Hearing Damage Related to Ear Plug Usage

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The Minnesota located 3M company produced the Dual-Ended Combat Arms™ Earplugs which were used by armed services staff between 2003 to 2015 during combat and training exercises in order to protect staff hearing from gunfire and explosions. Hearing issues are the most frequent issues suffered by veterans so ear defense is a major concern for U.S. soldiers. Based on various scenarios, 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 noticeable. As their name suggests, they consisted of two outward facing plugs, one green and one yellow.

When the yellow end was inserted into the ear, this is known as Weapons Fire mode. This mode was designed to provide normal hearing for peak situational awareness. It could allow soldiers to communicate, receive commands and listen to other important sounds in the combat field whilst continuing to provide protection from top level sounds 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 stop all noise more thoroughly in order to offer complete protection. Per 3M, the mode is for high level sustained sound scenarios such as those in tracked vehicles and air support. This level could have additionally been used in many standard training 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) that were made for military use and used extensively by thousands of personnel sent to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was designed to let two separate protection modes, Weapons Fire mode and Constant Protection mode. The appropriate setting is determined by which side of the plug is placed inside the ear, yellow means Weapons Fire mode, green means Constant Protection mode. Weapons Fire mode is created to allow for hearing speaking and communicating yet still protecting from damaging sound levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely which was useful for personnel operating in track vehicles, in air support or while regular training. Both settings were claimed to stop sounds up to a certain standard but in current legal action, the government has alleged that neither mode of the ear plug met the Noise Reduction Rating (NRR) that 3M claimed because of an unreported manufacturing error.

$9.1 million Settlement Between 3M and the U.S. tinnitus lawsuit
During July of 2018, the United States DOJ reported that 3M had agreed to pay $9.1 million in order to resolve claims that they knowingly sold the Combat Arms Earplugs v2 to the American military without disclosing defects that hampered the effectiveness of the hearing defense device. The lawsuit was initially filed in 2016 under the whistleblower provision of the False Claims Act that allows private citizens to sue for the federal government whenever 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.

According to the Department of Justice press release, the settlement resolved allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. More specifically, the U.S. alleged that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for proper insertion into users’ ears and that the plugs might come loose imperceptibly and then did not work well for certain people. It’s additionally claimed that this design error was known to 3M but was not relayed the Department of Defense.

Injuries to Soldiers
If the allegations against 3M are correct, thousands of servicemen might have used faulty earplugs that did not protect them as the equipment was supposed to. Based on the claimed design flaw, the plugs could loosen while inside the ear unbeknownst to the soldier allowing damaging noise to make their way inside the ear. Harmful noise levels can have serious and lasting effects including partial or total hearing loss, or tinnitus, a buzzing in 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 service personnel seeking medical care for chronic tinnitus.

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