Army Earplug Trials Against 3M Could Start Early Next Year

Army Earplug Lawsuit News

Over 100,000 soldiers have signed up seeking damages for their hearing damage

Tuesday, February 18, 2020 - Thousands of US Army veterans are forced to slug through each day with tinnitus, the maddening noise of a constant ringing in the ears.

This condition, as well as other forms of hearing impairment, affects soldiers that have been exposed to any number of loud or persistent noises in the course of performing their duty whether it be to repair or support airplanes and helicopters, training on the firing range with rifles, pistols, grenades, mortar fire and the like, or even combat explosions such as improvised explosive devices. Most military veterans suffering from tinnitus are forced to sleep with a fan on and the television or radio playing in the background to compete with the tinny, crackling sound the condition entails. During the day, tinnitus sufferers are forced to use noise-cancellation hearing aids or headsets for the same reason but also makes carrying on a normal conversation impossible. Soldiers complain that the condition is highly frustrating and interferes with their relationships with family members. Most soldiers with tinnitus are unable to work in the occupation they were trained to perform and are forced onto military disability benefits.

Veterans with hearing damage blame the faulty hearing device that they were issued for their tinnitus and have filed suit against 3M Inc. the maker of the Dual-sided combat army earplug. The device was intended to be worn one way to protect against explosions and gunfire, and turned around the other way for less hearing protection but allowing critical battlefield communications to be heard. The device failed to work because of its "one-size-fits-all" construction which failed to fit a soldier's unique inner ear size allowing noise to enter. Also, switching the device from hearing voices to explosion protection proved impractical as the element of surprise was the enemy's modus operandi when detonating improvised explosive devices. A soldier did not have the time to stop what they were doing, put down their firearm, take off their helmet and swap out the earplugs and then reengage the enemy soldiers would say.

Veterans with Army Earplug hearing damage account for the greatest number of income disability claims costing the US taxpayer billions of dollars. 3M has already ponied up $9.1 million in fines as a result of a Department of Justice whistleblower claim that the company knew in advance that the earplugs would not work as advertised but sold them to the military anyway.

The Bloomberg Government Blog describes the current state of army earplug litigation as "one of the largest mass tort litigation cases in the U.S., with at least 139,000 claims filed against 3M or in the process of being filed, according to the U.S. Judicial Panel on Multidistrict Litigation. All the individual cases in progress were consolidated into the mass action last April. At that time, there were about 11,000 individual plaintiffs, according to a summary in 3M's third-quarter financial statement. The trial is expected to begin in early 2021 before Judge M. Casey Rodgers of the U.S. District Court for the Northern District of Florida."

Military personnel that have used the 3M Combat Army Earplug and experienced tinnitus or other hearing damage should consult an Army Earplug lawyer to see if they qualify to join others in multi-district litigation seeking substantial monetary compensation and to hold 3M accountable for their negligence.

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