Hearing loss is the most prevalent service-connected disability for both men and women in the military. According to the Veteran Benefits Administration, more than 1.3 million veterans received disability compensation for hearing loss in 2020, while 2.3 million received compensation for tinnitus.
Veterans are more prone to hearing loss and tinnitus than civilians, because of their constant exposure to high-intensity noises, like blasts, small-arms fire, IEDs, artillery fire, etc. Loud noises cause damage to many parts of the ear, including the eardrum, the middle ears bones, and even the cochlea.
Research has also proven that hearing loss and tinnitus in veterans is correlated with Post-Traumatic Stress Disorder (PTSD) and traumatic brain injury (TBI) in veterans.
The 3M earplug lawsuit involved over 250,000 US veterans suing the company 3M for their defective combat arms earplug that caused hearing loss, tinnitus and other related problems. With how widespread hearing loss is amongst the veteran population, it is understandable why this 3M earplug lawsuit has been so important.
While the 3M earplug lawsuits have been in progress for quite some time, there were a variety of updates over the course of 2022 that will impact 2023.
What updates are available for the 3M Earplug Lawsuit as of November 2022?
As of the end of October, there were over 250,000 3M earplug lawsuits filed by military veterans. The plaintiff’s claim that not only did many sustain loss to their hearing, but also tinnitus from the defective earplugs they had used.
With the increasing number of lawsuits being filed, the Judicial Panel on Multidistrict Litigation transferred the litigation to the United States District Court, Northern District of Florida, in 2019.
Of the sixteen 3M bellwether trials, ten were in favor of the plaintiffs, and six were in favor of the defendant.
At the end of July 2022, 3M disclosed that the company would go to bankruptcy court in an effort to settle the earplug claims. Aearo Technologies also filed for bankruptcy. The company believed it would help resolve the earplug lawsuit litigation more quickly.
In August, an Indiana bankruptcy judge denied the bankruptcy and blocked 3M to temporarily prevent lawsuits from moving forward. Settlement talks were conducted in September, which did not yield positive results. In October, 3M was granted permission to employ a quicker process to overturn the judgment.
It is expected that a global settlement will finally be reached in 2023.
What is the 3M Earplug Lawsuit?
In 2016, a United States whistleblower lawsuit brought against 3M, alleged that the company manufactured and knowingly sold the defective earplug to military service members.
Moldex-Metric, Inc., a rival earplug manufacturer, filed the lawsuit in federal court, claiming that the dual-ended 3M Combat Arms earplugs were violating The False Claims Act. Moldex claimed that the end of the 3M earplug was not long enough, and as a result sound could pass through, causing potential hearing damage. This
damage could be from the exposure to aircraft, gunfire and explosion sounds. The company claimed that the 3M Combat Arms earplugs were loose and did not offer the safety that the company claimed.
In 2018, 3M agreed to pay $9,100,000 to resolve the claim.
What are the 3M Earplugs and how do they work?
The Combat Arms Earplugs, version 2 (CAEv2) were originally developed by Aearo Technologies, which was acquired by 3M Company in 2008.
CAEv2 earplugs are designed with two inverted cones, olive and yellow, connected by a short stem. The earplugs are described as non-linear, meaning that no electronic components are required, and reduces the occlusion effect (where the ear feels blocked).
Wearing the plug in the ear with the olive colored end in the “blocked” position, like a regular earplug would be worn, blocks all sound. When the yellow end is worn in the “unblocked” position, the plugs significantly reduce loud noises, like artillery fire and explosions. Still, the wearer is able to hear quieter sounds if needed.
How do you qualify for an earplug lawsuit?
If you served as a veteran between 2003 and 2015, and utilized Dual-Ended 3M Combat Arms Earplugs on a regular basis, you are eligible to file a claim for the lawsuit, if diagnosed with hearing-related injuries or hearing loss.
The records that are essential for the lawsuit include:
- DD214 Form – Certificate of Release or Discharge from Active Duty
- Veterans Administration (VA) Record
- Military Active-Duty Record
Additionally, any medical evidence you may have, is also useful. Over 20,000 cases were dropped from the class action suit because the plaintiffs failed to present certain records.
Does the 3M lawsuit affect VA disability benefits?
No. VA disability benefits are not based on your income or financial needs, therefore they will not be affected when you file for a 3M earplug lawsuit.
If you have valid evidence that you sustained damages due to wearing these defective earplugs, you can apply for the lawsuit.
What is covered under the 3M earplugs lawsuit?
- Medical bills related to hearing loss, tinnitus and associated illnesses
- Lost wages as a result of hearing loss
- Pain and suffering
- Loss of enjoyment of life
- Punitive damages
What is the average payout for the lawsuit?
The payout actually depends on a variety of factors, including the extent of hearing damage, the need for future care, if the veteran is able to earn a living or not, if their activities of daily living (ADL) or hobbies/other activities are affected, and if they suffered any psychological impacts, like PTSD or TBI
The predicted average lawsuit payout per expert 3M earplugs lawyers, is somewhere between $50,000 and $100,000.
Can you still join the 3M lawsuit?
While time is running out quickly, if you served between 2003-2015 and suffer from hearing loss or a related illness, you can still join the 3M Combat Arms Lawsuits.
The 3M earplug litigation has become one of the largest examples of a mass tort (MDL) in U.S. history, and is an extremely important lawsuit regarding product liability in regards to veterans. While it is impossible to predict the outcome for the 3M earplugs MDL, there is still hope that the company that has clearly harmed veterans with defective earplugs will face the consequences for their actions.
If you are a claimant, be sure that your medical records indicate your injuries that you sustained. As mentioned, there have been many lawsuits that were dropped due to incomplete records or weak medical reviews. It is important to do your due diligence to ensure the best outcome for your case.
To learn more about VA Disability Benefits and how the Claims Process works, be sure to check out our ebook, The Road to VA Compensation Benefits.
