Between 2003 and 2015, it is believed that the U.S. military purchased at least one pair of “Combat Arms” earplugs for every serviceman and servicewoman sent abroad for foreign deployment.  Manufactured by a subsidiary of one of the world’s largest corporations, the 3M Company of Minnetonka, Minnesota, these earplugs were furnished to this nation’s fighting men and women for the ostensible purpose of protecting their hearing from the loud and often concussive sounds experienced during combat and training.  However, veterans who were equipped with these devices now report that they experience a multitude of hearing issues which they believe stem from the defective design of the 3M Combat Arms earplugs.   

What Made the 3M Combat Arms Earplugs Unique?

Originally designed by Aearo Technologies, which was later acquired by 3M in 2008 for $1.8 billion, the Combat Arms earplugs were the focus of what government purchasing specialists refer to as an “Indefinite Quantity Contract” or “ICQ” which made 3M the exclusive supplier for these types of earplugs for the U.S. military between 2003 and 2012.  What makes the Combat Arms earplugs unique or special from other types of “selective attenuation” devices goes to the heart of why so many were purchased for service members.

The 3M Combat Arms earplugs were designed to provide soldiers with two different options for reducing excessive noise depending upon how they are worn.  Each set of plugs came from the manufacturer with an “olive” and a “yellow” end.  If the plugs were worn with the olive end in the ear (also referred to as the “closed” or “blocked” position), the earplugs were supposed to function as a traditional earplug and block as much sound as possible.  If the earplugs were worn with the yellow end in the ear (the “open” or “unblocked” position), they were supposed to reduce loud impulse sounds, such as battlefield explosions and artillery fire, while allowing the wearer to hear quieter noises such as commands spoken by fellow soldiers and approaching enemy combatants.

What Are Veterans Claiming About 3M and its Combat Arms Earplugs?

Defective Design

In pleadings submitted to courts across the United States, veterans who were issued 3M Combat Arms earplugs give a consistent narrative concerning their own experiences with hearing loss and suffering with tinnitus.  They believe a design defect is to blame.  In particular, they claim that if the earplugs are inserted in accordance with the 3M company’s own standard fitting instructions, that the flange on the non-inserted side of the device will revert to its original shape and loosen the seal in the ear canal – thereby causing the wearer to experience less protection.  Furthermore, because the design is symmetrical – they claim that the reduction in noise suppression will occur no matter which side is inserted into the ear.

Aearo and 3M Knew the Combat Arms Earplugs Were Defective

Veterans’ claims about Combat Arms earplugs do not stop at the water’s edge of a manufacturer producing a defective device.  In fact, veterans claim that both Aearo and 3M knew that the earplugs they were sending along with our fighting men and women into combat were defective and actively withheld this information.  

Specifically, allegations in court claim that employees from 3M/Aearo began testing the Combat Arms earplugs in January 2000 at the company’s own laboratory (as opposed to outside and impartial laboratory).  They assert that 3M/Aearo employees knew from their own testing about the flange insertion issues and that because of them the earplugs would never meet the protection standards required and proffered by the company.  When 3M/Aearo went back and re-tested the earplugs using a “modified” fitting procedure that required servicemen and women to fold back the flanges on the open end prior to insertion, they found that the earplugs functioned nominally.  However, veterans assert that 3M/Aearo never properly warned either the military or service members that the only way to get the earplugs to function was to engage in the modified fitting process.

Injuries – Hearing Loss and Tinnitus 

Hearing damage is a serious issue for U.S. military veterans.  More than 1.7 million veterans receive compensation for tinnitus and more than 1.1 million get it for hearing loss.  According to the U.S. Department of Defense, combat veterans are sometimes exposed to sounds from rocket-propelled weapons, firearms, and explosions which can top 150 decibels – well above the 86 decibel threshold for hearing loss.  As a consequence, veterans are 30% more likely than those who have never served to suffer severe hearing impairment – in particular those who served after September 11, 2001.

Regrettably, it comes as no surprise then that veterans who were equipped with the 3M Combat Arms earplugs now complain of substantial hearing loss and tinnitus.  For some veterans, incessant ringing in the ears requires noise-canceling equipment that deadens their ability to hear conversations.  Other veterans report that they are unable to sleep are tormented by sounds as common as that of a crying baby.

Holding 3M Accountable

Whistleblower Lawsuit and Settlement with U.S. Government

In July 2018, 3M agreed to settle a whistleblower claim brought under the False Claims Act by a competitor in U.S. ex rel. Moldex-Metric, Inc. vs. 3M Co.  The allegations in that suit focused on the false statements 3M and Aearon made to the U.S. Government concerning the defective nature of the earplugs.  However, as part of the settlement, 3M made no admission as to its liability or wrongdoing.

Multi-District Litigation

In April 2019, lawsuits filed by suffering veterans from across the country were consolidated into a process known as “Multi-District Litigation” or MDL.  Because these cases share a common basis in claims and allegations, litigation will be managed by Judge M. Casey Rogers in a single courtroom in the Northern federal district of Florida.  

The first three trials involving 3M’s Combat Arms earplugs under the consolidated MDL took place in Pensacola.  They resulted in at least two jury verdicts in favor of injured veterans with damages totaling $8.8 million.  One of the three resulted in a jury verdict in favor of 3M.  The most recent bellwether case (the fourth) returned a jury verdict in favor of the injured veteran for $8.2 million.  

The federal judge overseeing the 3M Combat Arms MDL has authorized an additional four bellwether trials to take place through the beginning of 2022.