Products Liability – The Case of 3M

[Eernesto]

If you have been injured as a result of the use of a product due to the manufacturer’s negligence, you are eligible for compensation through products liability. This article will discuss products liability and the case of 3M.

According to the Cornell Law School Legal Information Institute , “product liability refers to the liability of any or all parties along with the chain of manufacture of any product or damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), and assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product would be the subject of products liability suits.” 

Veterans who used 3M’s Combat Arms Earplugs during their military service may be at risk of hearing loss due to the defective design of this product. There are hundreds of former service members who were diagnosed with hearing damage, hearing loss or tinnitus after using 3M military ear plugs. It is said that 3M knowingly sold defective military earplugs to the federal government for 13 years. As a result, veterans who used 3M Combat Arms Earplugs during their military service and suffered hearing damage qualify to file a products liability lawsuit.

The Combat Arms Earplugs were developed by Aero Technologies, which were later sold by 3M which acquired Aero in 2009. From 2003 until 2012, 3M ear plugs were the only ear plugs used by the U. S. soldiers in the Army, Navy, Air Force, Marines and other military branches. Between 2013 and 2015 the Combat Arms Earplugs were used by thousands of service personnel. 3M made a version 2 of Combat Arms Earplugs which featured a distinctive design that is yellow on one end and black on the other end. The black and is worn in the ear and are designed to work exactly like normal ear plugs to protect the wearer against loud noises. When the yellow side of the ear plug is worn, they are supposed to allow speech and other low-level sounds to be heard while blocking out other loud noises. It was noted that the defect involves the ear plugs being too short for proper insertion into the ear, and will loosen for some people.

Safety concerns were raised as a result of a whistleblower’s lawsuit filed on behalf of the federal government. According to the lawsuit, tests performed by Aero in 2003 and found that the Combat Arms Earplugs were only half as effective at protecting against hearing damage from loud noises as the minimum safety rating required by the U. S. military. Despite the findings, neither Aero nor 3M warned the federal government that the ear plugs were ineffective at protecting soldiers from hearing damage caused by explosions, gunfire and other loud noises during combat. As a result, thousands of military personnel were put at risk of permanent damage to their hearing.

In 2018, 3M agreed to pay $9.1 million in damages to the federal government to resolve the whistleblower lawsuit filed against the company. The payment settles the allegations that 3M and its predecessor Aero Technologies knew about this defect. 3M decided to settle in order to avoid a lengthy legal battle and investigation. However, this payment does not benefit the service members and hundreds of veterans with hearing damage. As such service members and veterans can file lawsuits against the company over allegations that they developed hearing damage due to 3M’S deceptive practices and defective ear plugs. Because 3M Combat Arms Earplugs were the only ear plugs used by service personnel for a decade millions of veterans may be placed at risk of suffering damage to their hearing. It has been published that veterans who were at risk of hearing damage from 3M ear plugs include service members who fought in the following countries:

Afghanistan
Iraq
Libya
Pakistan
Somalia
Syria and
Yemen

In order to be eligible to file a product liability lawsuit against 3M veterans or current active duty military personnel must meet the following criteria:

They must have served in the U. S. military between 2003 and 2015
Military personnel must have been equipped with 3M’s distinctive yellow and black Combat Arms Earplugs
They must have been diagnosed with either unilateral or bilateral hearing loss

If you or a loved one used 3M Combat Arms military ear plugs during combat and have been diagnosed with hearing damage or tinnitus, you may be eligible to pursue compensation through your own civil lawsuit and receive compensation for your injuries. The first step to legal action is talking the best attorneys in Wasilla Ak who specialize and are experienced in product liability. Such attorneys can provide legal advice on your rights and representation through filing a claim.