You Need A Skilled Lawyer For Your 3m Earplugs Lawsuit
The U.S Defense Logistics Agency outfits the armed forces with a variety of hearing equipment to keep their ears safe, and in return, soldiers trust that this equipment is reliable. Unfortunately, a recent case from the Department of Justice showed that 3M earplugs caused hearing loss. A specific model issued to the military, CAEv2 earplugs, which were manufactured by 3M, were faulty, leaving service members who used 3M earplugs to suffer from hearing loss and even deafness.
Members of the armed forces don’t lead easy lives. Answering the call of duty often means going above and beyond, even when it involves the sacrifice of their well-being. And when manufacturers reportedly know about product defects, caring more about profit and market control than safety, our armed forces are left to live with the complications. This is simply inexcusable, and at Parker Waichman LLP, we’re here to stand up for the rights of the brave people who stand up for us on the battlefield. If you’ve experienced hearing loss after wearing 3M’s Combat Arms earplugs, call us today for a free consultation about your potential 3M earplug lawsuit.
How Were 3M Earplugs Defective?
CAEv2 3M earplugs are designed to filter out harmful noise levels for deployed troops, but the stems of 3M’s Combat Arms earplugs were too short and did not allow the plugs to be pushed into the ear deep enough for maximum effectiveness.
The earplugs have a yellow end and a dark green end. When the yellow end was inserted in the ear canal, the plugs were said to be able to reduce the impact of loud noises while still allowing the user to hear vocal commands and orders. When the green end was inserted in the ear canal, both softer sounds and loud noises would be reduced. However, the Combat Arms earplugs could become dislodged so that damaging levels of noise could be heard without the user necessarily knowing that the earplugs had come out of place.
Company Reportedly Knew About Faulty Combat Arms Earplugs
In the course of an investigation by federal prosecutors, it was found that 3M was aware that this product was faulty. The 3M Combat Arms earplugs, initially manufactured by Aearo Technologies, were found to have defects dating back to 2000, eight years before Aearo was bought out by 3M and three years before the U.S. armed forces began using 3M earplugs as their principal hearing safety equipment. Other faults discovered to have been hidden from the government included the fact that during their use, the 3M earplugs would gradually loosen until they failed to be effective at noise filtration.
A federal 3M Combat Arms earplugs lawsuit revealed that 3M’s product safety negligence contributed to serious hearing complications for members of the armed forces.
A Silent Epidemic: Hearing Loss Caused by Failed 3M Earplugs
When signing up for the armed forces, people may return home with not only physical and mental fatigue but hearing loss or even deafness. According to the Department of Veterans Affairs Annual Benefits Report, veterans have experienced more than 1.9 million cases of tinnitus and 1.2 million cases of hearing loss. This makes tinnitus and hearing loss the two most common disabilities related to military service. A study by the U.S. Centers for Disease Control and Prevention (CDC) found that veterans are 30% more likely to develop severe hearing impairment compared to non-veterans, making this a far-reaching problem that has been dubbed a silent epidemic.
The 3M Company’s contributions to this epidemic are hard to ignore, as 3M’s CAEv2 earplugs were distributed to soldiers in Iraq and Afghanistan from 2003 until 2015 as the exclusive hearing protection of the armed forces. A later CDC study found that veterans who served during that period were four times more likely to develop severe hearing impairment than in any period before or since, showing that 3M earplugs cause hearing loss when these defective devices are used on the battlefield.
Armed with the facts and public outcry, the U.S. government pursued a 3M hearing loss lawsuit.
Government Case Leads to 3M Earplug Lawsuit Payout
The federal 3M military earplug lawsuit was what’s known as a qui tam action. A qui tam case is a legal suit filed by a private corporation, in this case Moldex-Metric Inc., on behalf of the government under the False Claims Act. The Department of Justice joined in pursuing claims that 3M had violated the False Claims Act by selling a product that did not work as the company said it should and therefore made a fraudulent claim of government revenues in the form of military contracts.
The prosecuting corporation, Moldex-Metric Inc., is a California-based safety equipment manufacturer that has a history of back-and-forth litigation with 3M over their equipment. In a countersuit against 3M in 2017, Moldex-Metric claimed that 3M filed frivolous and baseless claims against Moldex-Metric products. They also claimed that 3M’s products failed to efficiently protect against noises deemed in the threat range of damaging combatants’ hearing. These claims would later form the basis of the 2018 3M earplug settlement between the company and the government, in which the company paid $9.1 million to the government following a protracted legal duel. For their part in the proceedings, Moldex-Metric was awarded $1.9 million in whistleblower fees.
After the case was settled, 3M issued a statement that “this resolution is not an admission of liability but simply a decision to move forward with our mission to provide high-quality personal safety equipment products to our customers.” Despite this, 3M has taken a severe hit to both their wallet and their reputation. The settlement marked the first major victory for those injured by this faulty equipment, but it’s highly unlikely to be the last.
Veterans Seek Justice in 3M Hearing Protection Lawsuit
Although the federal case has been resolved, settlement of this 3M combat earplugs lawsuit included no formal assignment of liability. In addition, the company was only made to compensate the government: This case did not include any 3M earplug lawsuit payout to veterans. However, if veterans show in court that 3M knew or should have known that its Combat Arms earplugs were defective or did not adequately protect users, 3M may find itself having to pay compensation to service members whose hearing was negatively impacted by the earplugs’ defect.
Already, thousands of veterans have filed suit against 3M over hearing difficulties experienced by service members who used 3M’s Combat Arms earplugs. Through a 3M lawsuit payout, these soldiers, sailors, and pilots could receive compensation for their injuries.
Frequently Asked Questions
Is There a 3M Class-Action Lawsuit?
No, but there is a pending multi-district litigation, which is similar. The difference is that with an MDL, numerous 3M earplug cases can be consolidated in one court, but each case will still be considered separately.
Is a 3M Earplug Lawsuit Legit?
Yes. The 3M earplug product liability MDL is currently pending in U.S. District Court in the Northern District of Florida, with more cases constantly being added.
3M Earplug Lawsuit Update: What Is Going On With the 3M Lawsuit MDL?
The first bellwether trials are scheduled for April 2021 in Pensacola, Florida. When all is said and done, this could easily become one of the largest consumer mass torts in recent history, as 3M is getting sued by hundreds of thousands of veterans who have experienced hearing loss and/or tinnitus and may be eligible for a 3M lawsuit payout.
How Many Veterans Are Suing 3M?
More than 200,000 claims have been filed so far, making this one of the largest MDLs in history.
How Do You Qualify for a 3M Lawsuit?
There are three qualifiers for a veteran lawsuit against 3M. You must have served in any branch of the armed forces between 2003 and 2015, used the green-and-yellow, dual-sided, military-provided combat earplugs, and experienced hearing loss and/or tinnitus. The best lawyer for a 3M earplug lawsuit can help you determine if you have a strong claim for compensation: Call Parker Waichman today for a free case evaluation.
Who Was Issued 3M Earplugs?
These 3M earplugs were given out to anyone in the armed forces from 2003 to 2015. Anyone who served during that time and used earplugs would have been given this defective hearing protection product made by 3M.
Does the 3M Lawsuit Affect VA Disability?
No: Veterans can safely file a lawsuit to seek compensation for hearing loss without it affecting their disability benefits.
