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3M Combat Arms Earplugs Lawsuit Overview
The 3M Combat Arms Earplugs lawsuits center on dual-ended earplugs that were standard issue to U.S. military personnel between 2003 and 2015.
Plaintiffs allege that 3M knowingly sold defective earplugs that would gradually loosen in the ear canal without users noticing, exposing servicemembers to damaging noise levels.
According to court documents, 3M was aware of design flaws as early as 2000 but continued to sell the product to the military [1].
In 2018, 3M settled a whistleblower lawsuit with the U.S. government for $9.1 million, but this settlement did not compensate individual veterans.
To date, over 300,000 veterans have filed lawsuits against 3M, making this the largest mass tort in American history.
Related Article: 3M Hearing Protection Lawsuit
Latest 3M Combat Arms Earplugs Lawsuit Updates
March 15, 2025: 3M announced an additional $250 million to supplement its earlier settlement agreement, bringing the total compensation fund to $6.25 billion for veterans with hearing damage.
This expansion comes after higher-than-expected claim filings and will provide increased payouts to qualifying veterans with documented hearing damage [2].
January 10, 2025: A federal judge approved the final distribution plan for the 3M earplug settlement, establishing a tiered compensation system based on severity of hearing loss, length of service, and documentation of earplug usage.
Payouts are expected to begin in April 2025, with average compensation estimates ranging from $25,000 to $300,000 per claimant.
October 3, 2024: The Judicial Panel on Multidistrict Litigation reported that approximately 85% of eligible veterans have registered for the settlement program, with the remaining claimants having until December 31, 2024, to submit their documentation or opt out and pursue individual litigation.
How are 3M Combat Arms Earplugs Defective?
3M dual-ended Combat Arms Earplugs Version 2 (caev2) were designed to be worn in 2 ways.
When worn in the "open" position, the earplugs were intended to protect users from loud noises of combat such as gunshots, explosions, and heavy machinery, while still allowing the wearer to hear quieter noises, such as conversations and orders from commanding officers.
When worn in the "closed" position, the 3M Combat Arms Earplugs were intended to block out all noise.
Unfortunately, there was a problem with the design of the earplugs. They would gradually become loose without the user realizing it.
This left troops exposed to loud noises, eventually causing many veterans to develop irreversible hearing loss and tinnitus.
FDA Reports and Statistics
While military equipment like combat earplugs falls under Department of Defense rather than FDA oversight, important statistics regarding the 3M Combat Arms Earplugs litigation and military hearing damage include:
- More than 300,000 veterans have filed lawsuits related to the defective 3M Combat Arms Earplugs.
- The Department of Veterans Affairs reports that hearing problems, including tinnitus and hearing loss, are the most common service-connected disabilities among veterans.
- Over 2.7 million veterans currently receive disability compensation for hearing-related injuries.
- The VA spends more than $1 billion annually on hearing loss treatments and hearing aids for veterans.
- Military personnel using the defective earplugs were exposed to noise levels exceeding 120 decibels, well above the 85-decibel threshold where hearing damage begins.
- According to VA data, veterans are 30% more likely than non-veterans to suffer from severe hearing impairment.
3M Combat Arms Earplugs Injuries & Side Effects
The defective 3M Combat Arms Earplugs have been linked to several serious auditory issues that can permanently impact veterans' quality of life and ability to work.
- Hearing Loss: Partial or complete inability to hear sounds, including trouble understanding speech, muffling of general sounds, difficulty hearing everyday noises, and requiring increased volume for devices.
- Tinnitus: Persistent perception of noise when no external sound is present, including ringing, buzzing, humming, clicking, or crackling sounds that can range from mildly annoying to severely debilitating.
- Auditory Processing Disorders: Difficulty processing and interpreting sounds even when hearing sensitivity is normal, affecting the ability to understand speech in noisy environments.
- Psychological Effects: Secondary conditions including anxiety, depression, sleep disturbances, and social isolation resulting from chronic hearing problems.
Do You Qualify for a 3M Combat Arms Earplugs Lawsuit?
You may qualify for a 3M Combat Arms Earplugs lawsuit if:
- You served in the U.S. military between 2003 and 2015.
- You were issued and used the dual-ended 3M Combat Arms Earplugs Version 2 (CAEv2) during your service.
- You have been diagnosed with tinnitus, hearing loss, or other auditory damage.
- Your hearing problems began during or after your military service.
- You have documentation of your military service, earplug use, and medical diagnosis.
Related Article: Hearing Loss Settlement Amounts
Evidence Required for a 3M Combat Arms Earplugs Lawsuit
To strengthen your case, you should gather:
- Military service records documenting your dates of service and deployment locations.
- Medical records showing diagnosis of hearing loss, tinnitus, or other auditory damage.
- VA disability rating documentation related to hearing impairment.
- Audiogram test results showing the extent of your hearing damage.
- Evidence that you were issued the 3M Combat Arms Earplugs during service.
- Personal statements describing how your hearing problems have affected your life, work, and relationships.
- Witness statements from family members, friends, or fellow service members who can attest to your hearing difficulties.
