If you were issued and used defective dual-ended combat earplugs from 2003-2015, you may be entitled to compensation.
What has the U.S. government said about this issue?
As part of a procurement fraud lawsuit, the United States government alleged that “3M dual-ended Combat Arms™ earplugs—which were standard issue in certain branches of the military during foreign conflicts between 2003 and 2015—have likely caused thousands of soldiers to suffer significant hearing loss and tinnitus in addition to exposing millions to the risk caused by 3M’s defective earplugs.” The U.S. government and 3M settled the allegations of procurement fraud for 9.1 million dollars.
Are service members entitled to any portion of the combat earplugs settlement funds?
No. The settlement was part of a False Claims Act lawsuit alleging procurement fraud by 3M. However, service members who have been injured can pursue individual claims.
How can service members be compensated for injuries sustained from the use of 3M dual-ended Combat Arms™ earplugs?
In order to be fully compensated, service members may wish to consult a lawyer in order to examine whether they have a valid claim against the manufacturer of the earplugs.
What do the dual-ended earplugs look like?
The earplugs have two ends and are yellow and olive. Some may perceive the olive color as green or blue. However, they are the only dual-ended, dual-color earplugs issued to service members during the time period 2003-2015, so if you were issued such earplugs, those are the ones involved.
What is the latest news on such claims?
Claims arising from injuries due to the use of Combat Arms™ earplugs are being filed in the courts. Such claims include the following:
Failing to properly design the dual-ended Combat Arms™earplugs
Failure to properly manufacture the dual-ended Combat Arms™earplugs;
Neglecting to adequately test the dual-ended Combat Arms™earplugs;
Omitting to adequately instruct service members in using the dual-ended Combat Arms™earplugs;
Not recalling the dual-ended Combat Arms™earplugs or, alternatively, to warn service members of a known danger/defect in the dual-ended Combat Arms™earplugs;
Lack of disclosure of post-sale information known about dangers or defects in the dual-ended Combat Arms™earplugs;
Concealing known dangers associated with the dual-ended Combat Arms™earplugs;
Are there any time limits on filing a claim?
Yes. If you believe you have suffered injuries due to the use of Combat Arms™ earplugs, you may wish to consult a lawyer promptly. If you wait too long, such claims may be barred by the applicable statutes of limitation. To consult a lawyer at Webster Book LLP, you may fill out the contact form below or call us at 888-987-9991.
UPDATE ON 3M COMBAT ARMS EARPLUGS LITIGATION (March 15, 2019): On March 28, 2019, the federal Judicial Panel on Multidistrict Litigation will hold a hearing in Washington, D.C. to consider whether to transfer all federal cases to a single jurisdiction and, if so, where to transfer those cases. If the Panel decides to transfer all federal cases, the judge who is assigned would likely appoint a Plaintiffs’ Steering Committee to coordinate pretrial discovery. Such a transfer would not affect cases pending in state courts that have not been removed to federal court. We will post further as we receive updates… Read more »
This is very helpful to those who have been affected with this defective earplugs
Thanks. We’ll give an update on the litigation from time to time to keep everyone posted.
Regards,
Steve Webster