Seeking accountability: How one veteran is challenging 3M over hearing loss
"As a young man in Iraq, 18 years old, I wasn't thinking, 'I hope this isn't damaging my hearing' – you're going to a war zone; you think body armour and a helmet.
"We assumed that the ear defence we got issued would be good for the job."
This is the testimony of veteran and former Lance Corporal Rikki Drury, who joined the British Army in 2001 and trained as an explosive ordnance disposal (EOD) expert, serving on operations in Northern Ireland, Iraq and Afghanistan.
Mr Drury is one of more than 2,000 serving personnel and veterans who are launching the first formal legal claim against 3M, which manufactured hearing protection supplied to UK Armed Forces personnel between 2003 and at least 2015.
Mr Drury and his co-defendants are alleging that 3M's Combat Arms Earplug Version 2 (CAEv2) – lightweight ear defenders produced and supplied to the Ministry of Defence – are not fit for purpose and brought about serious hearing-related issues, including deafness and tinnitus, for those who were issued with them.
In September, the first letter of action was sent to 3M, marking the opening step in formal legal proceedings demanding action from the company.
The silent injury
Given the nature of life in the military, personnel are routinely exposed to loud noises both in training exercises and operational deployments, with gunfire, explosions and even vehicle engines capable of causing significant hearing damage.
In these environments, effective hearing protection is as essential as a soldier's weapon system or body armour.
Yet Mr Drury, 40, says the black and yellow ear defenders he was issued did not provide him with the protection he needed.
"You could tell they were really bad; there's hardly any suction, especially with the heat and dust in the desert," he said.
"You can physically see they're not good bits of kit."
The CAEv2's dual-ended design was intended to allow one side to block out most sounds, and the other to protect against impact sounds such as explosions and gunfire, while letting in spoken commands and other quieter noises.
That assumption came at a cost for Mr Drury, who, like many others, now suffers from deafness and tinnitus. These conditions can have a profound effect on career prospects, family relationships, social life and mental health.
According to research by the Royal British Legion, rates of hearing problems in veterans under 75 are around 3.5 times higher than in the general population, and it is estimated that 300,000 veterans are impacted.
Mr Drury explained that it was not a specific incident that caused damage to his hearing, but rather the cumulative effect of his time on exercises and combat operations.
"You're using rifles, you're using the general-purpose machine guns, all of these weapon systems. And the armoured vehicles aren't exactly the quietest," he said.
When he finally left the military in 2013, he recalled sitting in the booth during his final medical examination, unable to hear anything – a devastating moment of realisation shared by countless others.
Alongside his partial deafness, Mr Drury also suffers from tinnitus, a condition he said is getting progressively worse.
Phantom sounds such as ringing, buzzing, hissing or clicking can be a constant affliction, occurring in one or both ears, or even resonating inside the head.
A survey by Veterans Hearing, a UK charity dedicated to supporting veterans with hearing difficulties, revealed that 23% of veterans describe their tinnitus as severely distressing at its worst.
For Mr Drury, who, until recently, thought the condition was something "everyone had", its impact is experienced daily, and he now relies on background white noise to help him sleep.
"It's always been one of those things that drives you insane," he said. "As I've got older, it feels like it's getting worse, which is not a good sign."
After talking to friends and discovering the extent to which fellow veterans were struggling with their hearing through social media, Mr Drury now believes 3M are responsible for "mis-selling" the ear defenders.
The fight for accountability
This is not the first time 3M has faced legal action.
In 2019, the company agreed to pay $9.1m (£6.8m) to settle a lawsuit brought by the US Department of Justice after it was alleged to have supplied the US military with the "defective" CAEv2 ear defenders.
The lawsuit alleged the company knew the CAEv2 were too short and could "loosen imperceptibly."
Five years later, in 2023, 3M agreed to pay a $6bn (£4.5bn) settlement to resolve 200,000 civil cases filed by US veterans and serving personnel.
According to the Lawsuit Information Centre, around $2.75bn (£2bn) has been paid out to date, although the company has stated this is not an admission of liability.
Urging others to join the UK lawsuit, Mr Drury had a clear message.
"Like a lot of ex-military do, you just shrug your shoulders and crack on – but if you're suffering now, it's only going to get worse in the future," he said.
"By us stepping forward now, this could potentially stop this company from doing something like this in the future and causing damage to our soldiers' health and other militaries."
A spokesman for 3M said the company has "great respect" for the British Armed Forces and is "proud" of their commitment to keeping service members safe through the supply of 3M products.
"We take the allegations concerning our Combat Arms Earplug Version 2 seriously. When used properly, this product was safe and effective for its intended purpose," they said.
"The resolution of previous litigation in the United States did not involve any admission of liability, and 3M is prepared to defend itself in any litigation threatened in the English courts regarding that product."
The case will now continue in the UK courts.
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