What the settlement means
The 3M Combat Arms earplug litigation concerns allegations that a dual-ended hearing protector caused hearing loss or tinnitus. Two separate settlements often appear in coverage: a 2018 government case and a 2023 agreement addressing individual injury claims.
A settlement headline cannot tell you whether you have a valid claim. Your signed agreements, case history, applicable deadlines, and evidence matter. This guide explains the background and points you to official records.
Educational information, not legal or medical advice. A qualified attorney can assess your rights and deadlines. A VA-accredited representative can help with a benefits claim.
What were the allegations?
The product was the dual-ended Combat Arms Earplug Version 2, commonly called CAEv2. The U.S. government alleged that its design was too short for proper insertion in some users and could loosen without the wearer noticing, reducing protection. The government also alleged that this defect was not disclosed to the military. These were allegations, not a finding that every wearer suffered an injury. [1]
In July 2018, 3M agreed to pay $9.1 million to resolve the False Claims Act allegations. The Justice Department stated that no determination of liability had been made. That government settlement was separate from the later personal-injury settlement. [1]
Individual claims alleging hearing loss or tinnitus were consolidated for pretrial proceedings in the Northern District of Florida in April 2019 as MDL No. 2885. An MDL coordinates related lawsuits; it should not be confused with an automatic payment program for everyone who used the product. [2]
A short timeline
- 2018: Government settlement. The Justice Department announced the $9.1 million resolution. [1]
- 2019: Federal cases centralized. The Florida MDL brought related cases together for pretrial proceedings. [2]
- 2023: Individual-claim settlement announced. The court described an agreement addressing nearly 250,000 MDL lawsuits and related Minnesota claims, without an admission of liability. [2]
- 2024 onward: Settlement administration. The court issued guidance addressing award notices and payment procedures. Participants should obtain their own status from counsel or the official settlement portal. [2]
The settlement and reported status
3M’s Form 10-Q for the quarter ended June 30, 2026 reports the following. These are company disclosures, not a determination of any reader’s eligibility. [3]
| Item | Reported information |
|---|---|
| Total commitment | Up to $6 billion, with contributions scheduled between 2023 and 2029 |
| Participation | More than 99%, exceeding the required 98% threshold |
| MDL status | 3M reports that the court confirmed all MDL cases were resolved as of September 2025 |
| Other litigation | 3M acknowledges that litigation may continue or be filed, including internationally |
The filing also states that 3M and Aearo believe the product was safe and effective when used properly and that the settlement did not admit liability. [3]
Resolution of a case does not tell a participant when their individual payment will arrive. Check the official settlement portal or contact your existing attorney for account-specific information.
Does the settlement prevent every future lawsuit?
It should not be described as blanket immunity from every possible future case. It also should not be presented as an invitation to join a settlement that has already passed its registration milestones. A person who never signed a release does not automatically have a viable lawsuit.
Releases and dismissals matter
If you participated, ask your attorney to explain the release you signed and the order closing your case. Releases can give up covered claims, and a dismissal with prejudice generally prevents refiling the same claim. Do not assume that a new diagnosis or a later change in symptoms reopens a settled case. The signed documents and applicable law control.
September 12, 2023 was a reference date
The court used that date for identification requirements under Case Management Order No. 60. It is not a single nationwide statute-of-limitations deadline for every potential claim. [2]
Section VIII of Case Management Order No. 57 addresses later-filed claims. Paragraph 35 provides for an order requiring a plaintiff to explain why a claim filed after the reference date should not be dismissed on limitations grounds. Other provisions require certifications and information about product use, injury, and timing. [4]
The same order sets detailed medical-record and proof requirements, including different provisions for hearing-loss and tinnitus claims. Its hearing-loss provisions include alternatives for certain missing audiograms; the rule is more nuanced than saying every claimant must have tests from before, during, and after use. [4]
Ask an attorney to check the current docket and your circumstances. Historical orders explain the litigation, but they do not establish that you can file successfully today or calculate your deadline.
VA disability benefits are a separate process
A VA disability claim and a product-liability lawsuit follow different rules. You do not need to treat the civil settlement as the answer to whether your hearing condition is service-connected.
VA correspondence included in the court’s August 2023 appointment order states that an enrolled VA member will not lose health or disability benefits, or have a disability rating adversely adjusted, directly because of registering and participating in a CAE settlement. This is a specific assurance about settlement participation, not a guarantee about every benefits decision or other benefit program. [5]
VA’s filing guidance explains how to apply and obtain help. Relevant evidence can include VA and private medical records and supporting statements. VA also reviews discharge and service treatment records. An accredited attorney, claims agent, or Veterans Service Organization representative can help you prepare a claim. [6]
Read VA’s disability-claim guidance. For help understanding your hearing test, see our audiogram guide.
A practical checklist for veterans
- Identify the product. Gather available equipment records, photographs, and service details. Distinguish what you remember from what a document confirms.
- Organize your hearing history. Keep copies of military and civilian hearing tests, symptom notes, and treatment records. Write down dates and questions rather than trying to diagnose the cause yourself.
- Locate prior legal documents. Find any complaint, settlement registration, signed release, dismissal order, or correspondence from counsel.
- Ask about your own case. For payment questions, contact your existing attorney or use the official portal. For a possible unresolved claim, promptly ask a qualified attorney about applicable deadlines and whether further action is available.
- Discuss benefits and care separately. Ask a VA-accredited representative about benefits and a hearing-care professional about your current hearing needs.
Sources and editorial information
Prepared October 1, 2026. The financial-status section describes the quarter ended June 30, 2026. AI assistance was used to adapt this guide and check source references. Hearing Is provides education, not individualized legal advice, diagnosis, or treatment.
- U.S. Department of Justice: 2018 False Claims Act settlement announcement.
- Northern District of Florida: MDL No. 2885, settlement announcement and court documents.
- 3M Form 10-Q, quarter ended June 30, 2026, Note 15, Combat Arms Earplugs Litigation.
- Case Management Order No. 57 (PDF), particularly paragraphs 19–23 and Section VIII. Consult the current docket for subsequent orders.
- Appointment order and VA correspondence (PDF), August 29, 2023.
- Veterans Affairs: How to file a disability claim.
Read our editorial standards and medical disclaimer.