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Hearing Loss Related to Ear Plug Usage
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The Minneapolis located 3M business manufactured the Dual-Ended Combat Arms™ Earplugs that were used by military personnel from the years 2003 to 2015 during combat and training exercises in order to protect personnel hearing from gunfire and explosions. Hearing issues are one of the most frequent issues suffered by soldiers so hearing defense is a major concern for U.S. soldiers. Based on various situations, the 3M Dual-Ended Combat Arms™ Earplugs were designed to provide two different amounts of protection. The dual-ended plugs have a design that is easily noticeable. As their name suggests, they consisted of two outward facing earplugs, one green and one yellow.
While the yellow end was inserted inside the ear, this was called as Weapons Fire mode. This level was created to provide normal hearing for peak situational alertness. It could allow soldiers to communicate, receive commands and hear other important sounds on the combat field while continuing to provide defense from peak level sounds like gunfire and explosions. This could have been the desired scenario in combat situations.
When the green part was placed into the ear, this was referred to as Constant Protection mode. Constant Protection was designed to stop all sounds more thoroughly in order to provide full protection. According to 3M, this mode is for high-level steady noise situations like those in tracked vehicles and air support. This mode might have additionally been used in many standard practice exercises and environments as well.
Claimed Hearing Risks
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military use and used extensively by thousands of personnel sent to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was produced to allow for two different protection settings, Open Fire mode and Constant Protection mode. The applicable setting is determined by which part of the earplug is placed into the ear, yellow for Weapons Fire mode, green means Constant Protection mode. Weapons Fire mode is designed to allow for hearing speaking and communicating while maintaining protection against damaging sound levels from gunfire and explosions. The Constant Protection level blocked all noise more fully which was useful for personnel operating in track vehicles, in air support or while regular training. Both settings were claimed to stop noise up to a specific level yet in recent litigation, the government has alleged that neither mode of the ear plug complied with the Noise Reduction Rating (NRR) which 3M claimed due to a non-reported manufacturing flaw.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. DOJ announced that 3M had agreed to pay $9.1 million in order to resolve claims that the company knowingly sold the Combat Arms Earplugs v2 to the U.S. military without disclosing defects that declined the effectiveness of the hearing protection device. The lawsuit was initially filed in 2016 under the whistleblower part of the False Claims Act which allows private citizens to sue on behalf of the federal government whenever they think that a defendant has submitted incorrect claims for government funds. In this case, the whistleblower was awarded $1,911,000 for their part in the lawsuit.
Per the DOJ press release, the settlement resolved claims that 3M violated the False Claims Act by marketing or causing to be sold defective earplugs to the Defense Logistics Agency. More specifically, the United States claimed that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for proper insertion into users’ ears and that the plugs could come loose slightly and therefore did not perform well for certain people. It’s also claimed that this design error was known to 3M but wasn’t relayed the Department of Defense.
Harm to Soldiers
If the allegations about 3M are correct, many personnel might have used fault prone plugs which didn’t defend them as the equipment was supposed to. Based on the claimed design error, the plugs may come loose while in the ear unknown to the soldier letting damaging noise to make their way into the ear. Harmful sound levels may have serious and lasting effects including partial or total hearing loss, or tinnitus, a ringing inside the ears. Hearing damage is one of the most common afflictions suffered by active duty and former service personnel. Tinnitus, which can 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 veterans searching for medical care for chronic tinnitus.
tinnitus lawsuit Could be Entitled to Compensation
If you or a loved one were issued Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since had partial or total hearing damage or suffer from tinnitus, your case should be reviewed with the Meneo Law Group to explore every option available to you.
While the yellow end was inserted inside the ear, this was called as Weapons Fire mode. This level was created to provide normal hearing for peak situational alertness. It could allow soldiers to communicate, receive commands and hear other important sounds on the combat field while continuing to provide defense from peak level sounds like gunfire and explosions. This could have been the desired scenario in combat situations.
