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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.
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