The Minneapolis based 3M company manufactured the Dual-Ended Combat Arms™ Earplugs that were employed by military staff between 2003 to 2015 during combat and training exercises to guard staff hearing from gunfire and explosions. Hearing issues are the most frequent issues suffered by veterans so ear defense is a serious concern for U.S. soldiers. Based on different scenarios, the 3M Dual-Ended Combat Arms™ Earplugs were designed to provide two different levels of protection. The dual-ended earplugs have a design that is easily noticeable. As their name suggests, they consisted of two outward facing earplugs, one green and one yellow.
When the yellow end was inserted into the ear, this was recognized as Open Fire mode. This mode was designed to provide normal hearing for top situational awareness. It would allow staff to communicate, receive commands and hear other important sounds on the combat field whilst still providing defense from peak level sounds such as 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 block all noise more thoroughly in order to offer full protection. Per 3M, this mode is for high level steady sound scenarios like those in tracked vehicles and air support. This mode may have also been used in several 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 designed for military usage and used broadly by thousands of personnel sent to Afghanistan and Iraq between 2003 to 2015. The CAEV2 was made to allow for two separate protection settings, Open Fire mode and Constant Protection mode. The appropriate level is determined by which part of the earplug is placed into the ear, yellow means Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode was created to allow for hearing speech and communicating yet still protecting against damaging noise levels from gunfire and explosions. The Constant Protection mode blocked all noise more fully that was useful for staff operating in track vehicles, in air support or while regular training. Each settings were purported to stop sounds up to a certain level but in current litigation, the government has alleged that neither mode of the ear plug complied with the Noise Reduction Rating (NRR) that 3M alleged because of an unreported design error.
$9.1 million Settlement Between 3M and the U.S. earplug lawsuit In July of 2018, the U.S. DOJ reported that 3M had agreed to pay $9.1 million in order to resolve allegations that the company knowingly sold the Combat Arms Earplugs v2 to the American military without disclosing errors that hampered the effectiveness of the hearing defense device. The lawsuit was originally placed in 2016 under the whistleblower part of the False Claims Act that allows private citizens to sue on behalf of the federal government when they believe that a defendant has made incorrect claims for government funds. In this case, the whistleblower was granted $1,911,000 for their part in the lawsuit.
Per the Department of Justice press announcement, the settlement resolved claims that 3M violated the False Claims Act by marketing or causing to be sold defective earplugs to the Defense Logistics Agency. More specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for proper insertion into users’ ears and that the plugs might loosen slightly and then didn’t work well for some people. It was also claimed that this design defect was known to 3M but was not disclosed to the Department of Defense.
Harm to Personnel If the claims about 3M are correct, thousands of personnel could have used faulty earplugs that did not defend them as the product was intended to. Based on the alleged design flaw, the earplugs may come loose while inside the ear unbeknownst to the soldier allowing damaging sounds to find their way inside the ear. Dangerous sound levels may have serious and lasting effects including partial or total hearing loss, or tinnitus, a ringing in the ears. Hearing loss is one of the most frequent issues suffered by active duty and former service personnel. Tinnitus, which can 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 veterans needing medical care for chronic tinnitus.
You Could be Entitled for Compensation If you or a family member were provided Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since suffered partial or total hearing damage or suffer from tinnitus, your scenario should be discussed with the Meneo Law Group to explore every option available to you.
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