M Inc. for producing defective earplugs that allegedly damaged soldier's hearing during combat in the Gulf War, in Afghanistan, on firearms training facilities, and other military activities, told the Star Tribune that they were pleased that a federal judge ruled 3M failed in their attempt to blame the US military for their injuries. "(We are) pleased the court rejected 3M's attempt to blame our nation's military for its defective earplugs that have permanently damaged the hearing of hundreds of thousands of service members. 3M's own internal e-mails and testimony show how the company was aware its earplugs were defective" and "failed to inform the military." Attorneys for 3M have claimed that their Aearo Inc., the subsidiary that manufactured the earplug worked closely with military advisors and designed the earplugs to the Army's exact specifications.

According to ST, U.S. District Court Judge M. Casey Rodgers strongly disagreed with 3M's liability shield claim and told ST that there were no specific communications between the company and the Army. "The [earplug's] design already existed - it came into existence without any input from the Army. The Army never issued a request for a design proposal for the new earplug. There was no competitive bidding process during which the Army established design details for a new earplug from interested contractors." Reuters reiterated the remarks, telling readers, "Casey ruled that no reasonable jury could conclude that the Army made the company do anything or dictated precise specifications for the earplug's design."

3M had attempted to invoke a business liability clause called the "government contractor defense" to shield themselves from responsibility for manufacturing the allegedly faulty earplug and then selling them to the military for an 800% profit. Records unsealed during the recent discovery for lawsuits filed in multi-district litigation reveal that the earplugs that cost only $.85 per pair to make were sold to the Army for $7.63, invoking memories of a time when taxpayers were ripped off by unscrupulous government contractors for $500 hammers and $1000 toilet seats.

More Recent 3M Earplug Lawsuit News:

