What you need to know if you have lost your hearing or developed tinnitus after serving in the military
Repetitive exposure to loud noises, especially at the levels of gunfire, explosions, aircraft, or heavy machinery, contributes to complete or partial hearing loss and/or tinnitus.
As hearing loss is affected by the regular exposure to elevated sound levels, it is safe to say that active-duty service members and veterans stand a strong chance of suffering hearing damage when their ears are not protected properly.
A damaging noise is one that is 85 decibels or more. According to recent medical studies, up to 36 million people suffer from tinnitus in the United States. In other words, 1 out of 5 individuals has disabling hearing loss, whose main cause is working in a job that involves loud noise.
If you are a U.S. veteran and have experienced hearing damage or tinnitus due to the use of 3M Combat Arms earplugs you may be entitled to compensation.
Our attorneys are evaluating claims for veterans and current service members who have experienced major hearing damage because they wore defective 3M Combat Arms earplugs during combat missions or training exercises. If you or a loved one meet the following requirements, you may be entitled to recover compensation. Moreover, the same criteria apply even if you currently receive disability or other service-related benefits.
- served in the military between 2003-2015
- used 3M earplugs during service
- suffer from significant hearing loss or tinnitus
What loud noises were people exposed to in the military?
![Military crew exposed to higher noise while operating]()
According to the Center for Disease Control and Prevention, veterans who served during Operations Enduring Freedom and Iraqi Freedom are four times more likely to develop major hearing damage than the general population. Because the defective 3M earplugs failed to properly shield military personnel against the loud noises they were constantly exposed to, the company is facing thousands of claims at the moment. To make matters worse, the defective 3M earplugs may still be provided to military personnel today, as they were never recalled and may still be sold to the military by other vendors who are not aware of the faulty design of the product. It is estimated that 800,000 Afghanistan and Iraq war veterans may have been injured by the defective 3M Combat Arms earplugs. One of the most common loud noises people who were members of the Army would hear was the sound of a .45 to .70 caliber rifle, which emits sounds ranging from 155.2 to 155.9 dB. The following are some of the other loud noises veterans who served in the Army may have been exposed to regularly:
- hand grenade: 158 dB
- 20-gauge shotgun: 8 dB
- 12-gauge shotgun: 156.1-161.5 dB
- .22 pistol: 151 dB
- 9 mm Luger: 169-163 dB
- light anti-tank weapon: 184 dB
As for Navy veterans, they had been exposed to the loudest noises in the engine room, ranging between 98 to 160 adjusted decibels (dbA), which is significantly above the OSHA permissible limit of 90 dBA. While carrier decks generated the loudest noise, landing ship tanks and patrol vessels were the quietest.
People who served in the Air Force were also exposed to loud noises on a daily basis, usually stemming from aircraft. The following are the loudest noises veterans who served in the Air Force were constantly hearing:
- service helicopters: 97-100 dbA
- fighter planes: 97- 104 dbA
- jet trainers: 100-106 dbA
- transporter aircraft: 88-101 dbA
Furthermore, pilots were often exposed to chronic loud noise in aircraft over time, which may eventually lead to hearing impairments. While high noise levels were expected by numerous members of the military, they should have been provided with adequate protection against it. Unfortunately, because the defective 3M earplugs were used by military personnel for so many years, more and more veterans will come to struggle with a form of hearing impairment in the foreseeable future.
Why are 3M Combat Arms earplugs defective?
The majority of people serving in the military between 2003 and 2015 were given 3M Combat Arms earplugs to protect them from the loud noises they would often hear while on duty. However, testing trials on the earplugs found:
- design defects which can cause them to loosen in the wearer’s ear
- the stem that connects the two ends is too short and prevent the earplugs from properly fitting in the ear in order to comply with military standards
These earplugs were dual-ended, with green or yellow plugs, designed to offer two levels of protection. Wearing one side would block out loud noises, whereas the exterior side would filter our loud noises such as gunfire while members of the military were still able to hear what other people were saying. However, the earplugs could not hold tight within the ear, as the part that should have been fitted in the ear canal was too short. The Combat Arms Earplugs Version 2 (CAEv2) was originally manufactured by Aearo Technologies Inc. and the company had the exclusive contract to supply earplugs to the military. In 2008, 3M acquired Aearo Technologies Inc. and continued to supply the Defense Logistics Agency with defective earplugs until 2015.
