Defective Combat Earplugs Lawsuit: The Reasons for the Lawsuit and Recoverable Damages
3M, an American conglomerate, is known worldwide for developing safety and protection equipment for healthcare, consumers, and other industries.
For many years, this corporation sold its combat arms earplugs, Version 2, to the Federal Government as hearing protection devices for active military service members. Unfortunately, they ended up selling defective combat earplugs.
The combat earplugs were meant to protect the American troops, who served between 2003 and 2015, from suffering hearing loss. The combat earplugs have a dual-protection design that depends on the end at which they are inserted. They allowed soldiers to block out all noise and still be able to hear subtle ones.
The Reason For The 3M Lawsuit – Faulty 3M Earplugs
The 3M CAEv2 (Combat Arms Earplugs) were manufactured and distributed by 3M and Aearo Technologies. The earplugs were promoted as an innovative product that would significantly improve and protect soldier’s hearing during combat.
These earplugs had a unique dual-ended design that allowed them to be worn in two different directions. One would block out all sounds, while the other would block loud noises, allowing you to hear other sounds and even permit conversation.
Unfortunately, the earplugs had design flaws right from the beginning. They have been subject to numerous accusations and complaints of failing to adequately protect soldiers’ ears. Numerous complaint states that the earplugs were too short for insertion once placed in specific individuals’ ear canals.
This prevents an appropriate seal, which is needed to block out noise successfully. 3M faced a class action lawsuit for allegedly manufacturing defective combat earplugs and selling them to the military for use by military service members in the Afghanistan and Iraq wars.
The lawsuit alleges that the company knew from testing that the earplugs could loosen so that the user would not notice and couldn’t fit well into the ear canal. Also, the lawsuit claims that the military was not informed of modifying the combat earplug to achieve the best protection.
Unfortunately, the earplug fails to provide suitable hearing protection for military personnel, putting them at risk for diverse hearing problems and even permanent hearing loss due to the design defect.
Recoverable Damages For 3M Lawsuit
First, it’s important to know that settlements like the ones in the 3M lawsuit often categorize compensation into different tiers. This means the amount awarded will depend on how severe your injury is and how strong the evidence is in your particular case.
For example, someone with total hearing loss in both ears might receive a higher settlement than someone with mild tinnitus, simply because the impact on their life is greater.
Nonetheless, recoverable damages for the 3M lawsuit include:
- Emotional trauma
- Diminished quality of life
- Pain and suffering
- Loss of earning capacity
- Hearing aids and any other assistive devices
- Lost wages
The vast majority of these cases have been brought by individuals who served between 2003 to 2015. Many of them have now suffered tinnitus, partial hearing loss, and other hearing-related damages, all because their ear protection device was faulty.
Who Is Eligible To File A Lawsuit Against 3M?
You must meet the following eligibility criteria to be qualified to bring a 3M Combat Earplug lawsuit.
- You must have sustained your hearing injury due to using the 3M Dual-Ended Combat Arms Earplugs while serving in the military.
- You must be a member of the U.S. military who served between 2003 and 2015.
There may be grounds for suing 3M if you’re a civilian who received and used the earplugs and sustained hearing loss due to the earplug’s defects.
If you have suffered partial hearing loss, tinnitus, or deafness as a result of using these earplugs, you can contact a product liability or personal injury lawyer.