Defective Combat Earplugs Lawsuits

August 1, 2024 | Product liability

Defective Combat Earplugs Lawsuits

When the men and women serving in the U.S. military volunteer to place themselves in harm’s way, they expect and deserve the best protective gear in the world. In the case of 3M earplugs, that’s not what they got. According to the Military Times, 100 lawsuits were filed to help compensate those who were affected by combat earplugs that did not work correctly. 

The plaintiffs include military personnel who served in Afghanistan, Iraq, and other locations between 2003 and 2015. They alleged that the earplugs were defective and that the company failed to warn users of the defects. These defects led to hearing loss and damage to thousands of service members. If you need help, contact our product liability lawyer today.

The History of the 3M Lawsuit

The 3M Company manufactured and supplied the U.S. Military with “Combat Arms” brand earplugs to protect those serving in combat zones from the loud sounds of military training and combat. The company stopped producing Combat Arms earplugs in 2015 but did not initiate a recall despite being aware of problems with the earplugs sealing correctly. 

A whistleblower lawsuit was filed in 2016 claiming that 3M had knowingly been selling earplugs that did not meet the protective standards set out by the government. The lawsuit also alleged that 3M was responsible for the hearing loss and hearing problems, such as tinnitus, that were caused by the defective seal. 

To resolve the issue, 3M agreed to pay the Department of Justice $9.1 million. After the settlement with the federal government was reached, individual service members began filing independent lawsuits against 3M. These suits alleged that the faulty earplugs led to tinnitus or hearing loss because they did not seal properly and thus failed to protect users from loud noise. 

Testing conducted by the manufacturer showed the earplugs were defective, but the company falsified certification and claimed the earplugs met all military standards. Unlike workers in the private sector, military personnel are not allowed to sue for worker’s compensation if they are injured on the job. Filing a lawsuit provided the best chance of fair compensation.

So many lawsuits were filed that it became necessary to centralize the complaints under a district court in Florida for more efficient processing, which led to that $9.1 million settlement in 2018. The earplug lawsuit is the largest of its kind in U.S. history. In total, 3M has paid more than $6 billion in damages. 

Because the earplugs were never recalled, Forbes Advisor reports that there are still over 230,000 service members or veterans using them. The original lawsuits have been settled, but some legal experts believe more litigation may be on the way. 

Beware of Earplug Lawsuit Scams

Since the settlement, many veterans have reported being contacted by people claiming to represent Archer Systems LLC, the settlement administrator. Scammers ask for personal identification information like the person’s date of birth and Social Security number so they can “check” the veteran’s eligibility to be included in the settlement. 

Official statements have been issued reminding veterans and others that Archer Systems would never ask for Social Security numbers. Anyone who receives such contacts is advised to report them. 

Are You a Veteran With Hearing Loss Caused By 3M Earplugs? 

Suing for damages while serving in the military is different from a standard product liability suit. If you believe you have been injured by CAEv2 earplugs, it’s not too late to receive compensation. Schedule a free legal consultation to learn whether your situation meets the standards for filing a claim.

If you’ve been injured in a product liability accident, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

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