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Hearing Damage From Ear Plug Usage

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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.

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