• 3M May Settle Army Earplug Cases For Tens of Billions of Dollars | 4/6/2021
• 3M Combat Army Earplug Trial To Begin In Two Weeks | 3/17/2021
• Whistleblower Lawsuit Alerted The Military To Army Earplug Malfunction | 2/20/2021
• 3 Cases Selected For Army Hearing Loss Trial | 1/29/2021
• Military Veterans Tell the Stories of Their Hearing Loss Nightmare | 1/8/2021
• Military Veteran Hearing Loss Trials to Start in Spring 2021 | 12/26/2020
• Hundreds of Veterans Continue To Sign Up To Sue 3M For Defective Earplugs | 12/14/2020
• 3M's Greed Contributed To Thousands of Military Deaths and Injuries | 12/6/2020
• Taxpayers Foot The Bill For Army Earplugs That Turned Out To Be Defective | 11/21/2020
• Tinnitus Sufferers May Have Difficulties For The Remainder of Their Lives | 11/14/2020
• Aearo Inc. and 3M Took Shorcuts And Did Not Properly Redesign The Combat Army Earplugs | 11/3/2020
• US Military Alleges 3M Fraudulently Represented The Army Earplug | 10/27/2020
• Large Numbers of Soldiers Are Filing 3M Army Earplug Lawsuits Against 3M Inc. | 10/15/2020
• Soldiers Thought Their Hearing Protection Was Adequate | 9/28/2020
• Army Veterans Are Preparing For Court Over Hearing Loss | 9/24/2020
• Details Are Starting to Emerge About The 3M Army Earplug | 9/22/2020
• 3M Faces an Uphill Challenge in Defense of The Army Earplug | 9/18/2020
• 3M Faces an Uphill Challenge in Defense of The Army Earplug | 9/9/2020
• 200,000 Military Veterans Suing 3M For Defective Hearing Protection | 8/31/2020
• Thousands of Military Veterans Suing Over Hearing Loss | 8/26/2020
• Army Testing Points To The Need For Improving Hearing Protection Equipment | 7/14/2020
• Trials By Plaintiffs Alleging Hearing Damage From 3M Army Earplugs To Begin in the Spring of 2021 | 7/10/2020
• Army Veterans With Tinnitus Are Unable To Live Normal Lives | 6/29/2020
• Soldier's Lawsuits Bring Needed Attention To Developing Hearing Protection | 6/12/2020
• US Army Will Use 3D Printing To Create Individual Custom Fitting Ear Protection Devices | 6/3/2020
• Unsealed Court Documents Show 3M Made Nearly 1000% Profit Selling Combat Earplugs | 5/26/2020
• The US Army Is Training Soldiers to Protect Their Hearing | 5/7/2020
• Billions of Dollars Will Be Needed To Reimburse Taxpayers For Veterans Hearing Loss Disability Payments | 5/1/2020
• The US Military Prioritized Soldier's Hearing Protection Needs In Iraq and Afghanistan | 4/17/2020
• 3M Thinks Army Earplug Lawsuits Against Them May Be Thrown Out of Court Before They Begin | 4/6/2020
• Hearing Protection May Have Been Overlooked By Some During Combat Operations | 3/30/2020
• There Is Still Time To File An Army Earplug Hearing Loss Claim | 3/18/2020
• Naval Flight Deck Workers Also Experienced Hearing Damage Due To Defective 3M Earplugs | 3/11/2020
• Army Veterans With Hearing Damage Are Filing Lawsuits Against The Maker of Their Defective Earplugs | 3/5/2020
• Army Earplug Trials Against 3M Could Start Early Next Year | 2/18/2020
• Improvised Explosive Devices Caused More Serious Army Injuries Than Any Other Enemy Weapon | 2/6/2020
• Aereo Inc, maker of 3M Earplugs May Have Known The Combat Safety Device Would Not Work | 2/3/2020
• 3M Corporation Could Be Forced to Pay Veterans For Their Hearing Damage | 1/24/2020
• There Are Resources Available To Help Military Veterans Cope With Their Hearing Loss | 1/7/2020
• The False Claims Act Settlement Against 3M Proides Ammunition to Lawsuits Filed By Soldiers With Hearing Damage | 12/31/2019
• Faulty Combat Earplug Cost Taxpayers Billions | 12/24/2019
• Hearing Damage May Effect More Than 60 percent of Military | 12/20/2019
• Military Veterans Returning Home Tell Stories of Hearing Loss In Spite of Wearing Hearing Protection | 12/9/2019
• Hearing Loss Effects Servicemen From All Branches of The Military | 11/20/2019
• Lawsuits Pile Up Alleging 3M Earplug Negligence | 11/14/2019
• Service Members Claim 3M's Defective Combat Army Earplug Caused Permanent Hearing Damage | 11/11/2019
• Soldiers Can Fight For Compensation In Court For Their Hearing Loss | 10/31/2019
• Whistleblowers Can Save Taxpayers Money and Military Servicemember Lives | 10/15/2019
• New Army Earplug Lawsuit Accuses 3M of Fraud | 10/11/2019
• Military Veterans Are Suing 3M For Making Faulty Earplugs | 10/7/2019
• Military Personel Suffering From Tinnitus Have Found Ways To Alleviate Their Suffering | 9/26/2019
• Hearing Loss is Now Recognized For The Debilitating Service Injury It Is | 9/17/2019
• US Service Members Are Spreading The Word About The Faulty And Defective 3M Combat Army Earplug | 9/12/2019
• 3M Vows to Fight Lawsuits Alleging The Faulty Design of the 3M Combat Army Earplug | 8/28/2019
• Faulty 3M Earplugs Cost Thousands of Soldiers Their Hearing | 8/23/2019
• The Army's Hearing May Be Improving Soon | 8/13/2019
• CBS Interviewed Returning Servicemen As To The 3M Combat Army Earplug Experiences | 8/8/2019
• The Army's Tactical Communication and Protective System (TCPS) May Replace The Ineffective 3M Combat Army Earplug | 8/6/2019
• Soldiers Should Be Checked For Hearing Loss | 8/1/2019
• The 3M Combat Army Earplug Malfunctioned Causing Permanent Disability | 7/25/2019
• 3M Army Earplug Failure Can Cause Post Traumatic Stress Disorder | 7/18/2019
• Military Veterans May Be Unaware That They Have Hearing Loss | 7/11/2019
• Today’s Enclosed Gun Battles Can Increase Hearing Injuries | 7/8/2019
• 3M Army Earplug Lawsuits Are Moving Forward To Discovery in Multi-District Litigation | 6/27/2019
• Service Members Continue To File Army Earplug Lawsuits | 6/24/2019
• 3M Failed Soldiers By Selling Earplugs They Knew Were Defective To The Military | 6/20/2019
• Service Members Have Needlessly Lost Hearing Due to 3M's Fraud, Deceit, and Deception | 6/11/2019
• Hearing Loss Should Be Taken More Seriously | 6/4/2019
• Hearing Loss Has Many Serious Permanent Psychological Implications for Service Members | 5/28/2019
• Soldiers With Hearing Damage Are Blaming Their Earplugs | 5/22/2019
• Service Members Experience Hearing Loss From Defective Earplugs | 5/14/2019
• Army Servicemen Are Filing Hearing Loss Claims Against Earplug Maker 3M | 5/9/2019
• Hearing Loss From Defective Army Earplugs On The Frontlines and The Practice Range | 5/1/2019
• Hearing Loss Can Be A Deadly Battlefield Injury | 4/26/2019
• Servicemen Describe Hearing Loss Caused By The 3M Army Earplug | 4/22/2019
• The False Claims Act website helps whistleblower anonymously come forward easily and without fear of reprisals by their superiors | 4/15/2019
• Hundreds Of Army Earplug Lawsuits Consolidated in Federal Court | 4/9/2019
• Soldiers Are Filing Claims Against 3M Army Earplugs | 4/8/2019
• Army Veterans Have Suffered Hearing Loss From Defective Earplugs | 4/5/2019
• Whistleblower Reports Defective 3M Army Earplugs | 4/2/2019
• Service Member Suffer Tinnitus From Defective 3M Army Earplugs | 3/29/2019

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