Litigation Guides
Millions of pairs of 3M’s Combat Arms, Version 2, earplugs were sold over the years to the United States military before their defects became known to the public. With millions of dollars paid out in settlements and verdicts to service members who had suffered hearing loss after using the earplugs, 3M’s defects have become one of the biggest mass torts in United States history.
Medically Reviewed
Over the years, the 3M Combat Arms design has been proven to be defective, resulting in hearing loss to service members.
Millions of pairs of 3M’s Combat Arms, Version 2, earplugs were sold over the years to the United States military before their defects became known to the public.
Over 250,000 lawsuits have been filed against 3M, and were consolidated into a multi-district litigation. With millions of dollars paid out in settlements and verdicts to service members who had suffered hearing loss and other auditory injuries after using the earplugs, 3M’s defects have become one of the biggest mass torts in United States history.
Noise-induced hearing loss due to military conflicts has long been recognized as a significant source of physical disability for service members.
In particular, the use of improvised explosive devices (IEDs), mortar rounds, and rocket-propelled grenades during the Iraq and Afghanistan wars emphasized the need for effective hearing protection during combat. First developed by Aearo Technologies (which was later bought by 3M) Combat Arms Version 2 earplugs were designed to address this very problem.
The earplugs were designed to block harmful sounds, such as gunshots and explosions, while allowing the user to hear voice commands. After their initial development, the length of the earplugs was shortened to fit the U.S. Army’s standard issued carrying case.
Sound attenuation testing was never performed on the shortened version and only testing data of the previous earplugs were provided to the U.S. military. Testing found that the earplugs were not providing adequate protection against hearing loss because the length of the plug was too short.
The way the earplugs work is that one side is inserted in the ear for protection, and the other side was for hearing the commands. With the shortened version, one end (the green end) was too short for proper insertion. To compensate, the manufacturer altered the shape of the other end (the yellow end) by folding the flange outward.
The flange of the earplugs were supposed to provide a sealed fit. However, the flanges, which were supposed to fold over, would return to their original position, breaking their protective seal. Once the seal was broken, the user would oftentimes be unaware that the seal was not providing adequate protection.
The lawsuits allege that both Aero Technologies Inc. and 3M knew about the design defects but continued to sell the earplugs. To the military, the earplugs were thought to be so effective that the U.S. Marine Corps temporarily depleted the entire national stock in 2003 when it ordered over 20,000 pairs.6
Noise-induced hearing loss is permanent and results from long-term exposure to a noisy environment. The total amount of noise a person can be exposed to is based on the pressure generated by noise (in decibels) and the amount of time exposed. In general, sounds over 85dB can cause noise-induced hearing loss. Early signs of damage can be reversed if the person leaves the noisy environment.
Hearing loss becomes permanent once hair cells of the ear (which are responsible for the perception of sounds) are killed off.
Another factor in hearing loss is that high-intensity noise causes the fluids in the ear to shift, resulting in a separation of the inner and outer hair cells, which impacts the ear’s ability to receive the vibratory stimulation it needs to properly hear.
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Tinnitus and hearing loss account for the two most common injuries experienced by veterans, with approximately 2.3 million and 1.3 million claims, respectively. Other complications include:
These injuries lead to other comorbidities, such as post-traumatic stress disorder, anxiety, and depression. The Veteran Benefits Administration reported that in 2020, over 3.6 million received disability payments for hearing impairments.
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