Baltimore Co. veteran: Defense contractor knowingly sold defective earplugs.
Byline: Anamika RoyA U.S. Army combat veteran from Baltimore County is suing a defense contractor, alleging it sold faulty earplugs to the military, which he said caused him hearing loss and tinnitus, according to a lawsuit filed Thursday.
The lawsuit, filed in U.S. District Court in Baltimore, alleges Minnesota-based 3M Co. sold defective dual-ended Combat Arms earplugs, which were designed to block or significantly reduce the sound of explosions but also allow the wearer to hear quieter noises such as commands from fellow soldiers.
Similar lawsuits have been filed against 3M across the country and may soon be consolidated in federal multidistrict litigation. A hearing on whether to consolidate the cases will be held in Washington next month.
The Law Offices of Peter G. Angelos, which is representing plaintiff Joshua Keiner, is prepared to file similar lawsuits on behalf of hundreds of Maryland veterans who experienced hearing loss and tinnitus because of the allegedly defective earplugs, attorney Jay D. Miller said Thursday.
Keiner was stationed at various military bases throughout the country for training and was deployed overseas to South Korea, where he was first issued dual-ended Combat Arms earplugs, the lawsuit states. He was deployed from Korea to Iraq from approximately 2004 to 2005 and again, with a different division, from 2007 to 2008, the lawsuit states.
Keiner alleges that he suffers from the symptoms of tinnitus, associated post-traumatic stress disorder and other injuries because of the defective earplugs given to him during combat and training, the lawsuit states.
The earplugs were originally made by Aero Technologies, which 3M acquired in 2008, but Keiner alleges3M knew about the defects as early as 2008, the lawsuit states. Aero and later 3M had an exclusive contract to supply earplugs to the military between 2003 and 2012.
The earplugs were defective and loosened in the wearer's ear, allowing damaging sounds to enter the ear canal, the lawsuit states. The lawsuit also alleges Aero told test subjects to manipulate a short connector on the earplugs so they would appear to fit securely, leading to the product receiving a satisfactory rating.
"It is our honor to represent these heroes that had suffered hearing loss as a direct result of 3M providing defective earplugs," said attorney Jay D. Miller, of the Law Offices of Peter G. Angelos, P.C. in Baltimore.
The firm will continue to reach out to members of the veteran community who are suffering tinnitus and hearing loss, Miller said Thursday.
3M declined to comment on specific litigation but highlighted its support for veterans in an emailed statement sent by a spokeswoman.
"We have a long history of serving the U.S. military, and we continue to sell products, including safety products, to help our troops and support their missions," the statement said.
Keiner is seeking damages to cover past and future medical expenses, pain and suffering, past loss of wages and future income, among other compensation, the lawsuit states.
3M Co. reached a $9.1 million settlement with the U.S. Department of Justice in July 2018 to resolve allegations that it knowingly sold the dual-ended earplugs to the military without disclosing defects that reduced their effectiveness.
The Justice Department sued 3M under the False Claims Act, claiming the contractor allowed the sale of defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aero Technologies, Inc., knew that the earplugs were too short to be properly inserted into soldiers' ears and that the earplugs could loosen imperceptibly and, as a result, did not perform well for certain individuals. The Justice Department also alleged that 3M did not disclose the design defect to the military.
The allegations were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permits private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to share in any recovery. The whistleblower received $1.9 million as part of the Justice Department settlement, according to a press release.
The case is Keiner v. 3M Company, Case No. 1:19-cv-00452.
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| Publication: | Daily Record (Baltimore, MD) |
|---|---|
| Geographic Code: | 1U5MD |
| Date: | Feb 14, 2019 |
| Words: | 699 |
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