When the green part was placed into the ear, this was referred to as Constant Protection mode. Constant Protection was designed to stop all sounds more thoroughly in order to provide full protection. According to 3M, this mode is for high-level steady noise situations like those in tracked vehicles and air support. This mode might have additionally been used in many standard practice exercises and environments as well.
Claimed Hearing Risks
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military use and used extensively by thousands of personnel sent to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was produced to allow for two different protection settings, Open Fire mode and Constant Protection mode. The applicable setting is determined by which part of the earplug is placed into the ear, yellow for Weapons Fire mode, green means Constant Protection mode. Weapons Fire mode is designed to allow for hearing speaking and communicating while maintaining protection against damaging sound levels from gunfire and explosions. The Constant Protection level blocked all noise more fully which was useful for personnel operating in track vehicles, in air support or while regular training. Both settings were claimed to stop noise up to a specific level yet in recent litigation, the government has alleged that neither mode of the ear plug complied with the Noise Reduction Rating (NRR) which 3M claimed due to a non-reported manufacturing flaw.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. DOJ announced that 3M had agreed to pay $9.1 million in order to resolve claims that the company knowingly sold the Combat Arms Earplugs v2 to the U.S. military without disclosing defects that declined the effectiveness of the hearing protection device. The lawsuit was initially filed in 2016 under the whistleblower part of the False Claims Act which allows private citizens to sue on behalf of the federal government whenever they think that a defendant has submitted incorrect claims for government funds. In this case, the whistleblower was awarded $1,911,000 for their part in the lawsuit.
Per the DOJ press release, the settlement resolved claims that 3M violated the False Claims Act by marketing or causing to be sold defective earplugs to the Defense Logistics Agency. More specifically, the United States claimed that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for proper insertion into users’ ears and that the plugs could come loose slightly and therefore did not perform well for certain people. It’s also claimed that this design error was known to 3M but wasn’t relayed the Department of Defense.
Harm to Soldiers
If the allegations about 3M are correct, many personnel might have used fault prone plugs which didn’t defend them as the equipment was supposed to. Based on the claimed design error, the plugs may come loose while in the ear unknown to the soldier letting damaging noise to make their way into the ear. Harmful sound levels may have serious and lasting effects including partial or total hearing loss, or tinnitus, a ringing inside the ears. Hearing damage is one of the most common afflictions suffered by active duty and former service personnel. Tinnitus, which can 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 veterans searching for medical care for chronic tinnitus.
tinnitus lawsuit Could be Entitled to Compensation
If you or a loved one were issued Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since had partial or total hearing damage or suffer from tinnitus, your case should be reviewed with the Meneo Law Group to explore every option available to you.
Hearing Damage Related to Ear Plug Usage
|
|
comments (0)
|
The Minnesota headquartered 3M company produced the Dual-Ended Combat Arms™ Earplugs that were employed by armed services personnel during the period 2003 to 2015 during combat and training exercises to defend personnel hearing from gunfire and explosions. Hearing problems are one of the most frequent issues suffered by soldiers so ear defense is a serious concern for U.S. soldiers. Based on different situations, the 3M Dual-Ended Combat Arms™ Earplugs were designed to offer two different levels of protection. The dual-ended earplugs have a design that is very noticeable. As their name suggests, they were made of of two outward facing plugs, one green and one yellow.
While the yellow end was inserted into the ear, this was called as Open Fire mode. This level was designed to offer normal hearing for peak situational alertness. It would allow soldiers to communicate, receive commands and hear other important sounds on the battlefield whilst continuing to provide protection from peak level sounds such as gunfire and explosions. This would have been the desired mode in combat situations.
