3M Combat Arms Earplugs Version 2 (CAEv2), sold to the military from 1999 to 2015, are at the center of a lawsuit by service members and veterans. They allege hearing loss and tinnitus. 3M denies the claims.
The cases were consolidated in a federal multidistrict litigation (MDL) in Florida. Plaintiffs say a defective design let the earplugs loosen slightly. 3M agreed to a $6.0 billion settlement in August 2023.
In September 2025, the judge said no cases remained and recommended closing the MDL. Bellwether juries reached mixed verdicts along the way. Plaintiffs also allege 3M failed to warn them.
- Case or litigation name: In re 3M Combat Arms Earplug Products Liability Litigation (the 3M Combat Arms Earplug MDL)
- Defendants: 3M Company and Aearo Technologies
- Court and docket number, when available: U.S. District Court for the Northern District of Florida (Pensacola), multidistrict litigation overseen by Judge M. Casey Rodgers
- MDL number, judge, and case count, when an MDL exists: Judge M. Casey Rodgers; more than 390,000 cases; closure recommended September 19, 2025
- Filing date: Veteran lawsuits against 3M were being filed by December 2018
- Main allegations: Plaintiffs allege the earplugs had a defective design that let them loosen slightly, causing hearing loss and tinnitus, and that 3M failed to warn; 3M denies liability
- Products or people involved: 3M Combat Arms Earplugs Version 2 (CAEv2) used by U.S. service members and veterans
Latest 3M Earplug Hearing Loss Lawsuit Updates
September 19, 2025: Federal Judge Closes the Earplug MDL
Judge M. Casey Rodgers, the federal judge overseeing the Combat Arms Earplug MDL, said no cases remained. She recommended that it be closed, Bloomberg Law reported [1]. The MDL covered claims against 3M and Aearo Technologies.
December 26, 2023: 3M Makes First Settlement Payment
3M made a $250 million payment to the qualified settlement fund, the Associated Press reported [2]. The payment was expected to lead 25,000 to 30,000 claimants to dismiss their litigation.
3M later said it was accelerating a further $253 million payment for "wave" cases by January 31, after the August settlement agreement.
August 29, 2023: 3M Announces $6 Billion Settlement
In a release, 3M announced an agreement with court-appointed negotiating plaintiffs' counsel to resolve the Combat Arms Earplug litigation against Aearo Technologies and 3M [3].
The release says $6.0 billion will be paid between 2023 and 2029. The money is structured as $5.0 billion in cash and $1.0 billion in 3M common stock.
June 10, 2022: Judge Orders Mediation in the MDL
Judge Rodgers ordered 3M and the plaintiffs' attorneys to begin mediation, MedTruth reported [4]. She wrote that the MDL was at a "critical juncture."
The parties had to begin meeting by July 15. MedTruth said nearly 300,000 plaintiffs, mostly U.S. military veterans, were part of the MDL at that point.
June 18, 2021: Jury Awards $1.7 Million in Third Bellwether Trial
A federal jury in Pensacola, Florida awarded $1.7 million to veteran Lloyd Baker in the third bellwether trial, the Star Tribune reported [5].
The jury held 3M 62% liable and Baker 38% liable, so he would receive closer to $1.1 million. His claim was based on failure to warn.
What Is Tinnitus?
According to the National Institute on Deafness and Other Communication Disorders (NIDCD), tinnitus is the perception of sound with no external source, so other people cannot hear it [6].
It is often described as a ringing sound. Some people hear roaring or buzzing. Plaintiffs in the earplug litigation allege the earplugs caused it.
Who May Be Affected?
U.S. service members and veterans who used the dual-ended Combat Arms Earplugs Version 2 may be affected. The earplugs were sold to the military from 1999 to 2015. The litigation covers those who later developed hearing loss or tinnitus.
NIDCD says tinnitus is the most common service-related disability among veterans. It cites loud noise from gunfire, machinery, bomb blasts or similar sources.
The 2023 settlement covers all claims in the Florida MDL and a related Minnesota state court action, plus potential future claims.
