Combat Arms Earplugs Do Not Protect as Described Class Action

“Short-form” complaints, like the one in this case, allow a new plaintiff to join a larger class action, which sometimes combines hundreds of similar cases. In this instance, the main case is In re: 3M Combat Arms Earplug Products Liability Litigation, Case No. 3:19-md-2885, filed on September 20, 2019. The product in question, military earplugs intended for combat situations, is alleged not to have performed as described and to have had negative and lasting consequences for the soldiers who depended on them.

The short form complaint announces that it “adopts the allegations, claims and requested relief as set forth in the Master Long Form Complaint[.]” It brings suit against all of the same defendants as in the Master Long Form Complaint, including 3M Company, 3M Occupational Safety, LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, and Aearo Technologies, LLC.

The Combat Arms earplugs were dual-ended, designed to allow soldiers to have two options for use, depending on the way they were inserted. If they were used in the green “closed” position, they were supposed to protect the user from all sounds. If they were used in the yellow “open” position, they were supposed to reduce loud impulse noises like explosions while still letting the user hear lower-level sounds like officer commands or enemy footsteps.

However, earlier complaints have alleged that the earplugs could loosen in the ear without the user being aware of it and thus expose the user to the loud impulse noises they were supposed to be providing protection from.

The 3M Company became the exclusive supplier to the US Military until the earplugs were discontinued in 2015. Earlier complaints claim that 3M knew about the defect even before the earplugs were sold to the government and used by military members. One complaint alleges that the closed end of the earplugs was only half as effective as it was claimed to be and that the open end of the earplugs actually amplified sound.

Military members who used the earplugs claimed to have hearing loss from their use. This short-form complaint alleges that the earplugs caused hearing loss, sequelae to hearing loss, and tinnitus.

From the Master Long-Form Complaint, the short-form complaint adopts the counts of Design Defect, Negligence and Strict Liability; Failure to Warn, Negligence and Strict Liability; Breach of Express and Implied Warranties; Negligent and Fraudulent Misrepresentation; Fraudulent Concealment; and Fraud and Deceit; Gross Negligence; Negligence Per Se; and Consumer Fraud and/or Unfair Trade Practices, among other things.

Article Type: Lawsuit
Topic: News

Most Recent Case Event

Combat Arms Earplugs Do Not Protect as Described Short-Form Complaint

August 7, 2020

“Short-form” complaints, like the one in this case, allow a new plaintiff to join a larger class action, which sometimes combines hundreds of similar cases. In this instance, the main case is In re: 3M Combat Arms Earplug Products Liability Litigation, Case No. 3:19-md-2885, filed on September 20, 2019. The product in question, military earplugs intended for combat situations, is alleged not to have performed as described and to have had negative and lasting consequences for the soldiers who depended on them.

Combat Arms Earplugs Do Not Protect as Described Short-Form Complaint

Case Event History

Combat Arms Earplugs Do Not Protect as Described Short-Form Complaint

August 7, 2020

“Short-form” complaints, like the one in this case, allow a new plaintiff to join a larger class action, which sometimes combines hundreds of similar cases. In this instance, the main case is In re: 3M Combat Arms Earplug Products Liability Litigation, Case No. 3:19-md-2885, filed on September 20, 2019. The product in question, military earplugs intended for combat situations, is alleged not to have performed as described and to have had negative and lasting consequences for the soldiers who depended on them.

Combat Arms Earplugs Do Not Protect as Described Short-Form Complaint
Tags: Defective Product, Earplugs