When the green end was inserted inside the ear, this was known as Constant Protection mode. Constant Protection was created to stop all sounds more completely in order to provide full protection. According to 3M, this mode is for high level sustained noise scenarios like those in tracked vehicles and air support. This level may have also been used in many standard practice exercises and environments as well.
earplug lawsuit
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military usage and used extensively by thousands of personnel sent to Afghanistan and Iraq between 2003 to 2015. The CAEV2 was designed to let two separate protection modes, Weapons Fire mode and Closed Protection mode. The applicable setting is determined by which part of the earplug is inserted into the ear, yellow for Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is designed to allow for hearing speech and communicating while still protecting from damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely which was useful for soldiers operating in track vehicles, in air support or during regular training. Each settings were claimed to stop sounds up to a specific level but in recent litigation, the government has alleged that neither mode of the ear plug met the Noise Reduction Rating (NRR) that 3M claimed because of an unreported design flaw.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. Department of Justice announced 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 admitting defects that hampered the effectiveness of the hearing protection device. The lawsuit was initially placed in 2016 under the whistleblower provision of the False Claims Act which permits private parties to sue for the federal government when they think that a defendant has represented false claims for government funds. In this issue, the whistleblower was awarded $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 correct insertion into users’ ears and that the earplugs could come loose imperceptibly and then didn’t work well for certain people. It was additionally claimed that this design error was known to 3M but wasn’t relayed the Department of Defense.
Harm to Soldiers
If the claims about 3M are true, many personnel might have used faulty plugs which didn’t protect them as the product was supposed to. Based on the claimed design flaw, the plugs may come loose while inside the ear unknown to the soldier letting damaging noise to make their way inside the ear. Dangerous sound levels can have serious and permanent effects including partial or total hearing loss, or tinnitus, a ringing in the ears. Hearing damage is one of the most common afflictions suffered by active duty and former servicemen. Tinnitus, which might 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 veterans seeking medical care for chronic tinnitus.
You Might be Entitled to Compensation
If you or a loved one were given Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since had partial or total hearing loss or suffer from tinnitus, your scenario should be discussed with the Meneo Law Group to discover all options available to you.
While the yellow end was inserted into the ear, this was called as Open Fire mode. This level was designed to offer normal hearing for peak situational alertness. It would allow soldiers to communicate, receive commands and hear other important sounds on the battlefield whilst continuing to provide protection from peak level sounds such as gunfire and explosions. This would have been the desired mode in combat situations.
When the green end was inserted inside the ear, this was known as Constant Protection mode. Constant Protection was created to stop all sounds more completely in order to provide full protection. According to 3M, this mode is for high level sustained noise scenarios like those in tracked vehicles and air support. This level may have also been used in many standard practice exercises and environments as well.
earplug lawsuit
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military usage and used extensively by thousands of personnel sent to Afghanistan and Iraq between 2003 to 2015. The CAEV2 was designed to let two separate protection modes, Weapons Fire mode and Closed Protection mode. The applicable setting is determined by which part of the earplug is inserted into the ear, yellow for Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is designed to allow for hearing speech and communicating while still protecting from damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely which was useful for soldiers operating in track vehicles, in air support or during regular training. Each settings were claimed to stop sounds up to a specific level but in recent litigation, the government has alleged that neither mode of the ear plug met the Noise Reduction Rating (NRR) that 3M claimed because of an unreported design flaw.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. Department of Justice announced 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 admitting defects that hampered the effectiveness of the hearing protection device. The lawsuit was initially placed in 2016 under the whistleblower provision of the False Claims Act which permits private parties to sue for the federal government when they think that a defendant has represented false claims for government funds. In this issue, the whistleblower was awarded $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 correct insertion into users’ ears and that the earplugs could come loose imperceptibly and then didn’t work well for certain people. It was additionally claimed that this design error was known to 3M but wasn’t relayed the Department of Defense.
Harm to Soldiers
If the claims about 3M are true, many personnel might have used faulty plugs which didn’t protect them as the product was supposed to. Based on the claimed design flaw, the plugs may come loose while inside the ear unknown to the soldier letting damaging noise to make their way inside the ear. Dangerous sound levels can have serious and permanent effects including partial or total hearing loss, or tinnitus, a ringing in the ears. Hearing damage is one of the most common afflictions suffered by active duty and former servicemen. Tinnitus, which might 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 veterans seeking medical care for chronic tinnitus.
