Hearing Loss From Earplug Usage

The Minneapolis based 3M business produced the Dual-Ended Combat Arms™ Earplugs that were used by armed services staff between 2003 to 2015 during combat and training exercises in order to defend soldier hearing from gunfire and explosions. Hearing issues are one of the most frequent issues suffered by veterans so ear protection is a serious concern for U.S. soldiers. Based on various situations, the 3M Dual-Ended Combat Arms™ Earplugs were designed to offer two different amounts of defense. The dual-ended plugs have a design that is easily noticeable. As their name implies, they were made of of two outward facing plugs, one green and one yellow.

While the yellow part was inserted inside the ear, this was known as Weapons Fire mode. This level was created to provide normal hearing for peak situational alertness. It would allow staff to communicate, receive commands and hear other important sounds on the battlefield whilst continuing to provide defense from peak level sounds such as gunfire and explosions. This would have been the desired mode in combat situations.

When the green part was inserted into the ear, this was known as Constant Protection mode. Constant Protection was designed to stop all sounds more thoroughly in order to provide full defense. According to 3M, this mode is for high-level steady noise situations like those in tracked vehicles and air support. This level might have also been used in many standard practice exercises and environments as well.
Claimed Hearing Risks
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were created for military use and used broadly by thousands of personnel deployed to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was produced to allow for two separate protection modes, Weapons Fire mode and Constant Protection mode. The appropriate setting is determined by which side of the plug is placed into the ear, yellow for Weapons Fire mode, green for Constant Protection mode. earplug lawsuit was created to allow for hearing speech and communicating while maintaining protection against damaging noise levels from gunfire and explosions. The Constant Protection level blocked all noise more completely which was useful for personnel operating in track vehicles, in air support or while regular training. Each settings were purported to stop noise up to a specific standard but in recent legal action, the government has alleged that neither mode of the ear plug met the Noise Reduction Rating (NRR) that 3M alleged because of a non-reported manufacturing error.

$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. Department of Justice announced that 3M had agreed to pay $9.1 million to resolve claims that they knowingly sold the Combat Arms Earplugs v2 to the U.S. military without admitting defects that declined the effectiveness of the hearing protection device. The lawsuit was initially filed in 2016 under the whistleblower part of the False Claims Act which permits private parties to sue on behalf of the federal government when they think that a defendant has submitted incorrect claims for government funds. In this issue, the whistleblower was granted $1,911,000 for their part in the lawsuit.

According to the Department of Justice press release, the settlement resolved allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the U.S. alleged that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for proper insertion into users’ ears and that the plugs might come loose slightly and then didn’t work well for some people. It’s also claimed that this design defect was known to 3M but wasn’t shared with the Department of Defense.

Harm to Personnel
If the allegations against 3M are correct, thousands of servicemen might have used fault prone earplugs that didn’t protect them as the equipment was intended to. Based on the alleged design flaw, the earplugs could loosen while in the ear unbeknownst to the soldier allowing damaging noise to find their way inside the ear. Harmful sound levels may have serious and permanent effects which include partial or total hearing loss, or tinnitus, a buzzing inside the ears. Hearing damage is one of the most frequent issues suffered by active duty and former service personnel. Tinnitus, which can be debilitating, is just as frequent. According to a research scientist with the VA Portland Healthcare System, last year there were over 1.6 million service personnel needing medical care for chronic tinnitus.

You Might be Entitled for Compensation
If you or a family member were provided Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since had partial or total hearing loss or suffer from tinnitus, your case should be discussed with the Meneo Law Group to explore all options available to you.