3M Faces an Uphill Challenge in Defense of The Army Earplug

Army Earplug Lawsuit News

Over 144,000 soldiers have filed suit claiming 3M knew that the earplugs would not work as advertised yet looked the other way

Friday, September 18, 2020 - 3M Inc., the maker of the allegedly defective 3M Dual-Sided Combat Army Earplugs, has published two web pages of information telling the story from their point of view. The company is denying any wrongdoing in designing or selling the allegedly faulty hearing protection devices and says to have worked closely with people representing the military to ensure that the earplugs matched exacting specifications. 3M has not recalled the earplugs in question and stands by statements that say they are both safe and effective to use. "3M has supplied Combat Arms Earplugs to the U.S. military for more than a decade. This product represents a significant innovation in hearing protection - it was the first earplug product to offer protection from loud sounds - like gunfire - while maintaining the ability to hear softer sounds - like speech," according to 3mearplugsfacts.com. 3M Army Earplug attorneys are helping Military Americans that suffered hearing loss due to the 3M Army Earplugs failing to protect the hearing as advertised by the makers Aearo Inc., and offer a free consultation.

Several facts, however, seem to punch holes in the 3M Army Earplug defense story. The earplugs were designed by Aearo Inc. before 3M purchased the company. An Aearo employee-turned-whistleblower contacted the US Department of Justice (DOJ) and filed a suit whereby the insider claimed that executives knew that the earplugs were designed as one-size-fits-all, and were too short for some soldier's ear canal and too long for others. 3M settled the case brought by the DOJ against them without admitting guilt rather than expose themselves to excessive negative publicity a jury trial may have created. Since then, thousands of soldiers have returned home from the wars in Iraq and Afghanistan with hearing damage, so many in fact that hearing loss is the number one reason a military veteran has filed for disability income benefits costing taxpayers millions. Thousands of veterans with hearing loss or tinnitus have filed Army Earplug lawsuits seeking lump-sum compensation for their damages.

3M's chances in court were hurt last month when a Federal Court judge in Florida denied the company immunity it sought from claiming status as a defense contractor. Bloomberg Law writes, "Judge M. Casey Rodgers of the U.S. District Court for the Northern District of Florida in July denied 3M's defense that its subsidiary Aearo Technologies LLC designed the Combat Arms Earplug Version 2 as a government contractor."

Also in favor of the plaintiffs was a judge recently unsealing hundreds of documents that lay bare 3M's communications with the Army about the Army Earplug. Stars and Stripes reported: "The documents, made public April 20 by a federal judge in Pensacola, Fla., include emails, depositions, memos and receipts related to the Defense Department' mass purchase of earplugs from the company between 2003 and 2015. They provide a glimpse into the case that now includes claims from more than 140,000 veterans. 3M peddled these earplugs to the public and the United States military despite knowing they were dangerous and defective, perpetuating an ongoing fraud on our country and its citizens," the plaintiffs' lead counsel said in a statement."

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