3M Combat Arms Earplugs Lawsuit

What Is the 3M Earplugs Lawsuit About?

The 3M Combat Arms Earplugs lawsuit is the largest multidistrict litigation (MDL) in United States history, with over 300,000 plaintiffs. The case centers on defective dual-ended military earplugs — the Combat Arms Earplugs Version 2 (CAEv2) — that were standard-issue hearing protection for U.S. military service members from 2003 to 2015. Plaintiffs allege that a design defect in the earplugs left service members inadequately protected from hazardous noise levels during training and combat, resulting in permanent hearing loss and tinnitus.

The earplugs were originally manufactured by Aearo Technologies and later sold by 3M Company after 3M acquired Aearo in 2008. The federal lawsuits are consolidated in MDL 2885 in the Northern District of Florida before Judge M. Casey Rodgers. In August 2023, 3M announced a $6.01 billion settlement to resolve the litigation, with payments structured over the period from 2023 to 2029.

The case gained national attention when the U.S. Department of Justice filed a False Claims Act lawsuit against 3M in July 2018, based on a whistleblower complaint from competitor Moldex-Metric. 3M paid $9.1 million to settle the government's False Claims Act case, but this did not resolve the hundreds of thousands of individual personal injury claims from service members. For veterans who may have been affected by other military exposures, see our pages on the Camp Lejeune water contamination lawsuit and the AFFF firefighting foam lawsuit.

The Defective Design of CAEv2 Earplugs

The Combat Arms Earplugs Version 2 were dual-ended devices: one olive-colored end was designed to block all sound, and one yellow end was designed to allow verbal communication while blocking hazardous noise levels such as gunfire and explosions. The central allegation in the lawsuit is that the earplug stem was too short for proper insertion into many users' ear canals.

When inserted, the inner flanges of the earplug could fold back imperceptibly, breaking the acoustic seal without the wearer's knowledge. This meant service members believed they had adequate hearing protection when, in fact, the earplugs were allowing dangerous noise levels to reach the inner ear. Plaintiffs allege that Aearo Technologies and 3M knew about this defect based on internal testing conducted as early as 2000, but continued to sell the product to the military without disclosing the problem or providing adequate fitting instructions.

Who Qualifies for the 3M Earplugs Lawsuit?

The 3M earplugs settlement is available to U.S. military service members who were issued or used the Combat Arms Earplugs Version 2 during their service and who subsequently developed hearing-related conditions. The earplugs were widely distributed across all branches of the military from 2003 to 2015.

Lawsuit Timeline

The 3M earplugs litigation has been one of the most significant legal proceedings in American history, growing from a DOJ whistleblower case to the largest MDL ever filed. Here are the key milestones:

Settlement Amounts

In August 2023, 3M announced a $6.01 billion settlement to resolve the Combat Arms Earplugs litigation. This is the largest MDL settlement in U.S. history by number of plaintiffs. The settlement fund is structured with payments from 3M spread over the period from 2023 to 2029. Individual payouts are determined by a tiered points system based on the severity and type of hearing damage.

The settlement uses a points-based system to evaluate individual claims. Higher point totals result in higher payouts. Key factors that affect your point assignment include: the degree of hearing loss documented by audiograms, whether you have a tinnitus diagnosis, your length of military service and earplug use, VA disability ratings, and the quality of supporting medical evidence. For a general understanding of how these calculations work, see our mass tort settlement amounts guide.

How to File a 3M Earplugs Claim

If you served in the U.S. military between 2003 and 2015, used Combat Arms Earplugs, and have hearing loss or tinnitus, here is how to file a claim under the $6.01 billion settlement:

For more information about the filing process, read our guide on how to join a mass tort lawsuit. You can also learn about how mass tort attorneys get paid on a contingency fee basis, meaning you owe nothing unless you receive compensation.

Named Defendants

The 3M earplugs lawsuit names two primary defendants:

• 3M Company — The multinational conglomerate headquartered in Saint Paul, Minnesota. 3M acquired Aearo Technologies in 2008 and continued to supply the CAEv2 earplugs to the military until 2015. 3M is responsible for the $6.01 billion settlement and attempted to use an Aearo bankruptcy filing to limit its liability.
• Aearo Technologies — The original designer and manufacturer of the Combat Arms Earplugs Version 2. Aearo developed the CAEv2 under contract with the U.S. military. Plaintiffs allege Aearo knew about the design defect as early as 2000 but failed to correct it. Aearo's attempt to file for Chapter 11 bankruptcy protection was rejected by a federal judge in 2022.

Notably, the U.S. government is not a defendant in this case. The DOJ's own False Claims Act lawsuit against 3M (settled for $9.1 million in 2018) demonstrated that the government considered itself a victim of 3M's misrepresentations about the earplugs' effectiveness. For another case involving 3M, see the PFAS "forever chemicals" lawsuit.

Medical and Scientific Evidence

The medical evidence in the 3M earplugs case is straightforward: service members who used the defective earplugs during exposure to hazardous noise levels (gunfire, explosions, heavy equipment, aircraft) suffered hearing damage that would have been prevented or significantly reduced by properly functioning hearing protection.

• Internal 3M/Aearo testing: Discovery during the MDL proceedings revealed internal testing documents showing that the company knew the CAEv2 earplugs could loosen and fail to provide the advertised noise reduction. Testing data suggested the earplugs did not consistently achieve their stated Noise Reduction Rating (NRR).
• Bellwether trial evidence: During the bellwether trial series, expert witnesses testified about the earplug design flaw and its connection to hearing damage. Verdicts ranged from defense wins to plaintiff awards of $7.1 million and $77.5 million, reflecting the variability of individual cases.
• VA disability claims: The Department of Veterans Affairs recognizes hearing loss and tinnitus as service-connected disabilities. Tinnitus has been the most common disability among veterans receiving VA compensation for over a decade, and hearing loss is the second most common. Many 3M earplug plaintiffs have existing VA disability ratings.
• Military noise exposure studies: Research by the Department of Defense and independent institutions has extensively documented the hearing risks associated with military service, including exposure to weapons fire, explosives, aircraft, and heavy vehicles during training and deployment.