Hearing Damage Related to Ear Plug Usage
The Minneapolis headquartered 3M business manufactured the Dual-Ended Combat Arms™ Earplugs which were employed by armed services staff during the period 2003 to 2015 during fighting and training exercises to guard soldier hearing from gunfire and explosions. Hearing problems are one of the most frequent issues suffered by soldiers so ear defense is a serious concern for American soldiers. Based on various situations, the 3M Dual-Ended Combat Arms™ Earplugs were designed to provide two different levels of protection. The dual-ended earplugs have a design that is easily recognizable. As their name suggests, they were made of of two outward facing plugs, one green and one yellow.
When the yellow end was inserted into the ear, this was called as Open Fire mode. This mode was created to offer normal hearing for top situational alertness. It could let staff to communicate, receive commands and hear other important sounds on the combat field while still providing protection from top level noises such as gunfire and explosions. This would have been the desired scenario in combat situations.
When the green part was inserted into the ear, this was known as Closed Protection mode. Constant Protection was created to block all noise more completely in order to provide full protection. Per 3M, the mode is for high level sustained sound situations such as those in tracked vehicles and air support. This mode might have also been used in several standard training exercises and environments as well.
Claimed Hearing Risks
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military usage and used extensively by thousands of servicemen deployed to Afghanistan and Iraq between 2003 to 2015. The CAEV2 was designed to let two separate protection settings, Open Fire mode and Closed Protection mode. The appropriate level is determined by which side of the plug is inserted into the ear, yellow for Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is created to allow for hearing speaking and communicating yet maintaining protection from damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more fully that was useful for personnel operating in track vehicles, in air support or while regular training. Each settings were purported to stop noise up to a specific standard but in recent legal action, the government has claimed that neither mode of the ear plug complied with the Noise Reduction Rating (NRR) that 3M claimed because of a non-reported design flaw.
$9.1 million Settlement Between 3M and the U.S. Government
During July of 2018, the U.S. Department of Justice announced that 3M had agreed to pay $9.1 million to resolve claims that the company knowingly sold the Combat Arms Earplugs v2 to the American military without admitting defects that declined the effectiveness of the hearing protection device. The lawsuit was originally filed in 2016 under the whistleblower provision of the False Claims Act which allows private parties to sue on behalf of the federal government when they believe that a defendant has made false claims for government funds. In this case, the whistleblower was granted $1,911,000 for their part in the lawsuit.
Per the Department of Justice press announcement, 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. combat earplugs , the U.S. claimed that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for correct insertion into users’ ears and that the plugs might loosen slightly and therefore did not perform well for some people. It was additionally alleged that this design defect was known to 3M but was not disclosed to the Department of Defense.
Harm to Personnel
If the claims against 3M are correct, thousands of personnel might have used error prone earplugs which didn’t protect them as the product was supposed to. Based on the claimed design flaw, the earplugs could loosen while inside the ear unbeknownst to the soldier allowing damaging noise to make their way into the ear. Harmful noise levels can have serious and permanent effects including partial or total hearing loss, or tinnitus, a buzzing inside the ears. Hearing damage is one of the most common afflictions suffered by active duty and former servicemen. Tinnitus, which could be debilitating, is just as prevalent. According to a research scientist with the VA Portland Healthcare System, last year there were over 1.6 million veterans searching for medical care for chronic tinnitus.
You May 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 scenario should be reviewed with the Meneo Law Group to discover every option available to you.
