250,000 veterans agree to $6billion settlement for military deafness

A $6 billion settlement is set to move forward after more than 250,000 US army veterans alleged that ear plugs provided by employers to block out the sound of explosions has caused them ear damage due to design flaws.

The lawsuits relate to allegations made by US army personnel during the height of the Iraq and Afghanistan wars after they were provided with earplugs manufactured by health and safety giant 3M.

The cases revolve around 3M’s Combat Arms Earplugs, Version 2, that were issued to troops between 2003 and 2015. The earplugs were dual sided with one side meant to block out all sound and the other meant to protect from loud sounds such as explosions while letting the user hear soft noises such as speech.

However, lawsuits filed by nearly 300,000 veterans and service members alleged the earplugs had flaws that allowed them to slip in users’ ears without them noticing, let in damaging noise which resulted in hearing loss and tinnitus.

The settlement in what has been one of the largest federal mass tort cases in U.S. history was announced in August, but the deal stipulated that it would move forward only if at least 98% of the veterans who filed claims against 3M agreed to it. With the deadline for veterans to opt-in now past, the company announced Tuesday that 99% of eligible claimants have agreed to participate in the settlement.

“Once all the settlement registrations that have been submitted by claimants have been processed and validated, 3M anticipates that the settlement will have achieved a more than 99.9% participation level,” the company said in a news release.

Before the settlement, some lawsuits had gone to trial and saw mixed results.

Out of more 293,000 claims filed before the settlement, more than 249,000 claimants registered to participate in the settlement and more than 41,000 claims were dismissed by courts, 3M said Tuesday.

While it agreed to the settlement, 3M continues to deny liability and maintains the earplugs were “safe and effective for its intended purpose” when “used properly.”

Bryan Aylstock, a lead attorney for the plaintiffs, told Military.com on Wednesday his team is happy to see the settlement moving forward.

“We’re definitely pleased with the level of support both from service members and veterans, also veterans service organizations, and pleased with settlement itself,” he said in a brief phone interview.

While veterans groups backed the settlement and the vast majority of claimants opted-in, some veterans have been vocal about believing the deal did not go far enough.

Some settlement payments were already issued earlier this year, but the bulk will be paid out on a rolling basis through 2029. Under the terms of the settlement, the exact amount each claimant will get will be based on their medical records.

Military deafness in the UK

In the UK, similar cases have been seen where people in the armed forces have made a claim after suffering from noise induced hearing loss or tinnitus due to their work.

Military deafness claims are made when current or former members of the UK armed have suffered from hearing loss as a result of their time in service. This could be due to being exposed to high levels of noise in firing exercises and drills, failure to be given proper training or protective equipment, or negligent exposure to excessive noise.

Military deafness can severely impact a person’s life. Some people are left completely deaf, and others may find it difficult to follow conversations or experience tinnitus in their ears as a result of the hearing loss.

Last year, more than 10,000 people were reportedly suing the Ministry of Defence for military deafness and others have already received a payout.

Figures show the MoD has paid out £ 95 million in nine years over hearing loss and tinnitus, and the Royal British Legion estimates around 300,000 veterans are living with hearing loss.

Meanwhile, in recent years, the MoD was fined more than a million pounds after two Royal Marine veterans won £500,000 and £700,000 payouts.

Military Deafness – can I make a claim?

If you have been an employee of the MOD, either present or in the past, and you feel your hearing has been affected, then potentially you could be able to claim. If you have been employed by the MOD anytime after 1998 then you may be able to claim.

We will need to determine the circumstances of your employment with them and whether you will have had sufficient exposure to noise. All of this can be considered and determined in a discussion with you.

We will also need to determine whether your hearing has been affected by the noise you have been exposed to and this can be determined by a simply, quick and painless hearing test.

We would always encourage anyone who has potentially been exposed to noise with their employer to contact us sooner rather than later, as there are certain time bars to bring claims which we also need to consider.

What are the signs of Noise Induced Hearing Loss?

The most common signed of hearing loss is that you are struggling with one the following:

• Difficulty hearing with background noise.
• Struggling to follow conversations.
• Asking people to repeat themselves.
• Missing sounds, such as birdsong.
• Turning up the TV volume.
• Family making comments about your ability to hear.
• You may also be suffering from tinnitus – otherwise described as a ringing or buzzing in your ears – this can be continuous or intermittent but can be a sign that hearing has been damaged by noise.

WHAT TO DO NEXT

Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.