Defective 3M Military Earplugs
Representing Veterans and Service Members Harmed by Defective Combat Arms Earplugs
Between 2003 and 2015, millions of U.S. service members were issued dual-ended Combat Arms Earplugs, Version 2 (CAEv2), manufactured by 3M and Aearo Technologies. These earplugs were designed to protect soldiers from hearing damage during training exercises and combat operations.
However, whistleblower allegations and subsequent litigation have revealed that these earplugs may have been defectively designed and improperly tested — potentially exposing hundreds of thousands of military personnel to permanent hearing loss and tinnitus.
The Michael Brady Lynch Firm is closely monitoring developments in the 3M Earplug Multidistrict Litigation (MDL) and evaluating claims on behalf of injured veterans.
About the 3M Combat Arms Earplugs (CAEv2)
3M served as the exclusive supplier of the Combat Arms Earplugs (CAEv2) to the U.S. military during major overseas conflicts, including the Iraq War, the War in Afghanistan, Operation Ocean Shield, and American-led interventions in Syria and Libya, as well as other global military operations between 2003 and 2015. The CAEv2 earplugs were marketed as dual-purpose hearing protection devices. In “Closed” or blocked mode (green end), they were designed to function like traditional earplugs by blocking harmful sound. In “Open” or unblocked mode (yellow end), they were intended to reduce impulse noises such as gunfire and explosions while still allowing service members to hear commands and approaching threats.
Allegations of Design Defects
Lawsuits allege that the CAEv2 earplugs were defectively designed because they were too short to properly seal within the ear canal. As a result, the earplugs could loosen without the user’s knowledge, and the seal could break even when worn according to standard instructions. Both ends of the device were allegedly affected by the same design flaw, which plaintiffs contend resulted in inadequate protection against high-decibel battlefield noise. Because the earplugs could gradually and subtly dislodge, many service members may not have realized they were left unprotected during exposure to gunfire, aircraft noise, and explosive blasts.
Allegations of Altered Testing Data
According to whistleblower claims filed under the False Claims Act, internal testing revealed the earplugs did not meet the required 22-decibel noise reduction rating.
Instead:
- Testing showed performance closer to 10.9 decibels
- Researchers reportedly discovered that folding back one flange in a specific way allowed the device to meet standards
- This adjustment method was allegedly not disclosed to the U.S. military
The whistleblower action resulted in a $9.1 million settlement with the federal government. However, that settlement did not resolve personal injury claims brought by veterans.
3M Earplug Multidistrict Litigation (MDL 2885)
Due to the large number of lawsuits filed nationwide, cases have been consolidated into MDL 2885 in the U.S. District Court for the Northern District of Florida.
At one point, the litigation included more than 150,000 filed cases, making it one of the largest mass tort proceedings in U.S. history.
The MDL process allows coordinated discovery, expert testimony, and bellwether trials while preserving each veteran’s individual claim.
Impact on VA Benefits
Many veterans understandably ask: Will filing a lawsuit affect my VA disability benefits? The answer depends on individual circumstances. In some cases:
- Service-connected disability benefits may not be subject to reimbursement
- The VA or Tricare may have recovery rights in certain situations
- Settlement structures may impact income-based eligibility
A careful review of your disability determination is essential before proceeding.
Compensation May Include
Veterans pursuing claims may seek compensation for:
- Medical expenses
- Ongoing treatment
- Hearing devices and therapy
- Pain and suffering
- Loss of quality of life
- Other related damages
Each claim is evaluated based on documented injuries and service history.
Get Justice
The Michael Brady Lynch Firm’s complex litigation attorneys have more than two decades of experience handling mass tort and product liability claims nationwide. If you or a loved one served in the military and later developed hearing loss or tinnitus after using 3M Combat Arms Earplugs, you may have legal options.
📞 Call 888-585-5970 for a free consultation.
We are committed to protecting the rights of those who have served our country.