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3M Defective Combat EarPlugs Archives

When And Where Should I File A Claim Against 3M?

When pursuing a defective ear plug claim against 3M for its Combat Arms Earplug (Version 2), you have at least two potential states you could file your lawsuit. The first state is the state where you used the defective Combat Arms Earplug (Version 2) and/or sustained your injuries. The second state is where 3M is headquartered. Each state has different laws on when a lawsuit against 3M for its Combat Arms Earplug (Version 2) has to be filed. In Ohio, the statute of limitations (time to file your lawsuit) for product liability and negligence claims is two years from the date that you knew or should have known that the Combat Arms Earplugs caused your hearing loss or tinnitus. In Minnesota, however, where 3M is headquartered, the statute of limitations is 6 years for negligence claims and 4 years for product claims alleging strict liability.

The Underlying Whistleblower Lawsuit Against 3M

On May 12, 2016, Moldex-Metric, Inc. ("Moldex"), in the name of the United States Government, filed a lawsuit against 3M company for false statements it made to the government regarding the safety of the dual-ended Combat Arms Earplug (Version 2), which 3M sold to the U.S. Military for over 10 years. The Government, through Moldex, claimed that 3M knowingly sold the government Combat Arms Earplug (Version 2) that 3M knew did not work properly. In fact, Moldex claimed that 3M employees were aware that 3M's Combat Arms Earplugs did not work as safely at 3M claimed as early as 2000. Specifically, amongst many allegations, Moldex, asserted that 3M or its affiliated companies knowingly sold Combat Arms Earplug (Version 2) to the military without disclosing that the design of the earplugs were defective, the testing of the earplugs 3M relied on were flawed, and that the noise reduction rating that 3M claimed for the earplugs was not accurate. 

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