On July 25, the Department of Justice announced in a press release that 3M Company (3M), St Paul, Minn, has agreed to pay $9.1 million to resolve allegations that it knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the United States military without disclosing defects that hampered the effectiveness of the hearing protection device.
The settlement reportedly resolves allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, United States ex rel. Moldex-Metric v. 3M Company alleged that 3M, and its predecessor, Aearo Technologies Inc, knew the CAEv2 was too short for proper insertion into users’ ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military. The claims resolved by the settlement are allegations only, and there has been no determination of liability, said the press release.
The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. The act permits private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to share in any recovery. The Minneapolis Star Tribune reported that the whistleblower was Moldex-Metric, which has previously been involved in patent infringement lawsuits with 3M and had countersued the company for false statements about previous earplug models. Moldex had also previously alleged in lawsuits that the 3M dual-ended earplug didn’t pass certain safety tests which were part of its military contract. As part of the case’s resolution, the whistleblower will receive $1,911,000.
“The Department of Justice is committed to protecting the men and women serving in the United States military from defective products and fraudulent conduct,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division. “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”
3M said in a press statement released on Thursday, “Settling the investigation into this discontinued product at this point allows the matter to no longer be a distraction to the business, and frees former and current 3M employees from having to go through the inconvenience of a protracted investigation and litigation. We take great pride in our products and this resolution is not an admission of liability, but simply a decision to move forward with our mission to provide high quality personal safety equipment products to our customers.”
Source: Department of Justice
My self and my daughter bought these from Cabela’s in 2017. How do I find more information about these ear plugs?
I am a lawyer who has taken on 3M on behalf of my asbestos clients for their defective masks and respirators. If you used these earplugs in the military please call me. Our firm can help you. Visit us at http://www.mwinjurylaw.com.
Daniel Wasserberg
[email protected]
212-897-1988
I’d reach out to this firm. Looks like they’ve worked with veterans before on other cases. https://www.kishishlaw.com/military-earplug-hearing-loss-lawsuit
9.1 Million over 500,000 soldiers equals 20 bucks. Just file a VA claim against it. 10% is like 140 dollars a month.
Hey Brother, not trying to sharp shoot your math, but the $9 Million only went into Uncle Sam’s pocket – as a “Fine” like a traffic ticket issued to the person that cause the Accident, like the 9 Mil, it is separate from whatever the accident victim’s Lawyer sues for.
This is completely separate from our VA claims & ratings.
Personally speaking I have 20% VA disability rating – 10% for hearing loss & %10 for Tenitus for a total hearing VA rating for 20%. My only VA claim I didn’t have to fight for. I had a pretty squared away VSO too.
As an Infantryman, with several deployments to the Middle East and North Africa, I have a lot of mileage on my body, and have learned through the school of hard knocks, the wrong way to pursue things, who not to trust, and what I wish I would have done in the beginning in filing for VA Disability.
And the same applies to any legitimate civilian liability lawsuits related to my service.
Since from my first day of Active Duty, I believed whole heartedly we all have a Duty to help our Brothers & Sisters in Arms. Especially sharing experiences, including with VA.
I want to help save Joes from the despair of being denied what a Joe HAS EARNED & entitled to, like I have.
There have been so many Veteran suicides.
Many of these suicides aren’t just due to PTSD (which is what VA tries so hard to convince deceiced Veteran Family members and the general public), VA has done a significant job working so very hard at their internal/private stratigy of training their employees to do everyting possible to deny Veteran Benefits to our Veterans.
This is the strongly COVETED SECRET OF VA: a great deal of Veteran suicides anen’t just because a Veteran has PTSD (which VA works very hard to make us believe),
THE TRUTH: ONE OF VA’s GREATEST LIES – VERY MANY VETERAN SUICIDES ARE THAT BECAUSE OF THE INJURIES THEY EXPERIENCED IN THE LINE OF DUTY, THEY HAVE A DIFFICULT TIME ERNING AN INCOME THAT SUPPORTED THEIR SELF & FAMILY, BUT ARE NO LONGER ABLE TO DO.
Like everything else, VA trains all its employees to use everything possible to deny all Veterans claims. VA can lie & deny it, but I have it on first hand FACT that part of VA employees job performance ratings are highly weighted on how much they are challenging & denying VETERANS THEIR BENEFITS. Not to mention the deceitful Tactics 3m is likely using to underhandedly actively go to any and all sources they find where Veterans talk and VA pretend to be a Joe and try to deter any Joes to pursue a claim.
So be careful when you are visiting any hub of Veteran discussion. We’ve already called out a few people at some Veteran Blog sites, that turned out wasn’t a Veteran, but found they worked directly or indirectly for 3m. These fake agents of 3m only job is to pretend they’re a fellow Joe and make comments trying to deter Joes from pursuing a lawsuit against 3m, like …
”It’s a waste of your time, Lawyers are going to get most of the money and you’ll only get very little of it”; or the 3m IT commando’s will tell you “ you’re going to have to go through a lot work and headache for only a few bucks”.
DO NOT BELIEVE THE LIES!!!
BUT – it adds considerable power to claims against 3m ear plug Lawsuit, if Joe (“Joe”: affectionate Military reference when a Military person refers to his or her Sisters & Brothers in arms) already has a VA Rating for hearing loss and/or Tennitus.
To get a VA hearing problem acknowledged by VA, you not only, but especially if you were Combat Arms (ie. Infantry, Armor, Artillary …etc or just any Joe that served in a Theatre of War), there’s a Congressional mandate that basically says any Joe that fits the profile, and applies for hearing problem VA Disability, VA is supposed to automatically give it to Joe. Hearing problems are one of the few VA Disability claims VA has to give Joe, who qualify.
DON’T try to file a VA claim yourself! Find you a VA Service Officer (which is someone that works for a Vet organization (like American Legion or VFW) – NOT VA. They’re free no-cost and work hard for Joe against VA.
Bottom line is us Joe’s that qualify, we have nothing to lose by just asking an Attorney what are the options for this ear plug Lawsuit.
BUT – I have been advised that of the two options of suing, either “Class Action Lawsuit “ or “Individual” claim, Joe is usually better off with an Attorney that files an “Individual Claim”.
A solid piece of advice – choose your Attorney with due diligence, check their background (hey with the internet, anybody can do it).
Don’t be deceived by “FALSE VALOR” scumbags that Troll Veteran blog sites lie, trying to deter Veterans from pursuing what they have earned, pretending they are a Veteran, when in truth they are an agent for the enemy.
YOU HAVE NOTHING TO LOSE!!!
As to the fake-Joes, agent of the enemy, we will find you and deal with you….
I used these in 2003 in Iraq. Who do I speak to? Thomas Lewis [email protected]
Hi Thomas, I am a lawyer in NYC, NY. I am working with one the biggest class action firms in the country in investigating these cases against 3M for their horrific actions. It would be a pleasure to speak with you. Please email me at [email protected]
lost 30 % hearing in kuwait in military for 36 years 1979 to 2017
And how does one get involved in this settlement? I served 06-10 using these