Whistleblower Lawsuit Alerted The Military To Army Earplug Malfunction

Army Earplug Lawsuit News

Legal findings in a 2018 Department of Justice whistleblower lawsuit against 3M could be the foundation of future hearing protection failure lawsuits

Saturday, February 20, 2021 - On July 30, 2018, 3M agreed to enter into a whistleblower agreement with the Department of Justice and an ex-employee of Aearo Inc. to pay $9.1 million fines and penalties. Aearo was the designer and manufacturer of the Dual-Sided Army Earplugs that soldiers have now claimed malfunctioned and caused their hearing damage. As part of the agreement, 3m claimed they were not responsible, and the earplugs were made according to the Army's exacting specifications. According to the Department of Justice, "3M Company (3M), headquartered in St. Paul, Minnesota, has agreed to pay $9.1 million to resolve allegations that it knowingly sold dual-ended combat arms earplugs to the United States military without disclosing defects that hampered the effectiveness of the hearing protection devices."

3M's lack of admission of guilt did not put the matter to rest as the company had hoped, rather, it may have opened the flood gates for hundreds of thousands of soldiers that wore the earplugs into combat and also on the firing practice range and while working around loud engines and machinery, to come forward and file lawsuits. Army Earplug Hearing damage lawsuits have grown to over one-quarter of one million plaintiffs and are the largest mass-tort lawsuit in US history. 3M is accused of lying to the government and failing to warn the military that the earplugs would not fit all soldiers, and they could have incurred hearing damage or worse. The jury trial against 3M will start in March.

According to the DOJ, "The settlement announced today resolves allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew that its Combat Arms Earplugs, Version 2, was too short for proper insertion into users' ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military." The trial is scheduled for the spring of 2021 and 3M is expected to offer a settlement to avoid the litigation. If you think you may qualify to file a lawsuit, you should speak with an Army Earplug lawyer for a free consultation.

The whistleblower lawsuit forced the military to sit up and pay better attention to the safety equipment it has purchased from private companies. The government spends billions of dollars every year and has been implicated in overspending controversy since the 1980s when the Pentagon was accused of paying thousands of dollars for a toilet and a hammer. In response to the settlement, Special Agent in Charge Robert E. Craig, Jr told reporters, "DCIS protects the integrity of Defense Department programs by rooting out fraud, waste, and abuse that negatively affect the wellbeing of our troops."

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