Thousands of British military personnel are taking legal action against 3M, claiming that defective ear protection provided for combat and training resulted in serious injuries such as tinnitus and deafness.
The case mirrors a massive settlement in the United States, where 3M agreed to pay out $6 billion (£4.5 billion) in 2023 to resolve similar claims from over 240,000 US service members and women. However, 3M maintains that the payout was not an admission of liability, arguing its product was effective if used correctly, and says it is prepared to defend itself in the English courts.
The Alleged Defect
The earplugs in question are the Combat Arms Earplugs (Version 2), which were supplied to the Ministry of Defence (MoD) between 2003 and at least 2015.
They were designed to be reversible: one side was intended to block out most sound, while the other was supposed to protect against impact sounds like explosions, while still allowing spoken commands and quieter noises to be heard.
Legal claims suggest the earplugs had a design flaw that caused them to loosen imperceptibly, failing to provide adequate protection.
The UK’s first formal legal claim was launched this week with a “letter before action” sent to 3M on behalf of over 2,000 veterans and military personnel.
“We’ve got very strong evidence that this product was defective, [and] that it suffered from a design flaw,” says Tom Longstaff, a partner at KP Law, which is bringing the case. He highlights that British service members and women have yet to receive “justice and no compensation”, unlike their US counterparts.
Voices of the Veterans and their sustained injuries
The injuries sustained are significant, with many personnel now suffering from tinnitus—a persistent ringing, pulsing, or other noise in the ear or head—and hearing loss.
Research has shown that rates of hearing problems in UK veterans under 75 years old are about 3.5 times higher than in the general population.
For many, the injuries have had a devastating impact on daily life. Former Guardsman Dave Watson, who served with the 1st Battalion Scots Guards, including a tour in Afghanistan from 2007, recalls being given the 3M earplugs and using them for long periods.
Mr Watson, who lost both legs and an arm in a 2010 explosion and has since become a motivational speaker and Invictus Games medallist, first noticed a problem with his hearing about 18 months ago.
“I’d wake up in the early hours of the morning with a ringing in my ears, but I get it all through the day now,” he says. He describes the heavy impact on his family life, stating,
“I can’t hear when my kids are calling me, I can’t hear when my wife is calling me.” He recently had tests confirming he will need hearing aids.
Previous Action and 3M’s Stance
The mass litigation in the UK follows a similar journey in the US. In 2018, 3M paid $9.1 million (£6.8 million) to settle a lawsuit brought by the US Department of Justice, which alleged the company knew the earplugs were too short and could loosen. This was followed by the $6 billion settlement with US veterans in 2023.
Despite the vast sums paid out, 3M has never accepted legal liability. A company spokesperson affirmed their “great respect” for the British Armed Forces and stated that the resolution of the US litigation “did not involve any admission of liability,” reiterating that 3M is ready to defend itself in the English courts.
The Ministry of Defence (MoD) has declined to comment directly on the case against 3 M. An MoD spokesperson confirmed that the government takes the health of its personnel seriously, stating they “always look at how we can reduce noise levels in their working environment [and] provide training, protective equipment and regular hearing tests.”
They also pointed to the Armed Forces Compensation Scheme, which provides no-fault compensation for service-related injuries, a scheme that has paid out 6,735 damage claims for “noise-induced hearing loss” since 2019/2020.
The unfolding legal battle aims to secure justice and compensation for thousands of British service members who believe their hearing loss is a direct result of the allegedly defective earplugs.
Frequently asked questions:
Can I claim Military Deafness?
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 any time after 1987, 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 simple, 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 signs of hearing loss are that you are struggling with one of 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 members 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 could my claim be worth?
Assessing the amount of compensation that will be sought in any case is difficult to establish without knowledge of the injury itself or the impacts it has on you.
For example, we have many heads of loss to consider. For example:
General Damages – Award for the injuries themselves
These are usually assessed in accordance with Judicial College Guidance. This can range as follows:
- Severe tinnitus and NIHL – £36,260 to £55,570
- Moderate tinnitus and NIHL or moderate to severe tinnitus or NIHL alone – £18,180 to £36,260
- Mild tinnitus with some NIHL – £15,370 to £18,180
- Mild tinnitus alone or mild NIHL alone – Around £14,300
- Slight or occasional tinnitus with slight NIHL – £8,890 to £15,370
- Slight NIHL without tinnitus or slight tinnitus without NIHL – Up to £8,560
Special Damages
This can include all other losses as a result of your injuries, which can be:
- Past and Future Loss of Earnings
- Cost of Aiding and Equipment
- Impact on the Labour Market (Smith v Manchester Award)
The amount of compensation that can be recovered will vary depending on a person’s circumstances.
Why should I choose Oakwood Solicitors Ltd to make my Military Deafness claim?
Oakwood Solicitors Ltd agrees to work on your industrial disease claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay us a penny. If you are successful in your claim, we take a percentage of the compensation, meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.
You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign a female advisor to carry out your claim.
Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
Further information:
British veterans with hearing loss start legal battle over ‘faulty’ earplugs.
Military deafness claims: Oakwood Solicitors.
WHAT TO DO NEXT
If you believe your deafness has been brought about by your service or other military claims, 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 323 2784 to find out how we can help you with your enquiry.
Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…
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