Op/Ed: 3M in court over 'defective' earplugs that caused hearing loss for Hoosier veterans
Throughout my time as commander of Carmel VFW Post 10003, I made it my mission to expand our ranks and recruit young Hoosier veterans to join our post. My focus was twofold: First, I sought to show those who fought in Iraq and Afghanistan how my organization could provide them with assistance with everything from their benefits to finding jobs. Second, I also illustrated how membership in the VFW provides a sense of community and purpose.
However, as I got to know more veterans from the global war on terror, I noticed hearing damage was a common challenge many of them were facing. Even though the military has spent the last several decades prioritizing the protection of soldiers’ hearing, so many young men and women were continuing to struggle with a challenge you normally associate with old age.
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But then I learned about the notorious “3M earplug.”
3M was the primary manufacturer of earplugs, known as the Combat Arms, for the U.S. armed forces between 2003 and 2015. The company sold dual-ended, triple-flange earplugs to every branch of the military, claiming the unique design would provide adequate protection to our troops while helping them maintain situational awareness and hear commands in the heat of battle.
The earplugs 3M designed were defective and did not safeguard the hearing of our soldiers, and to make matters worse, it was later discovered that 3M knew they were defective. Testing completed by the company revealed the earplugs allowed noise to slip through at dangerous levels and penetrate the wearer’s ears. Once this came to light, 3M paid $9.1 million to the U.S. Justice Department to resolve allegations that it supplied the U.S. government with defective earplugs. Today, the company faces lawsuits from more than 200,000 veterans suffering from the hearing damage sustained while they served our country.
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3M could have chosen to fairly compensate these veterans who they knowingly provided with defective equipment which resulted in injury. Instead, they have fought them at every turn. After 16 jury trials, a total of 13 service members were awarded nearly $300 million in damages ― a stunning figure that illustrates the damage 3M caused and the depths of their bad conduct. But this string of losses has not humbled 3M. In fact, 3M has escalated their battle, attempting to use the bankruptcy courts of Indiana to rid itself of the veterans’ legal claims and get immunity for the fraud they waged on those who served our country.
In short, 3M took the earplug cases and transferred them to a defunct subsidiary, which immediately filed for bankruptcy in Indiana. Judge Jeffrey J. Graham in Indianapolis recently held hearings to review 3M’s bankruptcy gambit and determine if this $100 billion corporation can stop veterans from having their day in court. Veterans are suffering from both hearing loss and tinnitus, a ringing in the ears that is unbearable. These conditions exacerbate isolation, PTSD and other struggles that those returning from combat all too commonly face. 3M has proposed that each hearing-damaged veteran should receive less than $5,000 ― an insulting gesture from a company that feigns its appreciation for the military.
Earlier this summer, it was my distinct honor to be sworn in as the state commander for the Veterans of Foreign Wars Department of Indiana. My new role comes with an even greater responsibility to the well-being of all veterans throughout Indiana. 3M’s actions are shameful, and it is particularly upsetting that they are attempting to undermine veterans via the courts of our great state. Hoosiers should condemn 3M’s unacceptable treatment of those who risked everything to protect and defend the values that this corporation treats with such disdain.
Retired U.S. veteran Richard Leirer is the state commander for the VFW Department of Indiana. He served 10 years in the Army, completing two combat tours in Vietnam with assault helicopter companies. In 2018, Leirer was awarded the Veterans of Foreign Wars Dwight D. Eisenhower Leadership Award.
This article originally appeared on Indianapolis Star: 3M earplug lawsuits, payouts: Veterans received defective equipment
