Don’t Fall For a Lawsuit Scam: Steps for Receiving Compensation for Defective Combat Earplugs

As U.S. citizens, we depend on the military to keep our borders safe, protect us against foreign aggression, and provide support for our overseas allies—and this is asking a lot of the nation’s service personnel. The least we can do is ensure the military has effective protective equipment like combat earplugs. 

Unfortunately, it seems the military is working with defective equipment, specifically when it comes to combat earplugs. Thankfully, there are steps to filing a defective combat earplug lawsuit that can help you recover compensation if you experience hearing loss.

The Case Against 3M

Chances are you’re familiar with the 3M brand. The company manufactures a variety of products like stationery, dental items, and even safety signs. The brand up until a few years ago also supplied combat earplugs to the U.S. military, and this is when the problems began.

The earplugs manufactured by 3M are defective and it’s something the brand is aware of. Instead of disclosing the product defect to the U.S. military, the brand continued supplying troops with the inferior earbuds.

As a result, military personnel began reporting a host of health issues that include severe hearing loss, chronic tin tinnitus, and other health problems. In response, the U.S. Federal Government filed lawsuits and a False Claims Act case against 3M. 

In 2018, the earbud manufacturer settled the case for $9.1 million. But, before you get excited and start thinking about filing a claim to recover some of the government’s compensation, take a deep breath.

The government and 3M only settled the case filed under the False Claims Act. The other lawsuits are no longer pending and this means military personnel are not eligible to recover any of the $9.1 million award.

Even though 3M stopped producing the defective earplugs back in 2015, it may still be possible for affected military members to file a lawsuit for compensation. However, remember how we mentioned they are currently pending lawsuits against 3M? Be wary before joining an existing lawsuit, some are scams.

So, how can you recover compensation without falling for a scam? A good suggestion is to talk to an injury attorney about your potential claim.

Requirements for Filing a Defective Combat Earplug Claim

Simply using the defective earbuds isn’t enough to file a claim. No one is going to stop you from filing out the paperwork or even submitting a claim, but it’s probably not going to go very far. You must meet the following requirements to have a potential claim:

• You used the defective combat earplugs during training exercises or while deployed on active duty. Wearing the earplugs around your home probably doesn’t meet this requirement.
• The earbuds were worn between 2003 and 2015. There aren’t any exceptions to this requirement. These are the years the defective earbuds were being manufactured and supplied to military personnel.
• You suffered some form of hearing loss, tinnitus, or other medical condition directly caused by the faulty earplugs.

If you’re wondering why you can usually only file a compensation claim if you used the earplugs during military training exercises or while deployed on active duty, the answer comes down to decibels. 

Noise from a lawnmower or motorcycle can be irritating but the decibel levels aren’t considered dangerous. These sounds typically register below 75 decibels which is considered safe.

Sounds coming from military equipment and weapons firing can easily reach levels well above 75 decibels, and this is when issues like hearing loss can appear. This is also when you probably have grounds for filing a claim against the manufacturer and/or their insurance provider.

How Hearing Loss Is Defined

The primary requirement for recovering compensation for defective earplugs is hearing loss. You can also qualify if you’re suffering from other health conditions like tinnitus. Simply having to ask someone to repeat a statement doesn’t always qualify as hearing loss, so what does?

Medical experts typically place hearing loss in one of four categories that are as follows:

• Mild hearing loss can disrupt your daily life. The condition is usually diagnosed when background noise affects your ability to hear sounds close to you like a conversation.
• Moderate hearing loss can make it difficult to hold conversations in person or over the phone. You typically need the person to continuously repeat their statements even when background noise isn’t present.
• Severe hearing loss typically means you’re required to wear hearing aids or another medically-approved device. You may need someone to interrupt conversations since you have difficulty making out the words.
• The final category is profound hearing loss. Even hearing aids may not be enough to resolve the issue. To hear conversations, you may need to undergo surgery to have a cochlear or similar device implanted in or near your ear.

A hearing loss specialist can diagnose your degree of hearing loss. If you’re suffering other health problems stemming from your loss of hearing or overexposure to loud noises, they may also be able to diagnose your condition. Something to keep in mind is hearing loss can be gradual. Some people don’t realize the extent of the damage until years later.

Even though it’s never a good idea to wait to file a lawsuit, sometimes you don’t have a choice. If you’re worried about the statute of limitations running out or missing a filing deadline, an injury attorney can help ensure your potential claim stays on track.

Filing a Compensation Claim for Defective Combat Earplugs

Meeting the requirements for filing a claim isn’t a reason to celebrate, and this means you suffered an injury while serving your country. Thankfully, you may be able to recover compensation for your damages, which can include compensation for things like your medical expenses, lost income, and emotional anguish.

While you can fill out the paperwork without legal guidance, and even include your supporting evidence like medical and service records, it usually helps to have an attorney working with you. You’re filing a lawsuit against an international corporation and their lawyers are waiting to try and reduce the value of your claim. An attorney can help ensure you receive fair compensation for your hearing loss injuries.