3M Combat Arms Earplug Lawsuits: Legal Help for Veterans and Service Members With Hearing Loss and Tinnitus

Thousands of U.S. service members wore 3M’s dual-ended Combat Arms Earplugs Version 2 (CAEv2) during training and deployment. Veterans alleged the earplugs were too short to seal properly and could loosen without the wearer noticing, which led to permanent hearing loss and tinnitus. In 2023, 3M agreed to pay $6 billion to resolve the litigation, which covered more than 271,000 claimants. Earlier, in 2018, 3M paid $9.1 million to settle related allegations brought by the U.S. Department of Justice. Before the settlement, juries awarded individual veterans verdicts that ranged from millions to more than $100 million. Filing deadlines depend on your state, your service status, and when you connected your injury to the earplugs. Contact Walch Law for a free case review.

You trusted your gear. On the firing range, in the field, and on deployment, you followed protocol and put in your earplugs. You had no reason to think they weren’t working.

Many veterans now live with a constant ringing in their ears, trouble following conversations, and hearing aids they never expected to need. Hearing loss and tinnitus are the two most common service-connected disabilities among U.S. veterans, and the 3M earplug litigation became the largest mass tort in American history.

At Walch Law, we help veterans and service members understand their rights after a defective product changed their lives. This page explains what went wrong with the Combat Arms Earplugs, what the settlement means, what these cases have been worth, and how much time you may have to act.

What Were 3M Combat Arms Earplugs Version 2?

The Combat Arms Earplugs Version 2 were developed by Aearo Technologies, which 3M acquired in 2008. The earplugs were sold to the U.S. military and became standard-issue hearing protection for service members across every branch from about 2003 to 2015.

The CAEv2 had a unique dual-ended design:

• The olive (closed) end was meant to work like a traditional earplug, blocking as much sound as possible during loud, continuous noise.
• The yellow (open) end was meant to block sudden, dangerous noises, such as gunfire and explosions, while still letting the wearer hear spoken commands and nearby sounds.

The idea was simple: one earplug, two modes of protection. Service members wore them during weapons training, combat operations, vehicle and aircraft duty, and many other high-noise assignments.

Why 3M Was Sued

The lawsuits centered on a design flaw that veterans say 3M and Aearo knew about and failed to disclose.

The earplugs were too short

According to the claims, the CAEv2 was too short to fit deeply enough into many users’ ear canals. Because the stem was short, the earplug’s edge could press against the outer ear, breaking the seal that blocks noise.

They could loosen without warning

When the seal broke, the earplug could slowly back out of the ear. The wearer often had no idea it was happening. Dangerous noise then slipped past what the service member believed was working protection.

Warnings and testing were allegedly inadequate

Plaintiffs alleged that Aearo identified the fit problem during testing years earlier. The proposed fix was to fold back the flanges on the opposite end before inserting the earplug. That instruction was never clearly passed on to the military or to the service members wearing the product. Plaintiffs also alleged that test results were manipulated to make the earplugs appear more effective than they were.

The result, according to the lawsuits, was widespread noise-induced hearing loss and tinnitus among people who believed they were protected.

The $9.1 Million DOJ Settlement

The first major public sign of trouble came from the federal government. A competing earplug manufacturer filed a whistleblower lawsuit under the False Claims Act, alleging that 3M and Aearo knowingly sold defective earplugs to the military without disclosing the design problem.

In July 2018, 3M agreed to pay $9.1 million to resolve the Department of Justice’s allegations. 3M did not admit liability. Still, the settlement drew national attention and helped trigger a wave of individual lawsuits from veterans and service members.

The Largest Mass Tort in U.S. History

Federal cases were consolidated into a multidistrict litigation in the U.S. District Court for the Northern District of Florida. The court rejected 3M’s argument that it was shielded from liability because it built the product for the government.

