Combat Arms Earplug Lawsuit

In July 2018, the American multinational corporation 3M settled a whistleblower lawsuit brought by the federal government alleging that the company knowingly supplied defective Combat Arms Earplugs to the US military. 3M was accused of violating the False Claims Act by selling the defective earplugs, falsifying test results and not disclosing the design defect that exposed the armed forces in Iraq and Afghanistan from hearing loss during the period of 2003 to 2015.

Combat Earplugs

The CAEv2 earplugs were used by the military to protect their hearing. Instead, the earplugs exposed soldiers to hearing loss because the defective design prevented the devices from maintaining a tight fit. The short stem would dislodge and users were unaware that they weren’t adequately protected.

3M designed the hearing safety equipment as being dual-ended, so they could be flipped for more protection around gunfire or explosions. Users could –purportedly— reduce or block intense noise without obstructing quieter sounds such as nearby voices. The Combat Earplugs were sold to the US military so that users could hear low-level sounds that were essential to their safety while blocking high-level noises like explosions and gunshots.

Aearo Technologies, Inc. originally designed the earplugs. 3M bought the company in 2008 and then hired Aearo employees to develop and test the defective Combat Earplugs. Those lab technicians that tested the earplugs and the scientists who supervised and documented the testing are still employed by 3M.
 

Hearing Loss in Veterans

Aearo knew of the defect at least as early as 2000, according to the qui tam lawsuit. Thousands of soldiers experienced ringing or buzzing in their ears, which also created a risk to their fellow military servicemen and women. In 2014, 933,333 veterans received disability benefits for hearing impairment and 1.3 million received disability compensation for tinnitus – a condition that is difficult to diagnose and there is no cure. Hearing loss is the most common service-connected disability among US veterans.
 

Qui Tam 3M Lawsuit

The $9.1 million dollar settlement brought against 3M and Aearo by the US government stemmed from a qui tam whistleblower lawsuit that alleged the companies fraudulently claimed that their CAEv2earplugs met specific safety specifications. Both companies apparently knew the devices were not long enough to adequately insert into some soldiers’ ears. The complaint further claimed that test results were falsified in order to deceive the government into believing the earplugs complied with mandatory safety requirements. The whistleblower lawsuit was brought in 2016 under the False Claims Act by Moldex-Metric, Inc., a 3M competitor. This act allows private parties to sue on behalf of the government in cases of fraud. As part of the settlement, Moldex-Metric will receive $1.9 million, according to the Department of Justice .

The Minneapolis Star Tribune reported that 3M and Moldex-Metric have sued each other over several years. 3M accused Moldex of infringing on several of its earplug patents, while Moldex countersued, accusing 3M of lying and falsely making allegations about earplug products that predated 3M versions. Moldex further alleged in its lawsuits that a 3M dual-ended earplug had failed to pass certain safety tests, which violated its military sales contracts.

The case is United States ex rel. Moldex-Metric v. 3M Company, Case No. 3:16-cv-1533-MBS (D.S.C.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
 

Veterans File a Hearing Loss/Tinnitus Claim

The massive $9.1million settlement reimburses the government for the public funds paid to the companies. If you are a veteran – or you know a veteran— with hearing problems and you were active in any branch of the military between 2003 and 2015, you may be able to file a lawsuit against the earplug manufacturer. If you want to be compensated for medical bills, lost wages, pain and more, contact an experienced product liability attorney to help you file a claim.
 

3M Combat Arms Defective Earplugs Legal Help

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Last updated on Nov-30-22