3M Combat Arms Earplug Class Action
If you suffer hearing related medical issues such as hearing loss, tinnitus, or vestibular disturbance, and used the dual-ended Combat Arms Earplugs during your service with the Australian Defence Force (ADF) at any time since 2005, you are encouraged to register for this class action now.
What is the 3M Combat Arms Earplug Class Action about?
This class action concerns the dual-ended Combat Arms Earplugs supplied to ADF personnel from 2005. It has been commenced in the Supreme Court of Victoria on behalf of eligible ADF personnel. The Court recently extended the time for service of the writ while further work is undertaken to prepare the claim.
The class action alleges that the dual-ended Combat Arms Earplugs were defective, not fit for purpose, and not of acceptable quality under Australian consumer legislation, and as a result, the failure of protection of the dual-ended Combat Arms Earplugs has led to total or partial hearing loss, tinnitus, vestibular disturbance and/or other forms of ear damage.
This class action alleges that between 2005 and 2015, Aearo Technologies, and later 3M, manufactured and supplied defective dual-ended Combat Arms Earplugs to ADF personnel.
It is alleged that the defective dual-ended Combat Arms Earplugs failed to form a proper seal when inserted into the ear, meaning they did not protect a user’s ear from the excessive noise associated with the use of combat equipment, industrial equipment, or when working with heavy machinery. This may have led ADF members, employees, and contractors to experience total or partial hearing loss, tinnitus, vestibular disturbance and other forms of ear damage.
This is an image of Shine Lawyers for the purpose of legal action against , 3M Company, and 3M Australia Pty Ltd, and Aearo Technologies LLC (3M). It is not sourced from or endorsed by 3M.
Can I join the 3M Combat Arms Earplug Class Action?
To be eligible to join the 3M Combat Arms Earplug Class Action, you must have:
Served in the ADF, or were employed by or contracted to provide services to the ADF, at any time since 2005;
Used the dual-ended Combat Arms Earplugs in connection with your ADF service/employment; and
Experienced hearing-related injuries, including hearing loss, tinnitus, or vestibular disturbance.
If you are unsure whether you are eligible, we encourage you to register your interest and speak with our team.
How to register your interest in the 3M Combat Arms Earplug Class Action
To register your interest for the 3M Combat Arms Earplug Class Action on a no-cost, no-obligation basis, please click the 'Register for the class action’ button below to fill out the registration form.
Registering helps us keep you informed about important developments in the proceeding and allows us to collect information needed to assess potential claims.
If you wish to participate and be entitled to receive compensation should the matter be successful, you will be required to register your claim.
Frequently Asked Questions
Has a class action already been filed?
Has a class action already been filed?
Yes. Shine Lawyers has commenced a class action in the Supreme Court of Victoria on behalf of eligible current and former Australian Defence Force personnel who allege they suffered hearing-related injuries after using certain dual-ended Combat Arms Earplugs.
The proceeding remains active and is continuing through the Court process.
What were Combat Arms Earplugs designed for?
What were Combat Arms Earplugs designed for?
Combat Arms Earplugs were designed to protect a user’s ears from the loud sounds associated with military training and combat. Being two-sided, they eliminated the need to carry two different sets of earplugs, as one side was designed to block all noise. The other side was designed to block high impact noise while allowing other sounds, such as radio chatter to be heard.
What injuries are covered by the class action?
What injuries are covered by the class action?
The proceeding relates to allegations that the earplugs caused or contributed to hearing-related injuries, including:
Hearing loss;
Tinnitus (ringing, buzzing or similar sounds in the ears);
Vestibular disturbance (loss of balance, vertigo, postural instability or blurred vision).
Do I need to register?
Do I need to register?
In Australia, class actions are generally conducted on an open-class basis. This means that a person may be a group member if they meet the group definition, regardless of whether they have registered.
However, registering is important. Registration allows us to keep you informed about important developments in the proceeding and may assist us to assess any claim you may have as the proceeding progresses. If the case is successful, you will need to register in order to receive any compensation.
What happens after I register?
What happens after I register?
Once you register, our team will keep you informed about important developments in the class action. Depending on how the proceeding progresses, we may contact you to obtain additional information about your military service, hearing-related symptoms or any compensation claims you have previously made.
I have received DVA compensation for my hearing injuries, or have an outstanding claim to the DVA in relation to hearing injuries. Can I still register?
I have received DVA compensation for my hearing injuries, or have an outstanding claim to the DVA in relation to hearing injuries. Can I still register?
Yes. If you believe you meet the eligibility criteria, we encourage you to register even if you currently receive compensation or benefits through the Department of Veterans' Affairs.
The interaction between military compensation laws and any potential compensation recovered through the class action can be complex. We are continuing to consider these issues and will provide further information to registrants as the proceeding progresses.
Please be assured that registering with us will not place your DVA claim or payments at risk. If you have any concerns relating to this, please don’t hesitate to get in touch.
Do I need medical records before registering?
Do I need medical records before registering?
No. If you believe you may be eligible, we encourage you to register even if you do not currently have copies of your medical records. If further information is required later, we will explain what is needed and how it can be obtained.
How much compensation could I receive?
How much compensation could I receive?
It is too early to know whether compensation will ultimately be recovered in the proceeding or, if it is, what any individual group member may receive.
Any compensation outcome would depend on a range of factors, including the progress and outcome of the litigation and each person's individual circumstances.
Will it cost me anything to register?
Will it cost me anything to register?
No. There is no cost and no obligation involved in registering your interest in the class action. Registering allows you to receive updates and obtain information about the proceeding as it develops.
I never worked for the ADF, but I have suffered industrial deafness. Can I make a hearing loss claim?
I never worked for the ADF, but I have suffered industrial deafness. Can I make a hearing loss claim?
If you have suffered partial or complete hearing loss because of your work, you may be eligible to make a hearing loss compensation claim for industrial deafness.
To find out more, please visit here.
Meet the 3M Combat Arms Earplug Class Action team
Shine Lawyers’ 3M Combat Arms Earplug Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.
Why Choose Shine Lawyers?
In successful settlements and judgments
We have secured more than $1 billion in class action settlements and judgments for our group members.
years of collective experience
Our team includes the country’s most experienced class actions experts and litigators with the skill, industry insight and dedication to deliver the best possible outcomes for deserving Australians.
dedicated class actions team members
We are proudly one of the largest class actions teams in the country. Our senior practitioners are supported by a dedicated team devoted to the complex field of class actions.
Media Releases
By registering with us, you are signing up to receive updates on our investigation into a potential class action regarding allegedly defective earplugs manufactured/supplied by Aearo Technologies Inc. and/or 3M, on behalf of current and former ADF personnel who have suffered hearing loss or damage. Registering with us does not establish a solicitor client legal relationship with Shine Lawyers. No court proceedings have been filed and we may ultimately after investigations have concluded decide not to proceed with the case. As we have not entered into a solicitor client retainer with you at this time any rights you may have are not presently protected. Statutory time limits may also apply to your claim. If you have any concerns about your potential claim, please seek independent legal advice immediately.
