Who Can File a 3M Earplug Lawsuit?

3M Earplug Lawsuit

People who were in the U.S. military between 2003 and 2015 may be eligible to file a 3M earplug lawsuit. Veterans who lost their hearing from the 3M military faulty earplugs were exposed to continuous high-level sounds. Pilots, aircraft support personnel, artillery, mechanics or engineers, and infantry are just some of the examples.

3M Company is based in Minnesota; it provided the U.S. military with specially designed earplugs that were used primarily in situations that requested high protection of soldier’s hearing (explosions, shooting, etc.).

But, the earplugs did not function correctly and caused severe hearing damaging and loss to the soldiers.

3M allegedly knew about the faulty earplug design but did not notify the U.S. government.

Why do these earplugs cause harm?

Thousands of soldiers (including the ones who were in Iraq and Afghanistan) used 3M’s Dual-Ended Combat Arms Earplugs Version 2 (CAEv2); these devices were designed by Aearo Technologies which 3M obtained in 2008. It caused tinnitus (ringing in the ears), and partial or complete hearing loss.

A whistleblower published a warning about the faulty device in 2018. The U.S. Department of Justice reviewed the report, and 3M paid $9.1 million to the federal government.

The earplugs use was stopped. The claims are now only allegations since there was no determination of liability. Veterans still seek damages from 3M.

How the earplug causes harm?

The earplugs had a design flaw because of their symmetrical shape. It does not form a tight seal when used as directed. The earplug may have loosened gradually during wear, which means the person wearing it was exposed to loud sounds like explosions and shooting. The sound enters the ear and injures the hearing.

How to file a 3M earplug lawsuit?

If you believe you have damaged your hearing by using 3M earplugs, you will have to show proof of it. The best way to do it is to get a medical report from a physician.

Once you get the proof, you can file a lawsuit. Your lawsuit must include a diagnose of tinnitus at (or close to) the time you were released from the military or a diagnosis of hearing loss leading to a U.S. Department of Veterans Affairs’ impairment rating.

If you are a civilian who used the earplugs and experienced hearing damages because of the faulty design, you are also eligible to file a 3M earplug lawsuit.

Receiving claims with your lawsuit

Although the 3M faulty military earplug lawsuits are consolidated because of the similarities of their questions of fact, the court will decide about each case individually.

Every case is different, but mainly plaintiffs get some or all of the compensation. Here is the compensation you can get:

  • Lost wages
  • Lost benefits
  • Diminished future wages
  • Doctors’ and surgeons’ expenses
  • Prescription medicines
  • Hearing aid expenses
  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Diminished enjoyment of life

Plaintiffs in the 3M earplug lawsuit claim the following:

  • 3M knew about the defect when it sold the earplugs
  • 3M hid the error when it sold the earplugs.
  • 3M did not tell users that rolling back the rim on the earplugs was needed for the earplugs to function. This was only listed as a tip in the instructions.

The earplugs did not manage to filter sound as advertised and caused hearing loss and tinnitus in service members and veterans.

If you or a loved one suffered hearing loss or and tinnitus after service between 2003 and 2015, you might qualify to file a 3M defective earplug lawsuit or join the ongoing MDL. Remember, you may also be eligible if you used these earplugs as a civilian.

If you believe you have the case to file a lawsuit, make sure you have all medical records of your hearing damage (assuming you used 3M earplugs). People who were discharged from the U.S. military or have a hearing loss rating, according to the United States Department of Veteran Affairs are eligible for filing the lawsuit. Serving the military from 2003 to 2015 is another way to prove your eligibility for such a lawsuit (accompanied by a hearing loss or damage diagnosis).

Here at Dalimonte Rueb Stoller, we actively get assessing claims where both veterans and personnel who are on duty have severe hearing loss after they used the faulty Version 2 – CAEv2, 3M Combat Arms Earplugs.

Call our mass tort law office today and let our team take your case and stand by your side in the process of getting your compensation claim.

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