John Plahovinsak
On August 29, 2023, over 230,000 veterans received word that the 3M Company agreed to pay $6.01 billion to settle lawsuits. The lawsuits focused on Combat Arms earplugs which were utilized by the military in training and combat in both Iraq and Afghanistan.
Aero Technologies Incorporated, and parent 3M Company, manufactured and supplied the military with Combat Arms earplugs to protect against loud sounds associated with training and combat.
They were the standard military issue to all soldiers stationed in Iraq and Afghanistan. These earplugs were supplied from 2003 to 2015, when the production of them stopped.
A whistleblower lawsuit was filed in 2016 against 3M claiming that they had been selling defective earplugs knowing that they did not meet the standard for protection required by the government.
The whistleblower lawsuit contended that the defective earplugs were likely responsible for significant hearing loss and tinnitus experienced by thousands of soldiers.
The 3M Company agreed to pay $9.1 million to the Department of Justice to resolve the allegations against the Company without admitting liability.
Once the settlement with the Department of Justice was revealed in 2018, individual soldiers began filing lawsuits against 3M stating they wore the defective earplugs.
Their claims stated that the 3M Company hid design flaws, fudged test results, and failed to provide specific instructions for proper use of the earplugs. This led to hearing loss/damage such as ringing or other noise in the ear.
According to the Department of Veterans Affairs (VA), hearing problems are the Number One service-related disability among American veterans.
As of 2020, over 1.3 million disabled veterans were receiving disability compensation for hearing loss and more than 2.3 million veterans were receiving compensation for tinnitus.
Over 85,000 active-duty military were tested by a study in 2019. The Study found that tinnitus rates increased significantly. The Study estimated that in 2001 about 1.8 of every active-duty service member experienced tinnitus. By 2015, that number had grown to 6.8 out of every 1,000 active-duty service members.
From 2018 to 2019, over 230,000 similar-type lawsuits were filed by military personnel.
These filings caused a Florida District Court to initiate a type of legal procedure called Multi-District Litigation (MDL). The purpose of the MDL is to make the legal process more efficient and consistent. The 3M earplug MDL is the largest in the history of the United States.
An advantage of an MDL settlement over a class action settlement is that each MDL plaintiff will receive a portion of the settlement proceeds that is based on individual circumstances.
The allegedly defective 3M earplugs were the result of a collaboration between U.S. military representatives and Aearo in the late 1990s before 3M acquired the company. The result was the second version of the Combat Arms Earplug (CAEv2).
CAEv2 were dual-ended earplugs. If they were worn one-way, they were to block out sound like traditional earplugs. If the earplugs were worn in reverse, they blocked only certain types of loud battlefield noise while allowing the wearer to hear softer, closer sounds. This eliminated the soldier from carrying two sets of earplugs.
According to the filed lawsuits, the alleged problem with the CAEv2 earplugs was that they were too short in a particular wearer’s ear canal and failed to form the proper seal to effectively protect the inner ear from the damaging noise.
The 3M Company tried several legal maneuvers to avoid any direct liability or damages. In December of 2022, Judge Casey Rogers, who was hearing the MDL, imposed sanctions against them for their “brazen abuse of the litigation process.”
As of January 2023, the 3M Company admitted it had spent $466 million on attorney’s fees fighting the case.
Veterans can participate in an MDL lawsuit without incurring any “upfront” expenses. The attorneys are paid out of the settlement.
There are time limits that affect the ability to file a claim against 3M, but there are some circumstances that may apply in this case to extend the amount of time a person can still file a claim.
It is a good idea to contact an attorney to find out about your specific situation. Each case is different and it is important to get personal legal advice for your situation.
My Opinion: I do not have a law degree; therefore, I cannot provide any legal advice, consultation or guidance.
If veterans believe that the earplugs worn between 2001 to 2015 were defective and have caused hearing loss, they should contact their County Veterans Service Commission, a veteran service organization or a law firm for free legal consultation, advice or guidance.
BioSketch: John Plahovinsak is a 32-year retired Army veteran, who served from 1967 to 1999. He is the current Disabled American Veterans (DAV) Department of Ohio Hospital Chairman and Adjutant of DAV Chapter #63 (Clermont County). He can be contacted at: plahovinsak@msn.com.