What are 3M Combat Earplugs?
Hearing damage, like hearing loss and tinnitus, is the number one injury and disability in US veterans. Preventing hearing loss is a major concern of the military. In the early 2000s, a company called 3M started selling combat arms earplugs. A major buyer of the dual-ended earplugs was the United States Military. The 3M combat arms earplugs had 2 sides; if the wearer put one side of the earplugs in, it would block all sound, like a traditional earplug. The other side of the earplug would block loud noises but allow smaller noises, like the voices of fellow soldiers or commanders, and approaching enemy soldiers, to come through.
This made the 3M combat arms earplugs incredibly useful to the military, as they provided a way to prevent hearing loss from injury due to explosions, gunfire, and other loud noises while still allowing their military personnel to hear orders and their environment.
Unfortunately, the earplugs had a design flaw. The ends of the plugs were too short to completely fill the ear canal for some people. A lawsuit was filed in 2016, declaring the 3M earplugs defective. The 3M earplug lawsuit claimed that the 3M combat earplugs were to blame for thousands of veterans’ hearing loss and tinnitus sustained in combat. 3M paid the Department of Justice over $9 million, but they did not admit fault.
What Happened With The 3M Earplugs?
In the early 2000s, the military bought thousands of the 3M combat arms earplugs and distributed them to their service members. In 2004, all deploying soldiers were issued the 3M combat arms earplugs.
In 2016, a lawsuit was filed against 3M for knowingly selling a defective product. Since then, thousands of veterans have sued 3M for hearing loss and tinnitus. 3M has paid millions of dollars in personal injury lawsuits to the plaintiffs for hearing loss and tinnitus caused by their defective earplugs.
How Was The Design Defective?
The 3M combat arms earplugs were too short to be safely worn by some users. The plug could not create an adequate seal in some people’s ears, thus allowing an unknown injury to occur.
In some combat areas, there is constant noise from the surrounding battlefield. This constant noise will cause injury in the form of permanent hearing loss and/or tinnitus. Earplugs are necessary to prevent hearing loss during combat and in the field. By knowingly selling earplugs that were too short to properly work on some people’s ears, 3M enabled the permanent hearing damage of thousands of military service members.
What Did the Court Decide?
The 3M earplug lawsuits are still going on today, but the general arguments of the defense and the plaintiffs remain the same. The defense for 3M argues that any injury sustained is not due to defective design, but by the user not wearing them properly. Due to military input to the design, the defense tried to argue that the government-contractor defense absolves the company of liability, even if the earplugs are proven defective. The government-contractor defense has been rejected by a judge since there was never a written contract between the government and the company.
The plaintiffs argue for product liability, which holds the manufacturer responsible for injury or damage caused when the user follows all instructions from the manufacturer. Personal injury lawyers have argued for defective design, labeling, and warning. The product was too short to effectively work for all users, and it failed to give detailed instructions on inserting the ear plugs correctly or give a warning of injury possible from not inserting them correctly. Individual cases of personal injury are still going on today.
How Do I Receive Compensation For Being Affected by 3M Combat Earplugs?
If you sustained permanent hearing loss or developed tinnitus since your service in the military due to using the 3M combat earplugs then you may have a case against them and be able to sue for personal injury. Find a good personal injury lawyer or social security disability lawyer to help you build your case. You are entitled to compensation for your injury.
How Can Trajector Help Me?
Trajector is a company focused on helping disabled and veterans get their compensation and benefits. They can connect you with a personal injury lawyer or a social security disability lawyer to help you in your case against 3M. Disabled veterans who have sustained hearing loss or tinnitus due to their service deserve those benefits. If they have a case against 3M for their injuries, Trajector can help them gather the medical evidence and build a case against 3M to get the compensation they deserve.