Whether a person qualifies depends on service history, earplug use and diagnosis. Only an individual legal review can weigh those facts.
Reported Injuries or Damages
Plaintiffs say 3M made earplugs that were knowingly defective. They say the earplugs caused hearing loss and tinnitus in service members. These are allegations, not court findings.
A retired Army sergeant first class told NBC24 he has had tinnitus, or permanent ringing in the ears, for over a decade [7].
NIDCD says tinnitus is common, with surveys estimating that 10 to 25% of adults have it. The institute says the causes of tinnitus are unclear.
Evidence to Preserve
These records may help in a review of a hearing loss or tinnitus claim:
- Service records that show where you served and when you were issued earplugs.
- The earplugs themselves, plus any packaging or issue papers you still have.
- Hearing tests and audiograms from before, during and after your time in service.
- Any Department of Veterans Affairs decisions and ratings for hearing loss or tinnitus.
- Medical and audiology records that describe your diagnosis, treatment and doctor visits.
- Notes on when your symptoms began and how they have changed since then.
- Messages or papers about the earplugs from your unit or your supervisors.
Filing Deadlines
Filing deadlines come from state law. They depend on where you live and on when your hearing loss or tinnitus began and was diagnosed.
Missing a deadline can end a claim, even if your facts are strong. For that reason, check with a lawyer promptly.
Potential Compensation
Hearing loss cases may involve medical expenses, future care, lost earnings, pain and suffering and, in some cases, punitive damages.
In April 2021, a jury awarded $7.1 million, mostly punitive damages, to three Army veterans in the first bellwether trial.
WUSF reported that 98 percent of the claimants had to agree to join the settlement, or 3M could back out [8].
Compensation amounts vary by case. Past results do not guarantee future outcomes. Medical records and the diagnosis shape potential compensation in each case.
Frequently Asked Questions
Did 3M Pay $9.1 Million to Settle the Earplug Lawsuits?
No, 3M did not pay $9.1 million to settle the earplug lawsuits. The $9.1 million was a 2018 penalty in a separate government whistleblower suit. 3M denied all claims and did not admit liability.
Did 3M Admit Liability in the Earplug Settlement?
No, 3M did not admit liability in the earplug settlement. Its release says the deal is not an admission of liability. It also says the products are safe and effective when used properly.
How Often Did Juries Rule Against 3M in the Earplug Trials?
Juries ruled against 3M in most earplug trials but not all. MedTruth reported that 16 trials with 19 plaintiffs were held. Juries found 3M fully liable in nine cases, partly responsible in one and cleared it in six.
Who Made the 3M Combat Arms Earplugs?
Aearo Technologies made the 3M Combat Arms Earplugs. The Star Tribune reported that 3M became a giant in the military earplug market when it bought Aearo Technologies in 2008.
What Does the Research Say About Tinnitus?
The research from NIDCD says most people who have tinnitus have some degree of hearing loss. The institute lists noise exposure and hearing loss among the linked causes of tinnitus.
References
- https://news.bgov.com/product-liability-and-toxics-law/3m-closes-on-defective-earplug-litigation-spanning-390-000-cases
- https://www.scrippsnews.com/us-news/military/3m-begins-payments-to-service-members-in-6-billion-earplug-settlement
- https://news.3m.com/2023-08-29-3M-Announces-Combat-Arms-Settlement,1
- https://medtruth.com/articles/legal-developments/judge-orders-mediation-talks-in-3m-earplug-mdl/
- https://www.startribune.com/jury-rules-against-3m-in-third-trial-over-military-earplugs/600070452/
- https://www.nidcd.nih.gov/health/tinnitus
- https://nbc24.com/news/local/local-army-veteran-files-lawsuit-against-3m-for-faulty-combat-earplugs
- https://www.wusf.org/courts-law/2023-09-09/3m-has-agreed-to-pay-6-billion-over-faulty-earplugs-now-plaintiffs-must-decide-whether-to-accept