Bellwether Trial Verdicts

Before any settlement, the court held a series of bellwether (test) trials so both sides could see how juries responded. Veterans won the majority of those trials, and the results put serious pressure on 3M:

Some verdicts included punitive damages, which juries award to punish especially harmful conduct. 3M won several trials as well, a reminder that no case is guaranteed.

Bankruptcy Attempt and the $6 Billion Settlement

In 2022, 3M placed Aearo Technologies into bankruptcy in an effort to pause the litigation. A bankruptcy court dismissed that case in 2023, and the lawsuits moved forward.

In August 2023, 3M agreed to pay $6 billion to resolve the earplug claims. The settlement covered more than 271,000 claimants, and nearly all eligible claimants chose to participate. 3M later elected to pay the entire amount in cash, with payments scheduled over several years.

How Much Are 3M Earplug Cases Worth?

The $6 billion settlement didn’t pay every veteran the same amount. Compensation depended on the strength and severity of each individual claim.

The numbers behind the settlement

• Total settlement: $6 billion
• Claimants covered: More than 271,000
• Simple average: Roughly $22,000 per claimant before attorney fees and costs
• Expedited Payment Option: Claimants with limited evidence could choose a fixed payment of $10,000 for a faster resolution

The average is only a starting point. Some veterans received far less, and veterans with severe, well-documented injuries could receive substantially more.

How Compensation Tiers Were Determined

Payouts under the settlement were based on a points system tied to injury severity and supporting evidence. Key factors included:

What Jury Verdicts Showed

Bellwether verdicts showed what juries thought these injuries were worth when they heard the full story. Awards of $7.1 million and $110 million reflected not only medical costs, but also years of ringing, isolation, frustration, and lost opportunity. Those verdicts are a major reason 3M agreed to a $6 billion resolution.

Who Qualifies for a 3M Earplug Claim?

You may have had a claim if you:

• Served in the U.S. military as active duty, a veteran, a reservist, or a member of the National Guard
• Were issued and used 3M Combat Arms Earplugs Version 2, generally between 2003 and 2015
• Were exposed to loud noise during service, such as weapons fire, explosions, aircraft, heavy equipment, or vehicles
• Were diagnosed with hearing loss, tinnitus, or both after using the earplugs

Military civilian contractors who wore the earplugs while working alongside service members may also have had claims.

Where things stand today

The settlement enrollment period has closed, and most federal claims have been resolved. That doesn’t mean every question is answered. Some veterans may have:

• Questions about their payment amount or claim status
• Concerns about how their claim was handled
• Exposure or injuries that were never evaluated
• Uncertainty about whether any remaining legal options apply to their situation

A short conversation with an attorney can help you understand where you stand.

What Damages Are Recoverable?

Hearing loss and tinnitus affect far more than your ears. They can shape your career, your relationships, and your peace of mind. In a product liability claim like this one, recoverable damages may include:

Medical costs

• Audiology exams and hearing tests
• Hearing aids, which often cost several thousand dollars per pair and need regular replacement
• Tinnitus treatment and therapy
• Future medical care related to your hearing

Disability

• Permanent hearing impairment
• Limitations on the jobs you can perform
• Ongoing difficulty with daily communication

Pain and suffering

• Constant ringing, buzzing, or humming
• Sleep problems, anxiety, and depression linked to tinnitus
• Social isolation and strain on family relationships
• Loss of enjoyment of music, conversation, and everyday life

Loss of income

• Wages lost during treatment
• Reduced earning capacity if your hearing limits your career

A product liability recovery is separate from VA disability benefits. In general, receiving one doesn’t prevent you from pursuing the other, but you should confirm how any recovery may affect your specific benefits.

Why Hire Walch Law?

Taking on a Fortune 500 company is not something you should do alone. Here’s what you get when you work with Walch Law:

• No upfront cost. You pay nothing to get started. We cover the costs of investigating and building your claim.
• Contingency fee representation. You pay no attorney fees unless we recover compensation for you.
• Mass tort experience. We understand how multidistrict litigation, bellwether trials, and settlement programs work, and we know how to position cla