Hundreds of lawsuits have been filed throughout the country on behalf of individual veterans and active duty military personnel claiming that 3M’s Combat Arms Earplugs (Version 2) were defective, leading to hearing damage or loss. 3M’s failure to disclose known design defects for over 10 years prevented the United States military from obtaining other, effective hearing protection. Consequently, numerous military personnel suffered hearing damage and loss due to the failure of 3M’s Combat Arms Earplugs (v. 2) In April 2019, the United States Judicial Panel on Multidistrict Litigation (MDL) consolidated over 640 ear plug lawsuits. More lawsuits are being filed every day.
Members of the military who served during the period 2003-2015 and suffered hearing loss or damage, including tinnitus (ringing in the ears), after using the 3M Combat Arms Earplugs (v. 2) may be able to submit a legal claim.
The 3M Dual Ended Combat Arms Earplugs (v. 2) are pictured to the left. These were the standard issue military earplugs for over a decade. The earplugs were color coded - green (weapons-fire mode) and yellow (closed/constant protection mode). It has been alleged, among other things, that these earplugs were too short to be inserted properly. Consequently, it has been alleged that the earplugs loosened, which was imperceptible to the user, and effectively left military personnel users without hearing protection. Despite the fact that military personnel were relying upon government-issued earplugs, they were not protected from dangerous and damaging sounds.
In July 2018, 3M agreed to pay $9.1 million dollars to resolve a qui tam or whistleblower lawsuit brought on behalf of the U.S. Government against 3M, claiming that 3M sold the defective Combat Arms Earplugs (v. 2) knowing they were defective. Additional claims included;
Further, it was alleged that 3M knowingly sold the Combat Arms Earplugs to the United States Military without disclosing the design defect, the flawed testing, or the inaccurate NRR rating. Specifically, it was alleged that 3M knew that the Combat Arms Earplugs (v. 2) were too short to be properly inserted into the ear and therefore did not perform properly for certain users. 3M did not disclose this information to the United States and delivered the Combat Arms Earplugs (v. 2) knowing that they were defective.
3M settled this lawsuit with the United States, agreeing to pay $9.1 million to resolve these allegations. 3M contends that this settlement does not constitute an admission or determination of liability.
None of 3M’s settlement with the United States will be distributed to individual military personnel affected by the defective earplugs, which is why Philadelphia personal injury attorneys at Messa & Associates are filing 3M earplug lawsuits on behalf of these brave men and women.
Individuals throughout the country who were injured by the defective 3M earplugs are bringing cases for their injuries, which are being consolidated in a Multi-district Litigation.
Numerous injured combat veterans and active duty military personnel are filing 3M earplug lawsuits claiming that 3M knew that the Combat Arms Earplugs (v. 2) were defective yet concealed that information from the military.
All 3M earplug lawsuits are in the beginning stages and therefore they have not yet resulted in any verdicts or settlements. Money damages, however, may be awarded for any of the following:
Punitive damages may be awarded as punishment against 3M because 3M’s actions were allegedly deliberate and willful, and because 3M allegedly acted with deliberate indifference to the rights and safety of the military personnel using their product.
Philadelphia personal injury attorneys at Messa & Associates representing military personnel in connection with this litigation will work on a contingency fee basis, meaning there are zero upfront costs. If the case is successful, your attorney will receive a portion of the amount. If you receive no compensation from your case, your lawyer will not receive payment.
Please see the Contingency Fee Agreement below for specific information.
Call the Philadelphia personal injury lawyers of Messa & Associates today to discuss your case with a professional who has the knowledge to answer your questions or submit a free online inquiry.
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