3M Defective Earplug Lawyers: Dual-ended Combat Arms™ Claims

How Were the Earplugs Defective?

3M told the military their selective attenuation earplugs could help protect troops in combat zones. The earplugs were dual-ended, with an olive side and a yellow side that offered variable protection. One end was a traditional earplug while the other provided protection from intense sounds like explosions and gunfire without blocking a soldier’s hearing. Now, we know these earplugs did not work as planned.

The Department of Veterans Affairs (VA) claims approximately 60% of service members report hearing problems after leaving the military and over 2.6 million veterans are receiving disability compensation for hearing loss and tinnitus.

According to court documents, 3M’s combat earplugs were too short and could easily come loose in the user’s ear, exposing them to deafening noises that lead to hearing loss and tinnitus (ringing in the ears). The company and its predecessor, Aearo Technologies, allegedly knew about the design defects in 2000 after the product failed numerous safety tests but failed to disclose them—and kept the product on the market for 15 years.

In July 2018, 3M paid the U.S. military $9.1 million to settle after they were sued for violating the False Claims Act. The lawsuit was brought under the whistleblower provision that allows private parties to sue on behalf of the government if the defendant submitted false claims for government funding. Whistleblower Moldex-Metric, Inc. was awarded $1,911,000.