Hearing Loss From Earplug Usage

The Minneapolis headquartered 3M company made the Dual-Ended Combat Arms™ Earplugs which were used by military staff from the years 2003 to 2015 during combat and training exercises to protect staff hearing from gunfire and explosions. Hearing veteran hearing are one of the most frequent issues suffered by veterans so ear defense is a serious concern for U.S. soldiers. Based on various scenarios, the 3M Dual-Ended Combat Arms™ Earplugs were designed to provide two different levels of defense. The dual-ended earplugs have a design that is easily noticeable. As their name suggests, they were made of of two outward facing plugs, one green and one yellow.

While the yellow part was inserted inside the ear, this is recognized as Open Fire mode. This level was created to offer normal hearing for top situational alertness. It could let soldiers to communicate, receive commands and hear other important noises in the battlefield while continuing to provide protection from peak level sounds like gunfire and explosions. This could have been the desired scenario in combat situations.

When the green end was inserted into the ear, this was known as Closed Protection mode. Constant Protection was designed to block all noise more completely in order to provide complete protection. Per 3M, the mode is for high-level sustained noise scenarios such as those in tracked vehicles and air support. This level may have additionally been used in several standard training exercises and environments as well.
Alleged Hearing Risks
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were made for military use and used broadly by thousands of servicemen deployed to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was produced to allow for two different protection modes, Open Fire mode and Closed Protection mode. The applicable level is determined by which part of the earplug is inserted inside the ear, yellow for Weapons Fire mode, green means Constant Protection mode. Weapons Fire mode was designed to allow for hearing speaking and communicating yet still protecting against damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more fully that was useful for soldiers operating in track vehicles, in air support or while regular training. Both settings were purported to stop noise up to a certain level but in recent litigation, the government has alleged that neither mode of the ear plug complied with the Noise Reduction Rating (NRR) that 3M claimed due to an unreported manufacturing flaw.

$9.1 million Settlement Between 3M and the U.S. Government
During July of 2018, the U.S. DOJ reported that 3M had agreed to pay $9.1 million in order to resolve claims that the company knowingly sold the Combat Arms Earplugs v2 to the American military without disclosing defects that hampered the effectiveness of the hearing protection device. The lawsuit was initially placed in 2016 under the whistleblower part of the False Claims Act which permits private citizens to sue for the federal government whenever they believe that a defendant has represented false claims for government funds. In this issue, the whistleblower was awarded $1,911,000 for their part in the lawsuit.

According to the DOJ press release, the settlement took care of claims that 3M violated the False Claims Act by marketing or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States claimed that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for correct insertion into users’ ears and that the earplugs might loosen imperceptibly and therefore didn’t perform well for some people. It was additionally alleged that this design error was known to 3M but was not relayed the Department of Defense.

Harm to Soldiers
If the claims about 3M are true, many servicemen might have used error prone plugs which didn’t protect them as the product was supposed to. Based on the alleged design error, the earplugs could loosen while inside the ear unbeknownst to the soldier letting damaging sounds to make their way inside the ear. Harmful noise 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 afflictions 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 soldiers looking for medical care for chronic tinnitus.

You May be Entitled for Compensation
If you or a loved one were given Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since had partial or total hearing damage or suffer from tinnitus, your case should be reviewed with the Meneo Law Group to explore every option available to you.