Hundreds of thousands of U.S. military members stepped up, served their country, and trusted their issued equipment to protect them. For many who served between 2003 and 2015, that trust was broken by a small, seemingly simple piece of gear: the 3M Combat Arms Earplugs version 2.
The fallout resulted in the largest mass tort litigation in U.S. history and a massive $6 billion settlement. This defect was significant, leading to permanent hearing damage for people who relied on these earplugs in high-noise environments.
If you're one of the many affected, you likely have questions about what happened, what the settlement means, and if there's anything you can still do. The legal landscape here has shifted dramatically.
Need help figuring out your situation regarding the 3M earplug issues? Lawsuits.com connects you with a vetted 3M Earplugs Lawsuit lawyer who handles these types of cases. Give us a call at (888) 984-6195 to discuss your potential options.
Table of contents
- What Went Wrong?
- The Injuries Suffered
- The Government Got Involved: The False Claims Act Settlement
- Enter the MDL
- Fighting Back: Bellwether Trials and 3M's Defense
- The Big Settlement: $6 Billion Reasons to Pay Attention
- What About VA Benefits? Can You Get Both?
- The Clock is Ticking (Or Has It Stopped?): Deadlines and Current Status
- Your Hearing, Your Rights: Get Answers
What Went Wrong?
So, what’s the big deal about these specific earplugs? They weren't just any foam plugs. The 3M Combat Arms Earplugs version 2 (CAEv2) had a distinctive dual-ended design. One side was supposed to offer traditional hearing protection, blocking most sound, while the other end was designed to block loud impulse noises like gunfire or explosions while still allowing quieter sounds like commands to be heard.
Sounds useful, right? Except there was a problem. The lawsuits alleged the earplugs had a design flaw: they were too short for some users' ear canals. This meant they could subtly loosen, breaking the necessary seal without the wearer even realizing it.
This wasn't a secret that only surfaced recently. The original manufacturer, Aearo Technologies (which 3M acquired in 2008), allegedly knew about the potential defects and testing issues years before the product was widely distributed to the military starting around 2003.
Making matters worse, internal records eventually revealed a stark contrast in cost versus price. Documents showed these earplugs cost about 85 cents per pair to make but were sold to the military for $7.63 per pair. Service members relied on this product for protection during training and combat deployments up until 2015.
The Injuries Suffered
Using potentially defective hearing protection in environments filled with gunfire, explosions, aircraft, and heavy machinery? Yeah, that’s a recipe for serious, permanent damage. The primary injuries claimed in the lawsuits were noise-induced hearing loss and, very commonly, tinnitus.
Tinnitus is more than a minor annoyance; it involves the perception of noise or ringing in the ears when no external sound is present. For many veterans, this means a constant buzzing, hissing, clicking, or roaring sound that never truly goes away. It interferes with sleep, concentration, and overall quality of life.
Similarly, hearing loss goes beyond needing to turn up the TV volume, affecting communication with family and friends, situational awareness, and leads to social isolation and frustration. For those who served, these injuries represent a significant betrayal of trust and have lasting daily consequences.
These conditions impact mental health, job prospects, and the simple ability to enjoy peace and quiet.
The Government Got Involved: The False Claims Act Settlement
Before the wave of individual lawsuits from service members began, the U.S. government itself took notice of issues with the earplugs. This initial action focused on the integrity of government contracts rather than compensating individual injuries.
In July 2018, 3M agreed to pay $9.1 million to resolve allegations that it knowingly sold the defective CAEv2 earplugs to the U.S. military without disclosing the known defects and testing issues. This settlement was reached under the False Claims Act (31 U.S.C. §§ 3729–3733), a federal law that imposes liability on persons and companies who defraud governmental programs.
It's important to note that 3M did not admit liability as part of this settlement. They paid the amount to resolve the government's allegations, essentially closing that specific chapter concerning the procurement process.
However, this government settlement acted as a catalyst. It brought widespread attention to the earplug defects and validated the concerns of service members who suspected their hearing issues might be linked to the faulty equipment. This paved the way for the massive personal injury litigation that followed.
Enter the MDL
That $9.1 million DOJ settlement was just the beginning. Once the news broke, individual lawsuits started pouring in from veterans and active-duty members across the country. Handling hundreds, then thousands, then hundreds of thousands of similar cases individually would have overwhelmed the court system.
This is where a legal process called Multidistrict Litigation (MDL) comes in. Under federal law (28 U.S.C. § 1407), civil cases pending in different federal districts that share common questions of fact can be transferred to a single district court for coordinated or consolidated pretrial proceedings. Think of it as streamlining the early stages of many similar lawsuits.
The 3M earplug cases were consolidated into MDL No. 2885, assigned to the U.S. District Court for the Northern District of Florida. This MDL grew rapidly, eventually becoming the largest in U.S. history, with nearly 400,000 claims filed at its peak.
The goal of an MDL is not to merge all cases into one giant trial, but rather to manage discovery (gathering evidence), pretrial motions, and potentially settlement discussions more efficiently and consistently.
Fighting Back: Bellwether Trials and 3M's Defense
With an MDL of this unprecedented size, figuring out the potential outcomes required testing the waters. How would juries react to the evidence and arguments from both sides? This is done through "bellwether trials."