You Might be Entitled to Compensation
If you or a loved one were given Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since had partial or total hearing loss or suffer from tinnitus, your scenario should be discussed with the Meneo Law Group to discover all options available to you.
Hearing Damage From Ear Plug Usage
|
|
comments (0)
|
The Minnesota located 3M company manufactured the Dual-Ended Combat Arms™ Earplugs that were employed by military personnel from 2003 to 2015 during combat and training exercises to guard soldier hearing from gunfire and explosions. Hearing problems are the most common issues suffered by veterans so hearing defense is a serious concern for American soldiers. Based on various scenarios, the 3M Dual-Ended Combat Arms™ Earplugs were designed to offer two different levels of defense. The dual-ended plugs have a design that is very noticeable. As their name suggests, they were made of of two outward facing plugs, one green and one yellow.
When the yellow part was put into the ear, this is recognized as Open Fire mode. This level was designed to offer normal hearing for peak situational alertness. It could let staff to communicate, receive commands and hear other important noises in the combat field whilst continuing to provide defense from peak level noises like gunfire and explosions. This could have been the desired scenario in combat situations.
When the green end was placed into the ear, this was referred to as Closed Protection mode. earplug lawsuit was created to stop all noise more thoroughly in order to offer complete defense. Per 3M, the mode is for high-level sustained sound situations like those in tracked vehicles and air support. This mode could have additionally been used in several standard training exercises and environments as well.
Alleged Hearing Risks
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) that were created for military use and used extensively by thousands of personnel sent to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was produced to let two separate protection modes, Weapons Fire mode and Constant Protection mode. The applicable setting is determined by which part of the plug is placed into the ear, yellow for Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is created to allow for hearing speaking and communicating yet still protecting from damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely which was useful for staff operating in track vehicles, in air support or while regular training. Both settings were claimed to block sounds up to a certain standard but in current legal action, the government has alleged that neither mode of the ear plug complied with the Noise Reduction Rating (NRR) which 3M alleged because of an unreported design flaw.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. DOJ announced that 3M had agreed to pay $9.1 million in order to resolve claims that the company knowingly sold the Combat Arms Earplugs v2 to the U.S. military without admitting errors that declined the effectiveness of the hearing protection device. The lawsuit was initially placed in 2016 under the whistleblower provision of the False Claims Act which allows private parties to sue for the federal government when they believe that a defendant has submitted incorrect claims for government funds. In this case, the whistleblower was granted $1,911,000 for their part in the lawsuit.
Per 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. Specifically, the U.S. claimed that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for correct insertion into users’ ears and that the earplugs might loosen imperceptibly and then didn’t perform well for some people. It was additionally claimed that this design defect was known to 3M but wasn’t disclosed to the Department of Defense.
Injuries to Soldiers
If the claims about 3M are correct, thousands of personnel might have used fault prone earplugs that did not defend them as the product was supposed to. Based on the alleged design error, the plugs could loosen while inside the ear unknown to the soldier letting damaging sounds to make their way inside the ear. Dangerous sound levels can have serious and permanent effects which include partial or total hearing loss, or tinnitus, a ringing in the ears. Hearing damage is one of the most common issues suffered by active duty and former servicemen. Tinnitus, which might 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 looking for medical care for chronic tinnitus.
You Can be Entitled for Compensation
If you or a family member were provided Dual-Ended Combat Arms Earplugs during service in the military between 2003 and 2015, and have since experienced partial or total hearing loss or suffer from tinnitus, your case should be reviewed with the Meneo Law Group to explore all options available to you.
When the yellow part was put into the ear, this is recognized as Open Fire mode. This level was designed to offer normal hearing for peak situational alertness. It could let staff to communicate, receive commands and hear other important noises in the combat field whilst continuing to provide defense from peak level noises like gunfire and explosions. This could have been the desired scenario in combat situations.
When the green end was placed into the ear, this was referred to as Closed Protection mode. earplug lawsuit was created to stop all noise more thoroughly in order to offer complete defense. Per 3M, the mode is for high-level sustained sound situations like those in tracked vehicles and air support. This mode could have additionally been used in several standard training exercises and environments as well.
