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If you or a loved one experienced hearing loss or tinnitus following use of 3M Combat Arms Earplugs during military service, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping veterans who have suffered due to defective earplugs. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
3M Earplug Lawsuit Overview
The 3M Combat Arms Earplugs lawsuits center on allegations that the manufacturer knowingly sold defective hearing protection devices to the U.S. military.
These dual-ended earplugs were designed to provide hearing protection for military service members but were reportedly too short to properly fit in the ear canal, allowing dangerous levels of sound to enter.
The Department of Defense (DOD) issued these earplugs to thousands of servicemembers between 2003 and 2015, potentially exposing them to hearing damage.
Latest 3M Earplug Lawsuit Updates
- August 29, 2022 – 3M has agreed to pay $1.24 billion to resolve the Combat Arms Earplug lawsuits after a bankruptcy judge ruled that the company couldn't use a subsidiary bankruptcy to address the earplug litigation.
- July 26, 2022 – 3M attempted to place its Aearo Technologies subsidiary into bankruptcy to resolve the earplug lawsuits, but this strategy was ultimately unsuccessful.
- May 16, 2022 – After losing 10 of 16 bellwether trials, 3M faced over $265 million in combined jury verdicts to veterans who claimed hearing damage from the defective earplugs.
- January 27, 2022 – A federal jury awarded $110 million to two Army veterans who suffered hearing damage, the largest verdict in the multidistrict litigation at that time.
FDA Reports and Statistics
According to the FDA's MAUDE (Manufacturer and User Facility Device Experience) database and Veterans Affairs (VA) reports:
- Over 290,000 veterans receive disability benefits for hearing loss annually
- More than 1.3 million veterans receive compensation for tinnitus
- The VA spends over $1 billion per year treating hearing problems
- Approximately 2.7 million veterans currently receive disability compensation for hearing-related issues
- The 3M Combat Arms Earplugs were distributed to nearly every deployed service member between 2003-2015
- More than 230,000 lawsuits were filed against 3M, making it one of the largest mass torts in American history
3M Earplug Injuries & Side Effects
Veterans who used the 3M Combat Arms Earplugs during service have reported a range of hearing-related injuries:
- Hearing Loss: Partial or complete loss of hearing ability
- Tinnitus: Persistent ringing, buzzing, or whistling in the ears
- Auditory Processing Disorder: Difficulty processing or interpreting sounds
- Speech Recognition Issues: Problems understanding speech, especially in noisy environments
- Balance Problems: Vertigo or dizziness related to inner ear damage
- Hyperacusis: Increased sensitivity to everyday sounds
Related Article: 3M Earplug Lawsuit Update
Do You Qualify for a 3M Earplug Lawsuit?
You may qualify for a 3M Combat Arms Earplug lawsuit if:
- You served in the U.S. military between 2003 and 2015
- You were issued and used 3M Combat Arms Earplugs (Version 2) during your service
- You have been diagnosed with hearing loss, tinnitus, or other hearing-related injuries
- Your medical records document your hearing condition
- You can establish a connection between your military service, earplug use, and hearing damage
Evidence Required for a 3M Earplug Lawsuit
To strengthen your case, you should gather:
- Military service records showing dates of service
- Documentation confirming you were issued 3M Combat Arms Earplugs
- Medical records showing diagnosis of hearing damage or tinnitus
- VA disability ratings related to hearing conditions
- Audiograms or other hearing test results
- Statements describing how your hearing damage affects daily life
Damages You Can Recover
Compensation in 3M earplug lawsuits may include:
- Medical expenses for past and future treatments
- Lost wages and reduced earning capacity
- Pain and suffering related to hearing damage
- Loss of quality of life
- Costs of hearing aids and assistive devices
- VA disability benefits do not prevent you from seeking additional compensation
3M Earplug Recall Information
While there was never an official recall of 3M Combat Arms Earplugs, the company discontinued the product in 2015. Key information about the product discontinuation includes:
- The dual-ended Combat Arms Earplugs (CAEv2) were manufactured by Aearo Technologies before 3M acquired the company in 2008
- 3M continued to supply these earplugs to the military until 2015
- In 2016, a whistleblower lawsuit revealed that 3M knew about design flaws but falsified test results
- In 2018, 3M paid $9.1 million to resolve allegations they knowingly sold defective earplugs to the military
- Despite settling with the government, 3M did not admit liability or issue a formal recall
- Veterans Affairs (VA) has acknowledged the connection between these earplugs and service-related hearing damage
Statute of Limitations for 3M Earplug Lawsuits
Time limits for filing a 3M Combat Arms Earplug lawsuit vary by state and situation:
- Most states have a 2-4 year statute of limitations for product liability claims
- For military personnel, the statute may be "tolled" (paused) during active duty service
- The clock typically starts when you discover or should have discovered your injury and its connection to the defective earplugs
- Some veterans may still qualify even if they discovered their hearing damage years ago
- Consulting with an attorney promptly is crucial to determine your specific deadline