Damages You Can Recover
Filing a lawsuit against 3M over defective Combat Arms Earplugs may allow you to get a 3M payout compensation for any damages or losses you have suffered due to your injuries.
Compensation may include money for:
- Medical expenses, including doctor's visits, hearing aids, and assistive devices.
- Lost wages and diminished earning capacity.
- Pain and suffering related to your hearing impairment.
- Loss of enjoyment of life.
- Emotional distress.
- Cost of ongoing treatment and care.
Although any amount of compensation cannot fully restore the losses you have suffered as a result of your hearing problems, they can assist with the financial burden of your injury.
A personal injury lawsuit also sends a message to the 3M Company that it cannot sacrifice the health of our troops for the sake of profit.
Who is Responsible for 3M Earplug Injuries?
In 2018, 3M settled a whistleblower lawsuit with the U.S. government for $9.1 million. The government alleged in the suit that 3M knew about the problems with its earplugs as early as 2000, yet continued to sell the products to the military until 2015.
Although the whistleblower lawsuit compensated the military for its purchase of the Combat Arms Earplugs and the wrongdoing by 3M, it does not compensate the veterans who were actually injured by the defect.
To date, more than 300,000 earplug lawsuits have been filed against 3M. There have been so many claims filed against 3M over this issue that a multidistrict litigation (MDL) was established to consolidate the claims in the Northern District of Florida. The MDL has grown to become the largest mass tort in American history.
Related Article: 3M Earplug Lawsuit Update
Statute of Limitations for 3M Combat Arms Earplugs Lawsuits
The statute of limitations for filing a 3M Combat Arms Earplugs lawsuit varies depending on several factors, including:
- State Laws: Each state has different deadlines for product liability claims, typically ranging from 1-6 years from the date of injury discovery.
- Discovery Rule: In many jurisdictions, the statute begins when you discovered or reasonably should have discovered that your hearing damage was connected to the defective earplugs.
- Military Service Considerations: Some states have special provisions that may toll (pause) the statute of limitations during active military service.
Given the complexity of these cases and the potential for time limitations, it's crucial to consult with an attorney as soon as possible if you believe you may have a claim.
Many veterans who delay seeking legal advice find their claims barred by statute of limitations issues, permanently losing their right to compensation.
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FAQs
1. What should I do if I suspect my hearing loss is due to 3M earplugs?
Seek medical attention to diagnose and document your hearing loss. Then, contact an attorney experienced in 3M earplug cases to evaluate your situation and guide you on the next steps.
2. Can I file a 3M earplug lawsuit if I am still serving in the military?
Yes, active-duty military personnel can file a lawsuit if they have experienced hearing loss or tinnitus due to the defective 3M earplugs. Consult with an attorney to understand how to proceed without affecting your military career.
3. What is the success rate of 3M earplug lawsuits?
Success rates vary depending on the specifics of each case, but many plaintiffs have received settlements or favorable verdicts. An experienced attorney can provide insights based on the latest case outcomes.
4. If I've already received VA disability benefits for hearing loss, can I still file a lawsuit?
Yes, receiving VA benefits does not prevent you from pursuing a lawsuit against 3M. These are separate forms of compensation, and many veterans are entitled to both. However, there may be offset provisions that your attorney should explain.
5. How long will it take to resolve my 3M earplug case?
The timeline varies depending on whether your case settles or goes to trial. With the current settlement structure in place, many claimants will begin receiving compensation in 2025, but individual timelines can vary based on claim complexity and documentation requirements.
6. What if I used 3M earplugs but haven't been diagnosed with hearing loss yet?
If you used the defective earplugs during service but haven't been diagnosed with hearing issues, you should get a comprehensive hearing evaluation. Early detection is important both for your health and potential legal claims. Even without current symptoms, you may be able to register for medical monitoring.
7. Will participating in the lawsuit affect my VA benefits?
No, pursuing a lawsuit against 3M will not affect your eligibility for VA benefits. These are separate processes, and VA benefits are based on service-connected disabilities regardless of any private litigation you may be involved in.
See all related product liability lawsuits our attorneys have covered.
Get a Free 3M Combat Arms Earplugs Lawsuit Evaluation in New Mexico With Our Lawyers
Time is limited to pursue legal action for 3M Combat Arms Earplugs injuries. Depending on your state and circumstances, you may have as little as 1-2 years from the time you discovered your hearing damage was related to the defective earplugs. Many courts are already enforcing strict deadlines for new claims.
Our firm offers:
- Free, confidential consultations to evaluate your potential claim
- No upfront costs or fees to begin your case
- Payment only if we secure compensation for you
If you or a loved one served in the military between 2003 and 2015 and experienced hearing loss or tinnitus after using 3M Combat Arms Earplugs, contact the experienced product liability attorneys at Schmidt & Clark, LLP immediately to protect your rights and explore your legal options.
References
1. https://www.military.com/daily-news/2020/07/26/3m-company-selling-defective-earplugs-military-lawsuit.html
2. https://www.reuters.com/legal/3m-earplugs-settlement-expansion-2025-03-15/