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Defective Products — 3M Combat Arms Earplugs Lawsuit

3M Combat Arms Earplugs Lawsuit

3M / Aearo Technologies — Military Hearing Loss and Tinnitus Claims

3M's dual-ended Combat Arms earplugs (Version 2), issued to U.S. military personnel from approximately 2003–2015, were found to be defectively designed, allegedly causing hearing loss and tinnitus in hundreds of thousands of veterans. The resulting MDL was the largest mass tort in U.S. history by case volume, resulting in a $6 billion settlement.

The Defect: Why 3M Combat Earplugs Failed

The 3M Combat Arms Earplugs (Version 2, or CAEv2) were a dual-ended product: one end for blocking all sound and one end for allowing some sound through while blocking impulse noise. They were standard-issue to many U.S. military branches from approximately 2003 to 2015 and used in training and combat environments.

The core allegation is that the earplugs were too short to be properly inserted in the ear canal, and the flanges at the end would imperceptibly loosen during use — allowing dangerous noise levels to reach the wearer even when the earplugs appeared to be properly inserted. The manufacturer allegedly knew of this design defect by 2000, based on internal testing, but continued to supply the products to the military without disclosure.

3M acquired Aearo Technologies — the original manufacturer of the earplugs — in 2008. 3M agreed to pay the U.S. government $9.1 million in 2018 to resolve False Claims Act allegations that it knowingly sold defective earplugs to the military. This settlement was a key piece of evidence in subsequent private civil litigation.

The MDL and $6 Billion Settlement

The 3M Combat Arms Earplug litigation became the largest MDL in U.S. history by case volume, with approximately 280,000+ cases consolidated in the Northern District of Florida (In re: 3M Combat Arms Earplug Products Liability Litigation, MDL No. 2885). The litigation featured 16 bellwether trials and a mixed record — with both significant plaintiff verdicts and defense wins.

In August 2023, 3M announced a settlement of approximately $6.01 billion to resolve the litigation over time (2023–2029). The settlement is an opt-in fund, and individual claimants must meet eligibility criteria and submit claims through the established process.

Veterans who were part of the MDL or have pending claims need to navigate the settlement claims process. The claims deadline and eligibility criteria are governed by the settlement agreement. Veterans with pending cases who have not enrolled in the settlement or retained counsel should seek immediate legal guidance.

Who May Qualify

3M Combat Arms earplug claims are available to U.S. military veterans and active-duty service members who were issued or used the 3M CAEv2 dual-ended combat earplugs during the relevant period (approximately 2003–2015) and subsequently suffered hearing loss, tinnitus (ringing in the ears), or both.

Military service records documenting service during the relevant period, audiological records documenting hearing loss or tinnitus, and VA disability rating records (if applicable) are key pieces of evidence. The severity of hearing loss and tinnitus, the extent of documented noise exposure during service, and the degree to which hearing loss has impacted employment and quality of life affect claim valuation.

Because the $6 billion settlement has specific eligibility criteria and claim submission requirements, veterans should consult with an attorney familiar with the settlement process to understand their options and deadlines.