Bellwether trials involve selecting a small number of representative cases from the larger pool to go through the full trial process. These trials act as test cases, providing valuable insights for both plaintiffs and defendants about the strengths and weaknesses of their positions, potential jury awards, and the overall viability of the litigation.
In the 3M MDL, 16 bellwether cases went to trial. The results were largely unfavorable for 3M. Plaintiffs won 10 of these trials, with juries awarding substantial damages totaling over $250 million across those cases. These outcomes put significant pressure on 3M.
Throughout the litigation, 3M maintained its products were safe and effective when used properly. A key legal argument they raised was the Government Contractor Defense. This legal doctrine sometimes shields federal contractors from liability for injuries caused by products made according to government specifications, provided certain conditions are met.
3M argued it made the earplugs to the military's specifications and the government knew about the design. However, the courts, including the Eleventh Circuit Court of Appeals, ultimately rejected this defense in the context of these earplug cases, finding that 3M did not sufficiently warn the government about the known risks.
The Big Settlement: $6 Billion Reasons to Pay Attention
Facing mounting losses in the bellwether trials and the rejection of its primary legal defense, the pressure for 3M to resolve the litigation intensified. Continuing to fight hundreds of thousands of individual cases after those test trial losses looked like an increasingly risky and expensive path.
In August 2023, a landmark agreement was reached. 3M agreed to pay a total of $6 billion to settle the vast majority of the lawsuits brought by U.S. military service members and veterans alleging hearing loss and tinnitus caused by the CAEv2 earplugs. The settlement consists of $5 billion in cash and $1 billion in 3M common stock, payable over several years.
This settlement aimed to resolve claims from potentially hundreds of thousands of individuals. To ensure the deal moved forward, it included thresholds for claimant participation. By March 2024, reports indicated that over 99% of eligible claimants had opted into the settlement program, surpassing the required participation levels.
Payments under the settlement began and are scheduled to continue through 2029. The amount each individual claimant receives varies based on factors like the severity of their documented hearing damage, whether they have tinnitus, and other case-specific details. Reported payout ranges generally fall between $5,000 for less severe claims up to potentially $250,000 for those with the most significant injuries, though these are estimations.
By July 2024, a significant portion of the initial payments had already been distributed, with over $819 million paid out to nearly 48,000 claimants, marking substantial progress in executing the complex settlement plan.
What About VA Benefits? Can You Get Both?
A very common question among veterans involved in this litigation was how a potential settlement might affect their Veterans Affairs (VA) disability benefits. If you receive compensation from the VA for hearing loss or tinnitus, could you also receive money from the 3M settlement?
The general answer is yes, veterans typically pursue and receive compensation from both sources. They address different things. VA disability benefits compensate veterans for medical conditions or injuries that were incurred or aggravated during military service, based on a disability rating system.
A personal injury settlement, like the one from 3M, compensates individuals for damages caused by a specific wrongful act – in this case, the alleged negligence and product defects related to the earplugs leading to injury. It's compensation for harm caused by a third party's product.
Because these are distinct types of compensation serving different purposes (one based on service-connected disability status, the other on proving damages from a defective product), receiving a settlement payment from the 3M lawsuit generally does not disqualify a veteran from receiving their earned VA disability benefits for hearing issues.
The Clock is Ticking (Or Has It Stopped?): Deadlines and Current Status
$6 billion is a massive figure, and hundreds of thousands participated. But what if you suffered hearing damage, used the earplugs, and haven't filed anything yet? Is it too late?
The reality is that the main legal battle, the MDL, is largely concluded. As of April 2025, only a handful of cases (around 41) remained active within the MDL structure, primarily those not participating in or resolving through the main settlement program. The overwhelming majority of the nearly 400,000 filed claims are being processed via the $6 billion settlement agreement.
The settlement itself had specific deadlines for claimants to register, submit documentation, and formally opt-in to receive payment. Participation rates exceeded 99%, meaning most eligible individuals who intended to join the settlement likely met those deadlines.
So, can you still file a new lawsuit today? While technically possible to file an individual lawsuit outside the now-winding-down MDL, it faces major challenges. Statutes of limitation (legal time limits to file a claim after an injury is discovered) are a significant hurdle. Proving your case independently, without the shared resources of the MDL, is also more difficult and costly.
For most individuals who believe they were harmed by the 3M earplugs but did not participate in the MDL settlement, the window of opportunity has likely closed. However, every situation is unique. If you have just discovered a significant hearing issue potentially linked to these earplugs, seeking legal advice immediately is paramount, but manage expectations – the path is much harder now than it was a few years ago.
Your Hearing, Your Rights: Get Answers
Your service demanded sacrifice, and you deserved equipment that protected you, not harmed you. The 3M earplug saga revealed a failure that impacted countless veterans and service members, leading to permanent hearing damage for many.
While the main settlement process is well underway and the massive MDL is concluding, understanding your own situation is still important. Were you affected? Did you file a claim? Do you have questions about the settlement process if you are part of it?
Don't stay in the dark. If you used 3M Combat Arms Earplugs version 2 between 2003 and 2015 and suffered hearing loss or tinnitus, get clarity on your circumstances. Call Lawsuits.com today at (888) 984-6195. We connect people like you with lawyers in our network who are familiar with product liability cases and review the specifics of your potential claim.