Difference between revisions of "Hearing Loss From Earplug Usage"
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− | The Minneapolis headquartered 3M company | + | The Minneapolis headquartered 3M company manufactured the Dual-Ended Combat Arms™ Earplugs that were employed by armed services staff from the years 2003 to 2015 during fighting and training exercises in order to protect soldier hearing from gunfire and explosions. Hearing problems are the most frequent issues suffered by veterans so ear protection is a serious concern for U.S. soldiers. Based on various scenarios, the 3M Dual-Ended Combat Arms™ Earplugs were created to offer two different levels of defense. The dual-ended earplugs have a design that is easily recognizable. As their name implies, they were made of of two outward facing plugs, one green and one yellow.<br /><br />While the yellow part was put inside the ear, this was known as Weapons Fire mode. This level was created to offer normal hearing for peak situational alertness. It could allow staff to communicate, accept commands and hear other important noises on the battlefield whilst still providing protection from top level noises such as gunfire and explosions. This could have been the desired scenario in combat situations.<br /><br />When the green part was inserted into the ear, this was referred to as Closed Protection mode. Constant Protection was created to block all sounds more completely in order to offer full protection. According to 3M, the mode is for high level sustained sound situations such as those in tracked vehicles and air support. This level could have additionally been used in many standard practice exercises and environments as well.<br />Claimed Hearing Issues<br />Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military use and used extensively by thousands of servicemen sent to Afghanistan and Iraq between 2003 to 2015. The CAEV2 was made to allow for two different protection settings, Open Fire mode and Constant Protection mode. The applicable setting is determined by which side of the earplug is inserted into the ear, yellow means Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode was created to allow for hearing speaking and communicating yet still protecting from damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely that was useful for staff operating in track vehicles, in air support or while regular training. Both settings were claimed to block noise up to a certain level yet in current litigation, the government has claimed that neither mode of the ear plug met the Noise Reduction Rating (NRR) which 3M alleged because of an unreported manufacturing error.<br /><br />$9.1 million Settlement Between 3M and the U.S. Government<br />In July of 2018, the U.S. Department of Justice reported 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 defense device. The lawsuit was initially placed in 2016 under the whistleblower part of the False Claims Act which allows private citizens to sue on behalf of the federal government whenever they think that a defendant has submitted false claims for government funds. In this case, the whistleblower was granted $1,911,000 for their part in the lawsuit.<br /><br />According to the DOJ press release, the settlement resolved claims that 3M violated the False Claims Act by marketing or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, [https://www.meneolawgroup.com/defective-products/combat-arms-earplugs/injury-risks earplug lawsuit] . claimed that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for correct insertion into users’ ears and that the earplugs could loosen imperceptibly and then did not work well for some individuals. It was additionally claimed that this design error was known to 3M but was not relayed the Department of Defense.<br /><br />Injuries to Personnel<br />If the claims against 3M are true, many servicemen might have used fault prone earplugs that did not defend them as the equipment was intended to. Based on the alleged design error, the plugs could loosen while in the ear unknown to the soldier letting damaging sounds to make their way into the ear. Harmful sound levels can have serious and lasting effects including partial or total hearing loss, or tinnitus, a ringing inside the ears. Hearing damage is one of the most frequent issues suffered by active duty and former servicemen. Tinnitus, which may 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 seeking medical care for chronic tinnitus.<br /><br />You Can be Entitled to Compensation<br />If you or a family member were provided Dual-Ended Combat Arms Earplugs during service in the military between 2003 and 2015, and have since had partial or total hearing damage or suffer from tinnitus, your situation should be reviewed with the Meneo Law Group to discover all options available to you.<br /> |
Latest revision as of 17:54, 21 October 2019
The Minneapolis headquartered 3M company manufactured the Dual-Ended Combat Arms™ Earplugs that were employed by armed services staff from the years 2003 to 2015 during fighting and training exercises in order to protect soldier hearing from gunfire and explosions. Hearing problems are the most frequent issues suffered by veterans so ear protection is a serious concern for U.S. soldiers. Based on various scenarios, the 3M Dual-Ended Combat Arms™ Earplugs were created to offer two different levels of defense. The dual-ended earplugs have a design that is easily recognizable. As their name implies, they were made of of two outward facing plugs, one green and one yellow.
While the yellow part was put inside the ear, this was known as Weapons Fire mode. This level was created to offer normal hearing for peak situational alertness. It could allow staff to communicate, accept commands and hear other important noises on the battlefield whilst still providing protection from top level noises such as gunfire and explosions. This could have been the desired scenario in combat situations.
When the green part was inserted into the ear, this was referred to as Closed Protection mode. Constant Protection was created to block all sounds more completely in order to offer full protection. According to 3M, the mode is for high level sustained sound situations such as those in tracked vehicles and air support. This level could have additionally been used in many standard practice exercises and environments as well.
Claimed Hearing Issues
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military use and used extensively by thousands of servicemen sent to Afghanistan and Iraq between 2003 to 2015. The CAEV2 was made to allow for two different protection settings, Open Fire mode and Constant Protection mode. The applicable setting is determined by which side of the earplug is inserted into the ear, yellow means Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode was created to allow for hearing speaking and communicating yet still protecting from damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely that was useful for staff operating in track vehicles, in air support or while regular training. Both settings were claimed to block noise up to a certain level yet in current litigation, the government has claimed that neither mode of the ear plug met the Noise Reduction Rating (NRR) which 3M alleged because of an unreported manufacturing error.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. Department of Justice reported 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 defense device. The lawsuit was initially placed in 2016 under the whistleblower part of the False Claims Act which allows private citizens to sue on behalf of the federal government whenever they think that a defendant has submitted false claims for government funds. In this case, the whistleblower was granted $1,911,000 for their part in the lawsuit.
According to the DOJ press release, the settlement resolved claims that 3M violated the False Claims Act by marketing or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, earplug lawsuit . claimed that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for correct insertion into users’ ears and that the earplugs could loosen imperceptibly and then did not work well for some individuals. It was additionally claimed that this design error was known to 3M but was not relayed the Department of Defense.
Injuries to Personnel
If the claims against 3M are true, many servicemen might have used fault prone earplugs that did not defend them as the equipment was intended to. Based on the alleged design error, the plugs could loosen while in the ear unknown to the soldier letting damaging sounds to make their way into the ear. Harmful sound levels can have serious and lasting effects including partial or total hearing loss, or tinnitus, a ringing inside the ears. Hearing damage is one of the most frequent issues suffered by active duty and former servicemen. Tinnitus, which may 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 seeking medical care for chronic tinnitus.
You Can be Entitled to Compensation
If you or a family member were provided Dual-Ended Combat Arms Earplugs during service in the military between 2003 and 2015, and have since had partial or total hearing damage or suffer from tinnitus, your situation should be reviewed with the Meneo Law Group to discover all options available to you.