Alleged Hearing Risks
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) that were created for military use and used extensively by thousands of personnel sent to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was produced to let two separate protection modes, Weapons Fire mode and Constant Protection mode. The applicable setting is determined by which part of the plug is placed into the ear, yellow for Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is created to allow for hearing speaking and communicating yet still protecting from damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely which was useful for staff operating in track vehicles, in air support or while regular training. Both settings were claimed to block sounds up to a certain standard but in current legal action, the government has alleged that neither mode of the ear plug complied with the Noise Reduction Rating (NRR) which 3M alleged because of an unreported design flaw.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. DOJ announced that 3M had agreed to pay $9.1 million in order to resolve claims that the company knowingly sold the Combat Arms Earplugs v2 to the U.S. military without admitting errors that declined the effectiveness of the hearing protection device. The lawsuit was initially placed in 2016 under the whistleblower provision of the False Claims Act which allows private parties to sue for the federal government when they believe that a defendant has submitted incorrect claims for government funds. In this case, the whistleblower was granted $1,911,000 for their part in the lawsuit.
Per 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. Specifically, the U.S. claimed that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for correct insertion into users’ ears and that the earplugs might loosen imperceptibly and then didn’t perform well for some people. It was additionally claimed that this design defect was known to 3M but wasn’t disclosed to the Department of Defense.
Injuries to Soldiers
If the claims about 3M are correct, thousands of personnel might have used fault prone earplugs that did not defend them as the product was supposed to. Based on the alleged design error, the plugs could loosen while inside the ear unknown to the soldier letting damaging sounds to make their way inside the ear. Dangerous sound levels can have serious and permanent effects which include partial or total hearing loss, or tinnitus, a ringing in the ears. Hearing damage is one of the most common issues suffered by active duty and former servicemen. Tinnitus, which might 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 looking for medical care for chronic tinnitus.
You Can be Entitled for Compensation
If you or a family member were provided Dual-Ended Combat Arms Earplugs during service in the military between 2003 and 2015, and have since experienced partial or total hearing loss or suffer from tinnitus, your case should be reviewed with the Meneo Law Group to explore all options available to you.
Hearing Damage From Ear Plug Usage
|
|
comments (0)
|
The Minnesota located 3M company made the Dual-Ended Combat Arms™ Earplugs that were employed by armed services personnel between 2003 to 2015 during fighting and training exercises in order to protect staff hearing from gunfire and explosions. Hearing issues are the most frequent issues suffered by veterans so hearing protection is a serious concern for U.S. soldiers. Based on different scenarios, the 3M Dual-Ended Combat Arms™ Earplugs were designed to provide two different amounts of protection. veteran hearing -ended plugs have a design that is very noticeable. As their name implies, they were made of of two outward facing earplugs, one green and one yellow.
When the yellow part was put inside the ear, this was called as Open Fire mode. This mode was created to offer normal hearing for top situational awareness. It would allow staff to communicate, accept commands and hear other important sounds on the battlefield whilst still providing defense from top level noises like gunfire and explosions. This would have been the desired mode in combat situations.
When the green part was placed inside the ear, this was referred to as Closed Protection mode. Constant Protection was created to stop all sounds more completely in order to offer complete defense. According to 3M, this mode is for high level sustained noise scenarios such as those in tracked vehicles and air support. This level might have also 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) were created for military use and used widely by thousands of personnel deployed to Afghanistan and Iraq between 2003 to 2015. The CAEV2 was made to let two separate protection settings, Open Fire mode and Constant Protection mode. The appropriate setting is determined by which part of the earplug is inserted inside the ear, yellow for Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is created to allow for hearing speech and communicating while maintaining protection from damaging sound levels from gunfire and explosions. The Constant Protection mode blocked all noise more fully which was useful for soldiers operating in track vehicles, in air support or while regular training. Both settings were claimed to block sounds up to a specific standard but in recent litigation, the government has claimed that neither mode of the ear plug met the Noise Reduction Rating (NRR) which 3M alleged due to an unreported manufacturing error.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. DOJ announced that 3M had agreed to pay $9.1 million to resolve allegations that the company knowingly sold the Combat Arms Earplugs v2 to the U.S. 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 permits private citizens to sue for the federal government whenever they believe that a defendant has submitted incorrect claims for government funds. In this case, the whistleblower was awarded $1,911,000 for their part in the lawsuit.