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FAQs
1. What compensation can I receive from a 3M earplug lawsuit?
Compensation may include medical expenses, lost wages, pain and suffering, and potentially punitive damages. Settlement amounts have varied widely, with jury verdicts ranging from $1.7 million to $110 million for individual plaintiffs. Your specific compensation will depend on the severity of your hearing damage, impact on quality of life, and other individual factors.
2. What evidence do I need to support my claim?
You need your military service records, medical records documenting hearing loss or tinnitus, proof of earplug use during service, and VA disability ratings if applicable. Medical opinions linking your hearing damage to defective earplugs will strengthen your case, as will documentation of how your hearing issues impact daily functioning.
3. Can family members of deceased veterans file a 3M earplug lawsuit?
Yes, family members or estate representatives of deceased veterans with different-than-hearing loss or tinnitus claims for damages may be able to file wrongful death claims in certain circumstances. The legal process and compensation may vary depending on state laws and case specifics.
4. Can family members or spouses file a separate claim of their own?
In some states, family members may file what's called a "loss of consortium" claim for how the veteran's hearing issues have impacted their relationship and family life. These claims typically must be filed alongside the primary lawsuit and may provide additional compensation for spouses or dependents.
5. What to do if I've been injured by 3M Earplugs?
Take the following steps if you experienced hearing loss, tinnitus, or have evidence after wearing 3M Combat Arms Earplugs in the military (between 2003 and 2015):
- Get a formal hearing test and medical evaluation documenting your condition
- Obtain your military service records showing when and where you served
- Contact a VA disability application specialist or service officer to help file for compensation
- File your VA disability claim with all necessary documentation
- Consult an experienced attorney to discuss your legal options
6. I have VA benefits - does this prevent me from filing a lawsuit?
No, receiving VA disability benefits does not prevent you from pursuing a separate lawsuit against 3M. You have preserved your legal right even while receiving benefits. The amount you receive from a lawsuit settlement would generally not affect your continuing VA benefits.
7. Can Veterans Who Already Claim VA Disability File an Earplug Lawsuit Against 3M?
Yes, if you've already been receiving disability benefits from the Department of Veterans Affairs (VA) for hearing loss or tinnitus, you may still be entitled to file a lawsuit against 3M for their defective earplugs. Your VA benefits are separate from any potential settlement or damages received from a personal injury lawsuit.
Get A Free Arizona 3M Earplug Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action. Most states have statutes of limitations of only 2-4 years from the date you discovered your hearing injury was connected to defective earplugs.
Our legal team specializes in representing military veterans in these complex cases. We offer:
- Free, confidential consultations to evaluate your claim
- No upfront costs or fees throughout your case
- Payment only if we win your case and secure compensation
- Extensive experience handling 3M Combat Arms Earplug cases nationwide
Don't wait until it's too late to pursue the compensation you deserve for your service-related hearing injuries.