New York Defective 3M Earplug Attorney

Between 2003 and 2015, the 3M Company manufactured and distributed defective combat earplugs. The defect left military service members and contractors with hearing loss and ear damage. These earplugs were used in combat zones and in training exercises.

A whistleblower from one of 3M Company’s rivals inspired an investigation that led to a lawsuit where the company was sued. The False Claims Act suit found that 3M Company was dishonest with government officials about their product.

If you or a loved one suffered hearing loss or damage from using 3M Company’s earplugs, you may be entitled to compensation. At Gattuso & Ciotoli, PLLC, one of our New York Defective Earplug Attorneys would be honored to represent our veterans and service members in the class action lawsuit being brought against the company.

Why Choose Gattuso & Ciotoli, PLLC?

We believe our service members deserve better than what they were given by the 3M Company, and we vow to diligently fight that our clients receive the compensation they deserve if they suffer at the hands of the company.
We understand the personal side of a class action lawsuit as well as the mechanics. We are ready to apply the state and federal rules that apply to your case.
You can rest assured that we will work tirelessly in honor of service members and veterans who deserve justice for the losses they suffered due to the negligence of the 3M Company.

The History of 3M Earplugs

Combat earplugs are created to fulfill two functions for those wearing them in combat and training situations. The 3M Duel-Ended Combat Earplugs served two purposes. If one end was inserted in the ear, the service member could hear things like normal speech, but if the other end was inserted in their ear, their ears were intended to be protected from gunfire or explosions and the accompanying sounds.

While in theory, this seems like a useful piece of protective combat gear. However, in practice, the earplug was designed in a way that did not reach deeply enough into the ear canal. Because of this flaw, the earplugs were too loose, leaving space for the sounds to infiltrate the ear and cause hearing damage.

The 3M Company’s earplug flaw was brought to light when a whistleblower pointed out the defect. The False Claims Act proved that the company knew this defect existed and kept it quiet. They avoided alerting anyone in the military or government officials who could have helped the soldiers avoid hearing damage.

3M Company’s Earplugs Left Injuries in Their Wake

Military service people sustained lasting damage due to the 3M products. The issues they encountered are as follows:

Hearing loss in one or both ears, referred to as severe-related bilateral or unilateral hearing loss
A ringing in the ears known as tinnitus
Hearing loss paired with ringing in the ears

Eligibility for Compensation

For an injury to qualify a person for compensation due to hearing loss or ear damage because of the 3M Company, that person must have the following:

Between 2003 and 2015, they must have served in the U.S. military, the reserves, or they must have served as a Department of Defense contractor.
They must have used military-issued duel-end 3M Combat Arms Earplugs when they served in the military or as a contractor.
During the enlistment period, during the specified time, they must have been diagnosed with a qualifying ailment or injury.

For an individual to qualify for compensation, one must have experienced hearing loss or injury because of the 3M earplugs. They cannot have any of the following:

A diagnosis of pre-existing hearing loss
No diagnosis of tinnitus
Waardenburg syndrome
Branchiootorenal syndrome
Stickler syndrome
Pendred syndrome
Usher syndrome
Otosclerosis
Alport Syndrome
Otosclerosis
Meniere’s disease

If a victim of hearing loss experiences the following, they will not be considered for compensation.

July 2018, 3M pays $9.1 million to Settle the Claim

Because the company knowingly violated the False Claims Act, veterans and service members out of their hearing and knowingly allowed them to experience hearing loss by selling defective earplugs, they settled for $9.1 million. This amount never made it to the hands of any of the people who actually lost their hearing.

The military service people and contractors did not receive a settlement for their injuries. The $9.1 million was to satisfy their governmental contracts.

As of April 2019, 3M Company’s earplug lawsuits were consolidated by Judge M. Casey Rogers of the Northern District of Florida into a multi-district litigation. The court determined that 3M was not eligible for governmental immunity. This means those injured by their actions are entitled to file a class-action lawsuit against the company.

Damages You May Be Entitled To Recieve if You Suffered Hearing Loss or Damage

Contact a New York Defective Earplug attorney today to determine your precise damages if you served in the military and were provided with these flawed products. The 3M Company should be held liable for the damage you have experienced and are experiencing.

You may be entitled to compensatory damages for the following:

Medical expenses and treatment costs
Pain and suffering
Emotional anguish
Diminished enjoyment of life

Currently, there are 230,000 military service members and veterans who are pursuing damages from the 3M company. This company chose profits over the quality of life that our service members have. Our soldiers should not have to live with hearing loss and constant ringing in their ears because of corporate greed.

At Gattuso & Ciotoli, PLLC, we will not tolerate this company’s harmful misconduct.

Contact Us Today

You are entitled to compensation if you have lost your hearing or suffered ear damage due to the faulty product 3M knowingly allowed you to use as protective combat gear. Our experienced team at Gattuso & Ciotoli, PLLC, plans to aggressively fight for our veterans and active service members the way they have put themselves on the line for us. Reach out today to discuss how we can help.