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Hearing Damage Related to Ear Plug Usage
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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.
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