3M's Combat Arms Earplugs Lawsuit – What You Need to Know
A 3M Earplug Lawsuit has been settled this year by the Department of Justice for $9.1 million for selling Dual-Ended Combat Arms earplugs to the U.S. Military without disclosing defects that hampered their effectiveness.
The lawsuit alleged that 3M knew that the earplugs could come loose in people’s ears, potentially leading to hearing loss and tinnitus. Here’s what we know about this case and its potential implications for veterans who served between 2003 and 2015.
The Allegations Against 3M
The Department of Justice accused 3M of knowingly selling defective earplugs to the United States military from 2003-2015 without disclosing the design flaw or warning service members about it.
The dual-ended Combat Arms Earplugs, Version 2 (CAEv2), had an unadvertised design defect which caused them to loosen imperceptibly in users’ ears over time, thus reducing their effectiveness at blocking loud noises like gunfire and explosions. According to estimates from the DOJ, nearly 1.6 million pairs of these earplugs were sold by 3M during these 12 years.
A Failed 3M’s Defense Strategy
After numerous unsuccessful attempts to defend itself in federal civil litigation, 3M Company suffered a major setback last month. In an unprecedented move to prevent further resistance from the company, U.S District Judge issued sanctions against it that prohibited arguments like excusing its liability based on the manufacturing of earplugs by the Aearo subsidiary and described their efforts as “brazen abuse” of the legal process after four years had gone by without raising these points earlier.
With the U.S. Court of Appeals for the Eleventh Circuit’s interlocutory appeal to 3M Company underway, Judge Rodgers remains hopeful a resolution can be achieved through negotiations between all parties involved in this lengthy process.
No further global mediation efforts will take place. However, Special Master Randi Ellis is continuing informal meetings with both sides individually to potentially reach individual settlements as they continue down their respective appeals and bankruptcy paths over the years come.
A just result that mutually benefits everyone stands at hand – should it unfold within MDL or on bankruptcy soil depends solely upon negotiation progress made by each side moving forward.
Consequences for Veterans
As a result of using these defective earplugs, many veterans have suffered hearing loss and tinnitus due to exposure to loud sounds during training exercises or combat missions while wearing CAEv2 earplugs.
Some veterans may be eligible for compensation through legal action against 3M if they meet certain criteria established by the National Institute on Deafness and Other Communication Disorders (NIDCD).
For example, individuals must have been issued these items between 2003 and 2015; must have been exposed to loud noises while wearing them; must suffer from some degree of hearing loss or ringing in their ears; and must not currently be receiving any other form of compensation related to their hearing issues.
Veterans who meet these criteria may be entitled to financial compensation from 3M in a separate lawsuit stemming from their use of CAEv2 earplugs during military service.
3 M’s sale of allegedly defective dual-ended Combat Arms Earplugs Version 2 (CAEv2) has sparked a nationwide controversy due to its potentially devastating consequences for thousands of veteran service members who wore them between 2003-2015 without realizing they could be at risk of hearing loss or tinnitus due to a hidden design defect.
If you are one such veteran who was issued CAEv2 earplugs during your military service and now suffer from hearing damage; as a result, you may be entitled to financial compensation through an individual lawsuit against 3M, depending on certain eligibility criteria set by NIDCD. You must contact an attorney as soon as possible so your rights can be protected throughout this process.
Don’t wait – call us at (954) 489-0502, email us at mks@mkspc.com, or chat with us online now at Melvin K. Silverman and Associates to learn about your legal rights and the rightful compensation you deserve. Let’s get started on protecting what is yours!