Thousands of claims have been made that hearing loss, tinnitus, and loss of balance are due to defective product design. It is believed that the earplugs sold to the Defense Logistics Agency by 3M and its predecessor Aearo Technologies Inc. were too short to properly create an airtight seal when inserted into a user’s ears. This design flaw allows the sound waves from the loud noises to slip through, oftentimes without the user realizing. Testing conducted by 3M revealed the earplugs to be defective, yet the company produced false certifications of military standards.
Not only were 3M’s products defective, they were the only standard equipment on the market. 3M implemented patent infringement litigation in 2012, preventing other earplug manufacturers from selling their products to the military.
As a result of 3M’s gross negligence, many veterans have reported hearing loss, tinnitus (the perception of noise or “ringing” in the ears, and loss of balance. These damages are permanent and can severely affect one’s quality of life. The inner ear is a highly vulnerable structure and can experience damage from both a single exposure to an intense impulse of sound or through long-term continuous exposure.