3M Combat Arms Earplug Lawsuits

As of Aug. 15, 2023, there were 259,388 active3M Combat Arms Earplugslawsuits pending. There were 343,311 lawsuits originally filed.

Settlement talks had been slow going because of bankruptcy filings and arguments between 3M and plaintiffs about what constitutes a hearing injury. But in August 2023, 3M agreed to settle the earplug lawsuits for $6 billion.

The United States Judicial Panel on Multidistrict Litigation consolidated 3M earplug cases in MDL No. 2885 in 2019 in the Northern District of Florida. Despite the August 2023 settlement agreement, the MDL has not yet closed. 

According to court documents, there are bellwether trials in Minnesota that aren’t part of the MDL. They were scheduled for July 2023, September 2023, October 2023 and February 2024.

3M Whistleblower Lawsuit

Prior to the current MDL litigation, 3M Company faced a lawsuit filed in 2016. Known as the Moldex whistleblower lawsuit, it alleged that 3M and Aero Technologies knowingly sold defective dual-ended Combat Arms earplugs to the U.S. military.

The lawsuit noted that 3M and Aearo Technologies, the original creator of the earplugs, had an exclusive military contract. The earplugs were “standard issue in certain branches of the military during foreign conflicts from 2003 to 2015.”

“The United States further alleged that 3M did not disclose this design defect to the military,” the Department of Justice said in a press release. Shortly after the settlement was announced in July 2018, soldiers and veterans began filing hearing loss and tinnitus lawsuits against 3M.

Because the dual-ended Combat Arms earplugs were defective, unsuspecting military personnel were at risk of hearing damage, lawsuits say. The main injuries claimed in lawsuits are hearing loss and ringing in the ears, known as tinnitus.

Tinnitus and hearing loss affect a soldier’s ability to do their job. Hearing damage can affect a soldier’s quality of life and mental health.

Army Veteran Sarah Kay Carlson

Army veteran Sarah Kay Carlson is among those diagnosed with tinnitus after using dual-ended Combat Arms earplugs. She used them while stationed at bases in Missouri and Minnesota, as well as during her deployment in Iraq where she fired weapons and was exposed to mortar shells.

Carlson joined the Army Reserves in 2008 at 17 years old. The Army deployed her to Iraq as a part of Operation Iraqi Freedom. 

Combat Arms earplugs were standard issue during her service. Carlson has reportedly said she and fellow soldiers would put the earplugs in daily, trusting they’d protect their hearing.

Marine Corps Veteran Andrew Bridges

Marine Corps veteran Andrew Bridges said in his lawsuit that he was never told to fold back the flanges when using the earplugs while in training or on active military duty. During his pre-deployment training, he started using dual-ended Combat Arms earplugs. They were standard issue.

Bridges joined the Marines in 2006 at 18 years old and stayed in active duty until 2010. The Marines deployed him to Iraq in 2009.

In 2010, officials at 29 Palms, a Marine Corps base in California, diagnosed him with tinnitus and sensorineural hearing loss. Damage to the inner ear or the nerve from the ear to the brain causes sensorineural hearing loss.

Marine Veteran Anthony F. Ascanio 

Marine veteran Anthony F. Ascanio’s lawsuit alleged that 3M didn’t properly test its Combat Arms Earplug. Court documents indicate the plaintiff claimed the company violated federal law and military requirements.

Ascanio used the earplugs during two deployments to Afghanistan. He now suffers from bilateral hearing loss and tinnitus.

Lawsuits allege Aearo knew about this problem as early as 2000 before the company obtained its military contract. Plaintiffs also claim Aearo and then 3M didn’t attempt to fix the defect, inform the government or warn soldiers.

The stem of the dual-ended Combat Arms earplugs wasn’t long enough to properly fit in ear canals, risking loosening. The company also failed to provide proper instructions for folding the flanges, leaving soldiers at increased risk of developing hearing problems.

Lawsuits also claim Aearo misrepresented the Combat Arms earplugs’ Noise Reduction Rating to the military. The yellow end had to achieve a 0 to 25 NRR and the olive end had to achieve a 25 to 40 NRR. In tests the olive end only reached an NRR of 10.9, far below the requirement of 25 to 40 and the yellow end scored a -2 NRR. 

After the disappointing result, the company stopped testing it. The company printed these manipulated specifications on the product’s package. 

Scientists present at the testing joined 3M when the company bought Aearo, so 3M was also aware of the defect. 3M denies any wrongdoing, however.

Many veterans who suffer from hearing loss or tinnitus may already receive VA disability benefits. In fact, these injuries are the most common service-connected disabilities, according to the United States Department of Veterans Affairs.

If defective earplugs caused hearing damage, veterans may still seek additional compensation from 3M. Veterans who want to pursue a lawsuitagainst 3M won’t lose their disability, according to experienced lawyers.

A personal injury settlement won’t affect disability compensation awards. The government doesn’t base compensation on a veteran’s income.