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Hundreds of veterans suing 3M for defective earplugs

Watertown Daily Times - 3/18/2019

March 18-- Mar. 18--Hundreds of veterans are filing lawsuits against Minnesota-based 3M Co. for manufacturing and selling defective combat earplugs, including a claim from a retired Fort Drum soldier.

In 2006, the government entered into a contract with 3M, in which the company supplied an estimated annual quantity of 15,000 earplug packages with 50 pairs per package, at a guaranteed price of about $9 million in sales for the year, according to a federal lawsuit.

The earplugs allegedly didn't maintain a tight seal and allowed dangerous loud sounds to slip through without the wearer knowing. The claimed failure has allegedly resulted in hearing loss and loss of balance in those who used the company's trademarked, dual-ended Combat Arms earplugs during their military service between 2002 and 2013.

Tinnitus, the leading disability claim for veterans, has also been claimed as a result of using the earplugs. The condition causes buzzing or ringing in the ears, despite there being no external sound. The constant perception of sound can have physical and psychological effects, with many sufferers developing anxiety, depression and suicidal thoughts.

Claims report the device is too short to be inserted correctly, allegedly making the earplugs unable to block impulsive sounds such as gunfire or machinery under 190 decibels.

According to the Occupational Safety and Health Administration, the use of hearing protection is required for workers exposed to 155 decibels for more than 15 minutes. Military personnel are exposed to sounds ranging from 103 to 184 decibels on a daily basis, often for hours at a time.

The lawsuits were filed in the U.S. District Court for the Western District of Texas -- Waco Division. Two Houston-based law firms -- Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz and Bell, Rose & Cobos -- have filed 143 lawsuits since Jan. 22.

Eric Johnson, stationed at Fort Drum from 1999 to 2010, said his hearing issues surfaced around 2008.

"I noticed I couldn't wear a Walkman and hear very well and if I answered the phone I had to use my left ear because my right ear was shaky," Mr. Johnson said.

It wasn't until 2010 during his required retirement physical that he was told he had severe hearing loss.

"Now I wear two hearing aids and am totally dependent on them," Mr. Johnson said.

3M has been accused of knowing the product was faulty, which drove Mr. Johnson to sue the company. The earplugs were sold to the military until 2015, when 3M discontinued the product. However, the defective pairs were not recalled and could still be used by soldiers or sold by other vendors, the lawsuit states.

Regardless of his own hearing loss, Mr. Johnson said for him this lawsuit is about the health of past, present and future soldiers.

"Money isn't the focal point; the focal point is our soldiers. When we go to war, we want to know we have the best equipment," Mr. Johnson said. "I was young when I got in, and then I left the Army and I could barely hear. All they had to do was do the right thing."

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