The Minnesota headquartered 3M company manufactured the Dual-Ended Combat Arms™ Earplugs that were employed by military staff from the years 2003 to 2015 during fighting and training exercises to protect soldier hearing from gunfire and explosions. Hearing problems are one of the most common issues suffered by veterans so ear defense is a major concern for U.S. soldiers. Based on combat earplugs , the 3M Dual-Ended Combat Arms™ Earplugs were designed to offer 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 plugs, one green and one yellow.
When the yellow part was inserted inside the ear, this is called as Open Fire mode. This mode was designed to provide normal hearing for peak situational alertness. It would allow staff to communicate, receive commands and listen to other important noises on the battlefield whilst continuing to provide defense from peak level noises like gunfire and explosions. This could have been the desired level in combat situations.
When the green part was placed inside the ear, this was referred to as Constant Protection mode. Constant Protection was created to stop all sounds more completely in order to offer full protection. Per 3M, this mode is for high-level steady noise scenarios like those in tracked vehicles and air support. This mode could have also been used in many standard training exercises and environments as well. Claimed Hearing Issues Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) that were created for military use and used broadly by thousands of personnel deployed to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was made to let two different protection modes, Open Fire mode and Constant Protection mode. The applicable level is determined by which part of the earplug is inserted inside the ear, yellow for Weapons Fire mode, green means Constant Protection mode. Weapons Fire mode was designed to allow for hearing speech and communicating yet still protecting from damaging sound levels from gunfire and explosions. The Constant Protection mode blocked all noise more fully that was useful for soldiers operating in track vehicles, in air support or while regular training. Each settings were purported to block noise up to a specific standard but in current litigation, the government has claimed that neither mode of the ear plug met the Noise Reduction Rating (NRR) that 3M alleged because of a non-reported design error.
$9.1 million Settlement Between 3M and the U.S. Government During July of 2018, the U.S. DOJ announced that 3M had agreed to pay $9.1 million to resolve allegations that the company knowingly sold the Combat Arms Earplugs v2 to the American military without admitting defects that declined the effectiveness of the hearing protection device. The lawsuit was originally placed in 2016 under the whistleblower part of the False Claims Act that permits private citizens to sue for the federal government when they believe that a defendant has made false claims for government funds. In this issue, the whistleblower was granted $1,911,000 for their part in the lawsuit.
According to the DOJ press announcement, the settlement resolved claims that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for correct insertion into users’ ears and that the earplugs could come loose imperceptibly and therefore did not work well for certain individuals. It’s additionally alleged that this design error was known to 3M but was not shared with the Department of Defense.
Harm to Personnel If the claims about 3M are correct, many personnel could have used fault prone plugs that did not protect them as the equipment was intended to. Based on the alleged design flaw, the earplugs could loosen while in the ear unbeknownst to the soldier allowing damaging noise to make their way inside the ear. Dangerous noise levels can have serious and permanent effects which include partial or total hearing loss, or tinnitus, a buzzing inside the ears. Hearing loss is one of the most common issues suffered by active duty and former servicemen. Tinnitus, which may be debilitating, is just as prevalent. According to a research scientist with the VA Portland Healthcare System, last year there were over 1.6 million service personnel searching for medical care for chronic tinnitus.
You May be Entitled for Compensation If you or a family member were given Dual-Ended Combat Arms Earplugs during service in the military between 2003 and 2015, and have since suffered partial or total hearing loss or suffer from tinnitus, your situation should be reviewed with the Meneo Law Group to explore all options available to you.
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