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If you were in the U.S. military between 2003 and 2015, you may be eligible to file a 3M military defective earplug lawsuit. At particular risk for full or partial hearing loss from the 3M military defective earplugs are veterans who were exposed to continuous high-level sound.
Examples include veterans who served as pilots, infantry, aircraft support personnel, mechanics or engineers, and artillery.
Criteria for Filing a 3M Defective Military Earplug Lawsuit
Veterans who were in the U.S. military between 2003 and 2015 and meet the following criteria may be eligible to file a 3M military defective earplug lawsuit:
- You used the 3M Dual-Ended Combat Arms Earplugs during your military service; AND
- You suffered an injury because of it, e.g., a diagnosis from a doctor for some type of hearing loss or a related problem, such as tinnitus. (A rating from the U.S. Department of Veterans Affairs for hearing loss could also help establish your case.)
Civilians who were issued the Combat Arms Earplugs, used them, and suffered permanent hearing damage due to the faulty earplugs may also be eligible to file a 3M earplug lawsuit.
A member of our team can help you determine if you meet the criteria for the lawsuit.
Why Didn’t 3M Earplugs Work?
The complaints claim that 3M’s earplugs, designed to protect soldiers’ hearing while letting them hear combat sounds, were poorly made and let in too much noise.
During training and combat, service members are routinely subjected to noise levels exceeding the safe limit by several decibels. Earplugs were issued to service members to protect their hearing from these dangerous levels.
The dual-ended 3M Combat Arms earplugs fell short and resulted in hearing injuries, complete hearing loss, or severe hearing loss for active-duty service members and other military personnel.
The Manufacturer Knew About The Flaws In Their Products
The manufacturer fabricated test data and failed to include adequate instructions for utilizing the earplugs, in addition to the flawed design.
This controversy surrounds the model of 3M’s Combat Arms Earplugs, also called CAEv2 earplugs. 3M paid $1.2 billion to acquire the earplug maker Aearo Technologies, Inc. in 2007.
The 3m Earplug lawsuits claim that the earplug manufacturer had knowledge of the earplugs’ design flaws as early as the year 2000 but that the flaws weren’t widely known about until a whistleblower complaint was filed in 2016.
Multi-District Litigation Is Currently Underway
Hundreds of thousands of service men and women have suffered permanent hearing loss and tinnitus due to the 3M company allegedly knowingly selling defective earplugs to the United States military. All these hearing loss claims have now been consolidated into one large multi-district litigation (MDL) process that is designed to streamline the entire court system for such cases.
This MDL has quickly become the largest one in U.S. history, and trials for it have already begun with potential settlements at hand. It can seem daunting to file a claim against a large manufacturer, but a product liability lawyer can make the process of seeking compensation for your earplug injuries much easier.
How the Transfer Order to MDL Affects Your Case
Although many pending lawsuits were already transferred to a Multidistrict Litigation (MDL) in the Northern District Court of Florida, law firms nationwide are actively adding claimants to the MDL.
MDL rules specify that a lawyer need not be licensed to practice law in the Northern District of Florida to represent you in this case, despite the fact that this is where the cases are being judged.
Rather, your earplug lawyer can complete a modified pro hac vice application that will admit him to practice. They will be granted temporary admission “for this occasion only.”
Is the 3M Military Earplug Lawsuit Legitimate?
Many service members who call us are wary about the 3M earplug lawsuits, wondering if they are legitimate. Yes, the lawsuits are real. There are thousands of claims in Multidistrict Litigation.
While no lawyer can guarantee a successful recovery, there is no cost or risk associated when you file a 3M military defective earplugs lawsuit. Furthermore, the majority of claimants will have little to no effort in submitting their claims.
There is no money to pay out of pocket, and no scam is involved when you contact a product liability law firm like Zanes Law.
When Might I See a Payout?
Given the many factors that affect when a lawsuit settles, predicting when 3M lawsuits will settle is not possible. Settlement discussions between 3M and the plaintiffs occurred in 2022 but did not come to fruition.
Primarily, this is because it depends largely on 3M’s willingness to consider fair settlement amounts — amounts that could be decided by their success in court proceedings. Juries have ruled heavily against 3M in the bulk of the early cases that have gone to trial.
In a promising development, recent legal actions by 3M to avoid financial responsibility in hearing loss lawsuits have been blocked by the courts. It’s important for those who are involved in a lawsuit against 3M to remain patient and stay informed of any new developments throughout the legal process.
Recoverable Damages in Your Lawsuit
Although the 3M defective military earplug lawsuits have been consolidated due to the similarities of their questions of fact, the court will decide each case individually.
While every case is different, you may find that you will recover some or all of the following types of compensation in your lawsuit against 3M:
- Doctors’ and surgeons’ fees
- Prescription medicines
- Hearing aid costs
- Lost wages
- Lost benefits
- Diminished future wages
- Pain and suffering
- Mental anguish
- Diminished enjoyment of life
- Loss of consortium
What Plaintiffs in the 3M Defective Earplugs Lawsuit Are Claiming
Plaintiffs in the 3M defective earplugs lawsuit are claiming several things:
- 3M knew of the defect when it sold the earplugs
- 3M hid the defect when it sold the earplugs
- 3M failed to tell users that rolling back the flange on the earplugs was required in order for the earplugs to work. In the instructions, this requirement appeared only as a tip
- The design defect in the earplugs resulted in a failure to filter sound as advertised and left service members and military veterans with hearing loss and tinnitus
A 3M Defective Earplug Lawsuit Lawyer Can Help You Determine if You Qualify
You may be able to make a claim against 3M for a defective earplug or join the ongoing MDL if you developed hearing loss or tinnitus after serving between 2003 and 2015.
Remember, you may also qualify if you used these defective combat earplugs as a civilian. A product liability lawyer at Zanes Law can work to recover financial compensation for the damages you have suffered as a result of this disability. Contact us today to learn how we can help.