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In 2019, veterans from across the United States began filing lawsuits naming 3M which claim that the company sold defective earplugs and then intentionally made false representations to the U.S. Is there a Dual-End 3M Combat Arms Earplugs Lawsuit? On the other hand, hearing loss can make it difficult for someone to maintain relationships with loved ones and friends leading to depression or even cognitive decline. Veterans with tinnitus can hear a ringing, hissing, or buzzing that prevents concentration or sleep. These loud noises can permanently damage the cells within the inner ear causing much discomfort and loss of enjoyment of life. It is widely understood that our nation’s fighting men and women are especially vulnerable to tinnitus and hearing loss due to excessive noise exposure from gunfire, explosions, and helicopter rotors. Department of Veterans Affairs, tinnitus is one of the most commonly reported disabilities among servicemen and women. Tinnitus is described as a general ringing in the ears. In July 2018, 3M agreed to settle the claims in the whistleblower complaint for $9.1 million without a direct admission as to any liability on the part of 3M. Government concerning the safety record of the dual-ended combat arms earplugs. Specifically, Moldex’ claimed that 3M employees were well-aware that the earplugs did not perform as claimed to go all the way back to 2000. In 2016, a competing firm of Aearo/3M filed a federal whistleblower complaint claiming that 3M violated the False Claims Act concerning statements and representations it made to the U.S. military for several years. And potentially more damning, given what they knew about the defect and their own testing, they failed to include the “modified” fitting procedure in the standard “instructions for proper use” issued with the device. Instructions for Proper Useĭespite allegedly knowing that their product contained a serious design defect that could render its claims of noise protection virtually meaningless, Aearo and 3M went ahead and sold the dual-ended combat arms earplugs to the U.S. Testing resumed in February 2000 using the modified fitting technique and the results of these tests were the basis for Aearo’s and eventually 3M’s claims about the noise reduction ratings for the combat arms earplugs. Aearo employees closely monitored the results of testing, which suggested that the noise reduction factor offered by the devices was far below what was considered adequate. Aearo determined that the positioning and fitting of the flanges in the design were the cause of the deficiency in the earplugs’ performance.Īearo employees and engineers concluded that a snug fit on the “closed” end of the earplugs required the user the fold back the flanges on the “open” end in what was termed as a “modified” fitting procedure. battlefield explosions, rockets, and artillery fire) while allowing quiet noises such as commands or footsteps to pass through.Īt the dawn of the program in January 2000, testing of the combat arms earplugs began at Aearo’s own laboratories, rather than at an outside and independent laboratory. In the “unblocked” position, the earplugs were intended to minimize loud impulse sounds (i.e. In the blocked position, the earplugs were supposed to perform as traditional earplugs and block as much potentially harmful noise as possible. This design was intended to permit soldiers to protect their hearing while choosing from either a “blocked” or “unblocked” fitting position in the ear. The dual-ended combat arms earplugs manufactured by 3M and Aearo are known as “non-linear” or “selective attenuation” earplugs. military under an “Indefinite Quantity Contract” (IQC) awarded in 2003. Partially in response to the success of Aearo in securing such a lucrative contract, the defense contractor was acquired by 3M in 2008 and continued to supply earplugs through at least 2012. Unfortunately, a design defect, one that both Aearo and 3M likely knew about in advance, allowed dangerous levels of noise to enter the ear and cause permanent hearing loss and tinnitus in many returning veterans.Īearo Technologies became the exclusive supplier of dual-ended combat arms earplugs for the entire U.S. In particular, one end of the 3M Combat Arms earplugs was supposed to protect against harmful battlefield noise levels while allowing troops to hear commands as well as the footsteps and other sounds from enemy combatants. Ostensibly, these devices were supposed to protect the hearing of our troops while offering them two fitting options for different types of encounters.
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servicemen and women which were supplied throughout combat zones in Iraq and Afghanistan between 20. The 3M Company and Aearo Technologies designed and manufactured specialized combat earplugs for U.S.