The earplugs were given to multiple branches of the military, including the Army, the Air Force, the Navy, the Marines, the National Guards, and the Reserve. Because they had a faulty design, the earplugs caused military personnel to be only partially protected from loud noises, which subsequently led to veterans developing hearing disabilities, including tinnitus. According to estimates, the military received 15,000 earplug packages every year, with every package containing 50 pairs of earplugs, which means that millions of members of the military were injured by the defective product. Suffering from a hearing disability can greatly impact your life quality, which is why the responsible company needs to be held liable for negligence. Furthermore, hearing disabilities can lead to a series of other distressing health problems, such as sleep disorders, fatigue, anxiety, concentration problems, and memory problems.
The companies that manufactured defective Combat Arms earplugs
If you came to struggle with hearing loss incurred or aggravated during military service , gathering pertinent and solid evidence for your disability may be challenging, as the health issue is not a visible one.
However, if you work with a lawyer who specializes in acoustic trauma claims, they will be able to gather sufficient proof for your case, which will guarantee a favorable outcome. After you are examined by a medical specialist, also known as an audiologist, for noise-induced hearing loss or/and tinnitus and receive a positive diagnosis, we strongly encourage you to seek legal help, as you are eligible for compensation.
With over 25 years of professional experience, our skillful attorneys will recover the maximum compensation available from the liable company for you.
While 3M was the primary manufacturer of Combat Arms earplugs, supplying military personnel between 2003 and 2015, there were other companies responsible for producing defective earplugs, such as the following:
- Insta-Mold Products
- Custom Protect Ear Inc.
- E.A.R. Inc.
- Phonak
- Equipment Direct, Inc.
- Tasco Corporation
- Moldex-Metric Inc.
- Gateway Safety, Inc.
- Evergreen International Group LLC
What other health issues can the use of defective 3M Combat Arms earplugs cause?
Although hearing impairment is the most common health problem using defective earplugs during military service can lead to, there are other medical issues related to hearing that employing this product can lead to, such as the following:
- auditory processing disorder
- acoustic neuroma
- neurofibromatosis
- conductive hearing loss
- sensorineural hearing loss
- auditory neuropathy
- mixed hearing loss
In the unfortunate case that you developed one of the above hearing conditions as a consequence of using 3M Combat Arms earplugs, please contact our law firm for a free of charge case review. Regardless of the health problem you have, we will provide you with quality legal assistance and help you recover fair compensation for your injury.
We can help you document the full extent of the damages you have suffered after using 3M's defective earplugs
It is worthy of note that veterans can recover financial compensation both from the responsible company and from the VA, in the form of disability compensation.
Veterans who developed a hearing disability as a result of the defective 3M Combat Arms earplugs can file a claim with the assistance of a specialized attorney with the VA to receive the money they deserve.
However, before filing a defective earplug claim, there are several aspects you need to explain to our skilled and dedicated attorney, such as the following:
- make a list of every incident of significant noise exposure you can remember, such as grenade blasts, artillery rounds, simulators, constant machine-gun fire, or spending years around loud jet or tank engines
- state the approximate moment when you remember your hearing problems began
- if your hearing problems started while you were serving, explain why you were unable to seek medical treatment by describing the reality of military service to bureaucrats, namely that no soldier, sailor, or airmen was going to stop a mission or training to help you with a condition that almost everybody was experiencing
- determine the chronicity of your hearing issues by explaining that you have had this health problem since you were exposed to loud noises during your military service
- identify the frequency of your hearing problem by noting how often you experience it
- explain how severe your hearing problem is and whether it prevents you from performing daily activities or your work
The VA standards for disability for hearing problems are determined by the test results of speech recognition. There will be a series of medical tests and exams you will need to undergo before you can become eligible for filing a disability compensation claim, such as the following:
- speech recognition testing
- puree tone audiogram
- tympanogram
- acoustic reflex test
- otoacoustic emission test
- hearing test
To apply for disability compensation, you will also need a nexus statement, which is a document from your doctor explaining how your hearing problems are related to your military service. The letter will include aspects such as whether you worked near loud noises such as on a flight line or worked with or near explosives or gunfire. This document is of utmost importance, as without it, you will not be able to file a claim for disability compensation. Therefore, the only documents you will need to send your attorney are your military records, as well as your medical records, which must be accompanied by your nexus statement. Afterward, they will efficiently take care of the remaining legal aspects.
Updates & timeline for 3M Combat Arms earplugs
Over 200,000 service members and veterans are suing the 3M company for having provided them with defective combat earplugs, whose use can result in hearing loss or tinnitus. From 2003 to 2015, Aearo Technologies and 3M manufactured and supplied the U.S. military with the Combat Arms CAEv2 earplugs. The earplugs were given to soldiers in Afghanistan and Iraq and were designed to protect their hearing during military training and combat.
Eric Rucker, one of 3M’s attorneys, said that the company has a lot of respect for the men and women in the military and that their safety has always come first. “The purpose of the creation of [the Combat Arms earplugs] was to collaborate with the military to solve one of the longest-standing problems they have had, that soldiers won’t wear their hearing protection around loud noises and in combat,” Rucker said.
