Difference between revisions of "Hearing Damage From Earplug Usage"
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− | The | + | The Minnesota based 3M business produced the Dual-Ended Combat Arms™ Earplugs that were employed by armed services staff during the period 2003 to 2015 during fighting and training exercises in order to protect staff hearing from gunfire and explosions. Hearing problems are the most frequent issues suffered by soldiers so ear protection is a serious worry for U.S. soldiers. Based on various scenarios, the 3M Dual-Ended Combat Arms™ Earplugs were designed to provide two different levels of protection. The dual-ended earplugs have a design that is easily recognizable. As their name suggests, they were made of of two outward facing plugs, one green and one yellow.<br /><br />When the yellow part was inserted into the ear, this is known as Open Fire mode. This mode was designed to provide normal hearing for peak situational alertness. It would let soldiers to communicate, accept commands and listen to other important noises in the combat field while still providing defense from peak level sounds such as gunfire and explosions. This could have been the desired scenario in combat situations.<br /><br />When the green part was placed inside the ear, this was known as Closed Protection mode. Constant Protection was created to block all sounds more thoroughly in order to offer complete defense. Per 3M, the mode is for high level steady sound situations such as those in tracked vehicles and air support. This mode could have additionally been used in many standard training exercises and environments as well.<br />Alleged Hearing Risks<br />Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military usage and used extensively by thousands of personnel deployed to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was designed to let two separate protection modes, Open Fire mode and Constant Protection mode. The applicable level is determined by which part of the earplug is placed inside the ear, yellow means Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is created to allow for hearing speaking and communicating while still protecting from damaging sound levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely that was useful for personnel operating in track vehicles, in air support or during regular training. Both settings were claimed to stop sounds up to a certain standard but in recent litigation, the government has claimed that neither mode of the ear plug met the Noise Reduction Rating (NRR) which 3M alleged because of an unreported design flaw.<br /><br />$9.1 million Settlement Between 3M and the U.S. Government<br />During July of 2018, the U.S. Department of Justice announced that 3M had agreed to pay $9.1 million to resolve allegations that they knowingly sold the Combat Arms Earplugs v2 to the American military without admitting defects that hampered the effectiveness of the hearing defense device. The lawsuit was originally placed in 2016 under the whistleblower part of the False Claims Act that allows private parties to sue for the federal government when they believe that a defendant has submitted false claims for government funds. In this issue, the whistleblower was granted $1,911,000 for their part in the lawsuit.<br /><br />According to the DOJ press release, the settlement resolved claims that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for correct insertion into users’ ears and that the plugs could loosen imperceptibly and then did not perform well for some people. It was additionally claimed that this design defect was known to 3M but wasn’t shared with the Department of Defense.<br /><br />Harm to Soldiers<br />If the claims against 3M are correct, many personnel could have used faulty plugs that didn’t defend them as the equipment was intended to. Based on the alleged design error, the earplugs could come loose while in the ear unknown to the soldier allowing damaging sounds to find their way inside the ear. [https://www.meneolawgroup.com/defective-products/combat-arms-earplugs/about earplug lawsuit] may have serious and lasting effects including partial or total hearing loss, or tinnitus, a ringing in the ears. Hearing loss is one of the most common issues suffered by active duty and former service personnel. Tinnitus, which could be debilitating, is just as frequent. According to a research scientist with the VA Portland Healthcare System, last year there were over 1.6 million soldiers searching for medical care for chronic tinnitus.<br /><br />You Can be Eligible to Compensation<br />If you or a family member were given Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since had partial or total hearing damage or suffer from tinnitus, your scenario should be reviewed with the Meneo Law Group to discover all options available to you.<br /> |
Latest revision as of 00:13, 15 October 2019
The Minnesota based 3M business produced the Dual-Ended Combat Arms™ Earplugs that were employed by armed services staff during the period 2003 to 2015 during fighting and training exercises in order to protect staff hearing from gunfire and explosions. Hearing problems are the most frequent issues suffered by soldiers so ear protection is a serious worry for U.S. soldiers. Based on various scenarios, the 3M Dual-Ended Combat Arms™ Earplugs were designed to provide two different levels of protection. The dual-ended earplugs have a design that is easily recognizable. As their name suggests, they were made of of two outward facing plugs, one green and one yellow.
When the yellow part was inserted into the ear, this is known as Open Fire mode. This mode was designed to provide normal hearing for peak situational alertness. It would let soldiers to communicate, accept commands and listen to other important noises in the combat field while still providing defense from peak level sounds such as gunfire and explosions. This could have been the desired scenario in combat situations.
When the green part was placed inside the ear, this was known as Closed Protection mode. Constant Protection was created to block all sounds more thoroughly in order to offer complete defense. Per 3M, the mode is for high level steady sound situations such as those in tracked vehicles and air support. This mode could have additionally been used in many standard training exercises and environments as well.
Alleged Hearing Risks
Combat Arms EarplugsManufactured by 3M and its predecessor, Aearo Technologies, Inc, Dual Ended Combat Arms Earplugs, Version 2 (CAEv2) were designed for military usage and used extensively by thousands of personnel deployed to Afghanistan and Iraq from 2003 to 2015. The CAEV2 was designed to let two separate protection modes, Open Fire mode and Constant Protection mode. The applicable level is determined by which part of the earplug is placed inside the ear, yellow means Weapons Fire mode, green for Constant Protection mode. Weapons Fire mode is created to allow for hearing speaking and communicating while still protecting from damaging sound levels from gunfire and explosions. The Constant Protection mode blocked all noise more completely that was useful for personnel operating in track vehicles, in air support or during regular training. Both settings were claimed to stop sounds up to a certain standard but in recent litigation, the government has claimed that neither mode of the ear plug met the Noise Reduction Rating (NRR) which 3M alleged because of an unreported design flaw.
$9.1 million Settlement Between 3M and the U.S. Government
During July of 2018, the U.S. Department of Justice announced that 3M had agreed to pay $9.1 million to resolve allegations that they knowingly sold the Combat Arms Earplugs v2 to the American military without admitting defects that hampered the effectiveness of the hearing defense device. The lawsuit was originally placed in 2016 under the whistleblower part of the False Claims Act that allows private parties to sue for the federal government when they believe that a defendant has submitted false claims for government funds. In this issue, the whistleblower was granted $1,911,000 for their part in the lawsuit.
According to the DOJ press release, the settlement resolved claims that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., were aware that the CAEv2 was too short for correct insertion into users’ ears and that the plugs could loosen imperceptibly and then did not perform well for some people. It was additionally claimed that this design defect was known to 3M but wasn’t shared with the Department of Defense.
Harm to Soldiers
If the claims against 3M are correct, many personnel could have used faulty plugs that didn’t defend them as the equipment was intended to. Based on the alleged design error, the earplugs could come loose while in the ear unknown to the soldier allowing damaging sounds to find their way inside the ear. earplug lawsuit may have serious and lasting effects including partial or total hearing loss, or tinnitus, a ringing in the ears. Hearing loss is one of the most common issues suffered by active duty and former service personnel. Tinnitus, which could be debilitating, is just as frequent. According to a research scientist with the VA Portland Healthcare System, last year there were over 1.6 million soldiers searching for medical care for chronic tinnitus.
You Can be Eligible to Compensation
If you or a family member were given Dual-Ended Combat Arms Earplugs during service in the military from 2003 and 2015, and have since had partial or total hearing damage or suffer from tinnitus, your scenario should be reviewed with the Meneo Law Group to discover all options available to you.