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3M Combat Arms Earplugs and Military Hearing Loss

3M was accused of misleading the military about the effectiveness of its Combat Arms Earplugs. Internal tests showed problems, but 3M didn’t alert the Department of Defense. As a result, thousands of service members experienced hearing loss and filed lawsuits against the company.

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Key Takeaways
  • Defective 3M Combat Arms Earplugs were sold to the military to distribute to service members.
  • Internal testing revealed that 3M was aware of the problems but failed to warn users.
  • 3M was sued in the largest mass tort in history and settled a whistleblower claim for millions of dollars.

3M is a Fortune 500 company that manufactures and sells a variety of products to individuals, corporations and the government. One of those products was the dual-ended Combat Arms Earplugs, which were used by the U.S. military. 

Unfortunately, these earplugs had undisclosed defects that made them less effective than intended. This resulted in hundreds of thousands of military personnel experiencing hearing damage.

Many of these individuals have taken legal action to seek compensation for their injuries and losses.

What Were 3M Combat Arms Earplugs and Why Were They Used?

3M Combat Arms Earplugs, also called the CAEv2, were dual-ended, triple-flanged earplugs. They were designed to provide two different options to protect users’ hearing, including:

  • A traditional earplug in a linear shape on one end was intended to protect against continuous noise.
  • A non-linear filter on the other end that was supposed to protect against sudden loud noises, like a weapon firing, while allowing normal speech and other lower-level sounds to be heard.

Aearo Technologies, LLC, which 3M acquired for $1.2 billion in late 2007, designed the earplugs. The U.S. military purchased the earplugs from July 1999 until they were discontinued in 2015. 

These earplugs were used because the Army had been interested in non-linear hearing protection as far back as the mid-1990s. The purchase of the earplugs was part of a comprehensive Hearing Conservation Program from the Department of Defense (DoD).

How Did 3M Earplugs Fail To Protect Troops?

The Combat Arms Earplugs had design flaws that impeded their ability to protect the user’s hearing. Evidence suggests that the manufacturer was aware of these problems. 

On July 10, 2000, Ronald Kieper, a lab technician in Aearo’s EARCAL lab, and Dr. Elliott Berger, a former 3M employee and acoustical engineer, wrote an internal report. Identified as the Flange Report, it documented that:

  • The ends of the earplugs that protected against continuous noise were too short to be inserted properly, particularly in people with medium or large ear canals.
  • A change to the fitting technique impacted the results of the hearing protection.
  • The earplugs often could not be inserted correctly due to the geometry of people’s ear canal openings, which impeded deep insertion of the devices.
  • When the side of the device that protects against continuous noise was inserted, sometimes the flanges on the opposite end returned to their original shape. This loosened the plug without the wearer knowing.
  • Acceptable test results on hearing protection could be achieved using an alternative method of insertion. However, that was not the way the earplugs were designed to be used.

The Flange Report was not shared with the U.S. Army. It was also not made available outside of Aearo until 2014, when it was revealed in a lawsuit against 3M brought by their competitor, Moldex-Metric, Inc.

After the Flange Report came to light in this lawsuit, 3M discontinued the CAEv2.

Who Was at Risk of Hearing Damage?

The defective 3M Combat Arms Earplugs were issued to troops during the height of the Iraq and Afghanistan wars. Those who served in combat zones, training environments or vehicle and aircraft maintenance were potentially at risk of hearing damage due to inadequate protection. 

This included individuals exposed to a variety of loud noises, like:

  • Artillery fire
  • Bombs
  • Explosions
  • Gunfire
  • Helicopters and jet noise
  • Mortars
  • Rockets

Service members in all branches of the military, including the Air Force, Army, Marines and Navy, were at risk of hearing loss if they used 3M earplugs and were exposed to loud noises, as were civilian government contractors.

Hearing Injuries Linked to 3M Earplugs

Plaintiffs in the 3M litigation experienced a range of complications because of the defective earplugs. Some of the consequences of inadequate protection from loud noises include:

Auditory Processing Issues
These issues occur when something damages the portion of your brain that processes sound. You may have trouble telling where sounds are coming from, staying focused or following directions.
Difficulty With Communication and Emotional Health
Hearing issues can cause communication challenges and adversely impact your mental well-being.
Hearing Loss
Noise-induced hearing loss involves the loss of hearing function as a result of damage to sensitive structures in your inner ear. This condition can affect one or both ears and may be temporary or permanent.
Tinnitus
Tinnitus causes you to hear ringing or other sounds in one or both ears that aren’t heard by others. Symptoms include hearing buzzing, clicking, hissing, humming or roaring.

These conditions may require long-term treatment, including permanent use of hearing aids. In some cases, the conditions are not curable.

What Did the Government and Courts Say About the Earplugs?

The government and courts had strong responses about the earplugs, holding 3M accountable and making it clear that protecting the safety of military personnel was a top priority.

In 2016, a whistleblower lawsuit was filed by Moldex-Metric, Inc., alleging that 3M knowingly sold defective earplugs to the U.S. military without revealing defects discovered in internal testing. 

The case was settled in 2018, with 3M agreeing to pay $9.1 million to resolve the allegations. 3M did not admit liability, and the whistleblower received roughly $1.9 million for bringing the case to the attention of the government. 

In a statement regarding the settlement, the Department of Justice stated that the settlement centered on “allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency.” 

“Today’s settlement will ensure that those who do business with the government know that their actions will not go unnoticed,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “Properly made safety equipment, for use by our Soldiers, is vital to our military’s readiness. Our agents will respond robustly to protect the safety of our military.”

3M was also subject to legal action by individuals who experienced hearing loss. Many cases were combined before one judge in a mass tort, which is when numerous individuals who were harmed by a corporation sue for compensation and hold the company liable for wrongdoing.

The lawsuit ultimately became the largest mass tort in history, with approximately 260,000 affected victims. 3M paid $6 billion to settle the claims.

What To Do if You Have Hearing Damage From 3M Earplugs

If you experienced hearing loss after using 3M earplugs while in the military or serving as a government contractor, you should:

  • Consult an audiologist or an ENT specialist to receive a proper diagnosis.
  • Request access to your military service and health records to demonstrate where you served, if it was an eligible location and whether you have documented hearing loss.
  • Identify your deployment dates to show that you served during the times when 3M's defective earplugs were issued to service members and contractors.
  • Contact a VA representative if you need hearing aid coverage. You may be entitled to have the VA pay for your hearing aid if you have service-connected hearing loss.
  • Check your unit history or supply chain records if you aren't sure if you were exposed.

Legal action was taken against 3M due to the defective CAEv2 products. Combat Arms Earplug lawsuits allege 3M’s failure to warn or fix the defects caused harm to users.

 

Claims include:
Fraud
Lawsuits allege that 3M acted fraudulently by not disclosing details about problems with the earplugs.
Negligence
Plaintiffs claim that 3M was negligent in its design of the earplugs and its failure to provide adequate warning about the risks of hearing loss while wearing them.
Product Liability
Litigation aims to hold 3M accountable for losses that occurred when people were injured because of the earplugs.

Active duty service members and veterans pursuing military earplug lawsuits against 3M are seeking compensation for:

Medical Costs
To cover past and future medical expenses associated with diagnostics and treatment
Hearing Devices
For devices to improve or restore hearing
Disability-Related Income Los
To compensate for the loss of ability to perform work tasks or lost wages
Emotional Trauma
For distress, like pain and suffering

If you believe you may have a claim for damages, consider talking with an attorney about filing a military earplug lawsuit.

Please seek the advice of a medical professional before making health care decisions.