Service Members Experience Hearing Loss From Defective Earplugs

Army Earplug Lawsuit News

Defective earplugs sold to the military by 3M put our soldier's lives at risk

Tuesday, May 14, 2019 - According to the Veteran's Administration (VA), hearing loss is the number one form of disability for service members that have returned home in recent years from fighting in Afghanistan and Iraq. Hundreds of lawsuits on behalf of soldiers with hearing damage such as a constant and maddening ringing in the ears called "tinnitus," allege that 3M, the maker of the army earplug sold the defective hearing protection device despite being aware of its shortcomings. Service Members were told that they had the best equipment that money could buy and were trained to trust the equipment they were issued. Service members never thought to question whether or not the earplugs would work.

The 3M dual-sided army earplug in question was designed to filter out the loud or continuous blasts from gunfire and heavy equipment while allowing for communications between soldiers that is essential in urban fighting environments. According to KSTP Minnesota, the Department of Justice said that the earplugs in question have been used by service members for more than a decade and were "dangerously defective." The DOJ issued a statement reading "The Department of Justice announced today that 3M Company (3M), headquartered in St. Paul, Minnesota, has agreed to pay $9.1 million to resolve allegations that it knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the United States military without disclosing defects that hampered the effectiveness of the hearing protection device." The False Claims Act was enacted when a company employee-turned-whistleblower exposed fraudulent earplugs and 3M's corporate knowledge of the problem. National Army earplug lawsuit attorneys are helping Veteran's families and individuals by offering a free no obligation consultation before filing a claim.

Because of the earplug's faulty design as a "one size fits all" gaps were left between the device and the ear canal that allowed noise to enter. Another glaring design defect was that it is nearly impossible to switch the earplug's position without putting down one's firearms and removing one's protective helmet and using two hands switch the earplug, not exactly a practical expectation for a soldier in the heat of combat. After paying the $9 million to reimburse taxpayers under the False Claims Act. 3M continued to sell the faulty earplug to the government buried deep within billions of dollars of other government contracts that the company supplies. The DOJ's accusations against 3M were settled with the $9million payment. "3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for proper insertion into users' ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military."

The life-altering effects of hearing loss are not limited to the battlefield, and not only service members returning from combat overseas that are complaining of hearing loss. Experienced soldiers are exposed to the ear-splitting sounds of gunfire every three months when they are forced to re-qualify for firearms certification. Soldiers are being disabled because of the hearing loss that occurred on the gunfire practice range during years of training.

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Lawsuits for Defective 3M Earplugs

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