The lawsuits filed by over 200,000 service members and veterans have been consolidated in Florida federal court, creating perhaps the largest mass tort in U.S. history, surpassing the multidistrict litigation concerning Johnson & Johnson’s talcum powder. So far, 3M has lost 10 of the 16 cases that have gone to trial, with $265 million awarded to 13 plaintiffs.
A U.S. Army veteran who sued 3M for hearing damage caused by its defective earplugs won $50 million in court on March 25, 2022. The jury awarded Luke Vilsmeyer a $50 million verdict, which is the second-largest amount a veteran has won in a series of lawsuits against the company. "It is clear 3M's defenses - whether in the courts, to investors, or the public - are unconvincing and without merit," lawyers representing plaintiffs in these cases said in a statement.
At the moment, roughly 3,000 people are involved in lawsuits accusing 3M of having sold the U.S. military defective earplugs that caused service members to develop tinnitus and hearing loss. On January 27, a federal jury awarded $110 million to two U.S. Army veterans who claimed they came to struggle with hearing damage due to having used the combat earplugs manufactured by 3M.
This is the latest decision in hundreds of thousands of lawsuits that accuse 3M of knowingly selling defective earplugs to the military. "While they are certainly pleased with the verdict and happy that the jury saw through the defenses that 3M tried to put forth, they have to go back to their lives living with these permanent conditions that simply will never go away and will only get worse," the attorney representing the two veterans said about the case.
A federal jury awarded $22.5 million to U.S. Army veteran Theodore Finley, who alleged that combat earplugs sold by 3M caused him hearing loss and tinnitus. The man, who used the earplugs while serving in the military from 2006 to 2014, was awarded $7.5 million in compensatory damages and $15 million in punitive damages. The verdict surpassed the $13 million jurors awarded a U.S. Army sergeant the previous month.
A jury in Tallahassee, Florida, awarded $13 million to a U.S. Army sergeant who claimed he experienced hearing damage as a result of using the earplugs manufactured by 3M. The verdict for Guillermo Camarillorazo includes $800,000 in compensatory damages and $12.25 million in punitive damages.
A federal jury awarded $8.2 million to U.S. Army veteran Brandon Adkins in a lawsuit against 3M that claimed the company's earplugs he had used during his military service damaged his hearing. "We are humbled by the bravery and courage shown by service members like Brandon Adkins not only for their service to our country but also for standing up against 3M on behalf of all the veterans who now face preventable hearing loss and tinnitus as a result of the earplugs," said the veteran's attorney.
This is the fourth trial against the company 3M concerning earplugs that are sold to the military. The 3M Combat Arms earplugs were used during the wars in Iraq and Afghanistan. Over 250,000 cases have been filed against the company so far.
Lloyd Baker, a U.S. Army veteran who claimed he had used the ineffective earplugs made by 3M, was awarded $1.7 million in damages for his hearing loss and tinnitus by a federal jury in Florida. The jury split liability on Lloyd Baker's failure to warn claim between the parties, finding 3M 62% liable and Lloyd Baker 38%. Baker, like three veterans who collectively won about $7 million in the first trial, prevailed in the U.S. District Court for the Northern District of Florida.
In the first bellwether trial to be held in the 3M earplugs multidistrict litigation, a Pensacola jury awarded $7.1 million to 3 former service members who claimed the company's defective earplugs irreversibly damaged their hearing. The plaintiffs, Stephen Hacker, Luke Estes, and Lewis Keefer, alleged that the earplugs supplied to the military by 3M and its predecessor, Aearo LLC, were defective and failed to protect them from tinnitus and hearing loss that stem from training and noise on the battlefield.
The Department of Justice announced on July 26, 2018, that 3M had agreed to pay $9.1 million to solve the allegations that the company knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the U.S. military without disclosing defects that affected the effectiveness of the hearing protection device. "The Department of Justice is committed to protecting the men and women serving in the United States military from defective products and fraudulent conduct," said Acting Assistant Attorney General Chad A. Readler of the Department's Civil Division. "Government contractors who seek to profit at the expense of our military will face appropriate consequences," he added.
The settlement resolved the allegations that 3M violated the False Claims Act by selling defective earplugs to the Defense Logistics Agency. More specifically, the United States claimed that 3M and its predecessor, Aearo Technologies, knew the CAEv2 was too short for proper insertion into the ear and that the earplugs could loosen, thereby failing to perform well for certain individuals. The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, also known as a whistleblower, provisions of the False Claims Act. The act allows private parties to sue on behalf of the government when they believe defendants submitted false claims for government funds.
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