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Hearing Damage From Ear Plug Usage
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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.
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