3M Earplug Litigation: Do I Have a Case?
In the United States, we have great pride in our military and the service members who protect our country. Naturally, we expect that the safety equipment the Department of Defense provides to service members will protect them while they perform dangerous work. For a soldier in the field, ear protection can be as important as a helmet or flak jacket, protecting them from hearing loss from gunfire and explosions. But it turns out that 3M sold the federal government defective earplugs used by deployed service members from 2003 to 2015.In July of 2018, the U.S. Department of Justice announced a settlement with 3M to settle a False Claims Act suit initiated by a whistleblower. The lawsuit alleged that 3M knew its earplugs were defective but sold them to the Department of Defense anyway, failing to disclose defects in the earplugs that limited their effectiveness. As a result, the earplugs did not protect service members from hearing damage. Despite settling with the federal government for $9.1 million, 3M has not compensated service members harmed by their defective products.
How Are 3M Earplugs Defective?
Aero Technologies, Inc., later acquired by 3M, designed the Dual-Ended Combat Arms™ Earplugs with dual protection. With the yellow end inserted, wearers could still hear low-level sounds, but the olive-green end was supposed to offer the protection of traditional earplugs. Unfortunately, the manufacturer shortened the earplugs to fit into a carrying case, rendering them too short for the average ear canal. The shorter earplugs could dislodge from the ear canal unbeknownst to the wearer. As a result, the 3M earplugs did not sufficiently protect service members. Many veterans who used the 3M earplugs suffer from permanent hearing loss or tinnitus.
What Can I Claim?
You may have been harmed by 3M’s defective earplugs if:
- You deployed with the U.S. military at some point between 2003 and 2015
- ;
- You wore 3M Dual-Ended Combat Arms™ Earplugs; and
- Your physician diagnosed you with significant hearing loss or tinnitus.
You may be entitled to compensation for health care costs, hearing aids, treatment or corrective measures for hearing loss or tinnitus, loss of earning potential, and veterans’ disability benefits for a service-related disability.If you think that 3M’s defective earplugs have harmed you or a loved one, call the Madeksho Law Firm at 888-910-6376 for a free consultation, or use our online contact form. There is no charge unless we obtain compensation on your behalf.