Per the Department of Justice press announcement, the settlement took care of allegations that 3M violated the False Claims Act by marketing or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States claimed 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 loosen imperceptibly and therefore didn’t work well for certain individuals. It’s additionally claimed that this design error was known to 3M but was not shared with the Department of Defense.
Harm to Soldiers
If the allegations about 3M are true, thousands of personnel might have used faulty earplugs that did not defend them as the product was supposed to. Based on the claimed design error, the plugs may loosen while in the ear unbeknownst to the soldier allowing damaging sounds to make their way into the ear. Harmful sound levels may 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 common afflictions suffered by active duty and former servicemen. Tinnitus, which might 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 searching for medical care for chronic tinnitus.
You Might be Eligible to Compensation
If you or a family member were given Dual-Ended Combat Arms Earplugs during service in the military between 2003 and 2015, and have since suffered partial or total hearing loss or suffer from tinnitus, your situation should be reviewed with the Meneo Law Group to explore all options available to you.
When the yellow part was put inside the ear, this was called as Open Fire mode. This mode was created to offer normal hearing for top situational awareness. It would allow staff to communicate, accept commands and hear other important sounds on the battlefield whilst still providing defense from top level noises like gunfire and explosions. This would have been the desired mode in combat situations.
When the green part was placed inside the ear, this was referred to as Closed Protection mode. Constant Protection was created to stop all sounds more completely in order to offer complete defense. According to 3M, this mode is for high level sustained noise scenarios such as those in tracked vehicles and air support. This level might have also 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) were created for military use and used widely by thousands of personnel deployed to Afghanistan and Iraq between 2003 to 2015. The CAEV2 was made to let two separate protection settings, Open Fire mode and Constant Protection mode. The appropriate setting is determined by which part of the earplug is inserted inside the ear, yellow for Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is created to allow for hearing speech and communicating while maintaining protection from damaging sound levels from gunfire and explosions. The Constant Protection mode blocked all noise more fully which was useful for soldiers operating in track vehicles, in air support or while regular training. Both settings were claimed to block sounds up to a specific standard but in recent litigation, the government has claimed that neither mode of the ear plug met the Noise Reduction Rating (NRR) which 3M alleged due to an unreported manufacturing error.
$9.1 million Settlement Between 3M and the U.S. Government
In July of 2018, the U.S. DOJ announced that 3M had agreed to pay $9.1 million to resolve allegations that the company knowingly sold the Combat Arms Earplugs v2 to the U.S. 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 permits private citizens to sue for the federal government whenever they believe that a defendant has submitted incorrect claims for government funds. In this case, the whistleblower was awarded $1,911,000 for their part in the lawsuit.
Per the Department of Justice press announcement, the settlement took care of allegations that 3M violated the False Claims Act by marketing or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States claimed 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 loosen imperceptibly and therefore didn’t work well for certain individuals. It’s additionally claimed that this design error was known to 3M but was not shared with the Department of Defense.
Harm to Soldiers
If the allegations about 3M are true, thousands of personnel might have used faulty earplugs that did not defend them as the product was supposed to. Based on the claimed design error, the plugs may loosen while in the ear unbeknownst to the soldier allowing damaging sounds to make their way into the ear. Harmful sound levels may 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 common afflictions suffered by active duty and former servicemen. Tinnitus, which might 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 searching for medical care for chronic tinnitus.
You Might be Eligible to Compensation
If you or a family member were given Dual-Ended Combat Arms Earplugs during service in the military between 2003 and 2015, and have since suffered partial or total hearing loss or suffer from tinnitus, your situation should be reviewed with the Meneo Law Group to explore all options available to you.
