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3M Earplugs

In July 2018, the Department of Justice announced that 3M Company had agreed to pay $9.1 million to resolve allegations that it knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the United States military without disclosing defects that hampered the effectiveness of the hearing protection devices. The now-discontinued dual-ended Combat Arms Earplugs were standard-issued equipment for Afghanistan and Iraq soldiers serving between 2002 and 2015.

Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 earplugs were too short for proper insertion into users’ ears and that the plugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military.

You may qualify for compensation due to your use of Dual-Ended Combat Arms Earplugs (CAEv2), manufactured by 3M and issued to Veterans exposed to loud environments, including those deployed to Afghanistan and Iraq, between 2003 and 2015.

U.S. veterans have filed at least 11 lawsuits this month — including four in Minnesota — accusing 3M of knowingly selling thousands of defective earplugs to the military for use in combat missions in Iraq and Afghanistan or training exercises in the United States.

3M, without admitting guilt, agreed six months ago to pay military branches $9.1 million to settle the government’s allegations that the Maplewood-based company supplied defective earplugs, the Department of Justice said at the time.

The soldiers who filed the lawsuits said they now suffer permanent hearing loss or tinnitus as a result of 3M’s defective products.

The lawsuits allege that the first defect was discovered in 2000 but that Aearo falsified test results so the products continued to be sold to the military for more than a decade.

The Combat earplugs were advertised as being dual-ended, meaning if you inserted one end in the ears you blocked out all noise. But if you inserted the other end, instead, you were protected from loud blasts but could still hear commands, conversations and certain noises.

The lawsuits allege that the earplugs not only had a flange that loosened but also was not long enough to fully protect the ear from loud noises such as explosions, shelling and other gunfire.

The lawsuits claim that many service members suffered permanent hearing loss, tinnitus and sometimes pain as a result and must now wear hearing aids and receive regular medical treatments by the U.S. Department of Veterans Affairs physicians.

Several plaintiffs have asked the U.S. District Court in Minneapolis to grant a “multidistrict litigation” (MDL) pretrial review of the cases. If that request is granted, one case would be selected as the bellwether case that would be reviewed during one trial. The outcome of that trial would then establish basic protocols for how the remaining lawsuits would be handled.

Claims that the 3M/Aearo earplugs were defective first surfaced during a sealed 2016 federal whistleblower lawsuit filed against 3M by the competing earplug maker Moldex-Metric Inc. Those claims resulted in the $9.1 million settlement last summer.

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The jury found that the manufacturer failed to properly warn Risperdal could cause gynecomastia, which is the abnormal development of large mammary glands in males. Moreover, the jury also determined that the company “intentionally falsified, destroyed, or concealed records” that Risperdal could cause boys to develop breasts.

WHAT IS TINNITUS?

Tinnitus involves the sensation of hearing sound when no external sound is present. Tinnitus symptoms may include these types of phantom noises in your ears:

  • Ringing
  • Buzzing
  • Roaring
  • Clicking
  • Hissing
  • Humming

The phantom noise may vary in pitch from a low roar to a high squeal, and you may hear it in one or both ears. In some cases, the sound can be so loud it can interfere with your ability to concentrate or hear an external sound. Tinnitus may be present all the time, or it may come and go.

There are two kinds of tinnitus.

Subjective tinnitus is tinnitus only you can hear. This is the most common type of tinnitus. It can be caused by ear problems in your outer, middle or inner ear. It can also be caused by problems with the hearing (auditory) nerves or the part of your brain that interprets nerve signals as sound (auditory pathways).

Objective tinnitus is tinnitus your doctor can hear when he or she does an examination. This rare type of tinnitus may be caused by a blood vessel problem, a middle ear bone condition or muscle contractions.

About the Author

George Martin
George Martin writes about the legal community and the business of law, including law firm pending investigations and active cases. Email him at info@leglactionnews.com and find him on Twitter @LegalActionNews.
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