The manufacturers of AFFF are destined to fall on their own swords for producing carcinogenic firefighting foams. More civilians, as well as military firefighters, are filing a train of AFFF lawsuits against the AFFF manufacturers, including 3M and DuPont. 3M is between the devil and the deep blue sea as they are facing 3M earplug lawsuits and 3M AFFF foam lawsuits at the same time.
Do you ever wonder why there is such a hue and cry about life-saving firefighting foam? The firefighters use AFFF to smother huge fires and protect the people, but their own lives are at stake when exposed to the dangerous toxins of AFFF.
Let us delve into the details of the AFFF and how it is dangerous. You can also get a detailed account of the latest AFFF foam lawsuit update 2022 and 2023 and the PFAS lawsuit settlement amounts.
What does AFFF Foam Stand for?
AFFF stands for Aqueous Film-Forming Foam. It is a firefighting substance that firefighters primarily use to smother fires caused by flammable liquids. It is made from fluoride-based chemicals such as perfluoroalkyl and polyfluoroalkyl, known as PFAS. They are desired for fire suppression because they can extinguish dangerous fuel fires faster than any other method. AFFF quickly spreads across the surface of the fuel, divesting the fire of oxygen and quickly extinguishing even large fires, and it also keeps the hot fuel from igniting again.
When compared to the AFFF, the protein-based biodegradable FFFP is very slow in providing the desired impact on the fast-spreading natured fuel fire. As a result, AFFF is regarded as unavoidable for extinguishing disastrous fires.
Is AFFF Foam Toxic?
The AFFF, while intended to protect people from fire, contains toxic chemicals that are extremely dangerous to people when exposed to them for an extended period of time. These chemicals are called ‘forever chemicals’ as they will not degrade or break down easily. Even after a thousand years, it will not degrade and will contaminate both surface and underground water. When people consume it on a regular basis, it causes a variety of serious health problems, including cancer.
The Aftermath of Using AFFF
The U.S. Department of Defense (DoD) has employed firefighting foam in the Navy and other branches of the military since the 1970s. Though by the 1980s, studies on the chemicals used in firefighting foam had discovered that those who were exposed to it could face major environmental and health concerns, the manufacturers, as well as the Department of Defense, continued to utilize the substance to battle fires, endangering civilians and military firefighters.
The firefighters are exposed to these toxic chemicals not only when they put out accidental fires but also when they practice fire extinguishing drills. Even if they wear protective equipment, prolonged exposure to the toxins is hazardous to their health.
Military and Navy personnel, like firefighters, are frequently exposed to AFFF foam as part of their training and service in emergency situations. As it is impossible for them to avoid it, their health is jeopardized.
Airport personnel must also use AFFF as a part of their training to learn how to suppress fires with AFFF. As a result, they will hold firefighting drills on a regular basis.
Don’t assume that AFFF will only affect firefighters, airport workers, and Navy and Army personnel because they use them frequently. Citizens who are not associated with these professions are also at risk. The chemical toxin can be found near the factories that produce them, and when the waste seeps through the ground and contaminates the waterways and underground water, the lives of those who drink the water are also put at risk.
It can be found in the environment where the AFFF is used to suppress fires. We can breathe a sigh of relief that it is only once if that happens in rare accident sites. However, people who live near bulk fuel storage facilities, chemical plants, firefighting training sites, military airport hangars, plane crash sites, oil refineries, and flammable liquid processing facilities should be aware that they are at risk because fires and the use of AFFF are more common in their area.
The Environmental Working Group (EWG) has created a map that shows the locations of both suspected and affirmed contamination, as well as pertinent information for those who might be exposed.
The Environmental Protection Agency (EPA) issued a health alert report in 2016 stating that laboratory animal research proved that PFAS exposure could lead to kidney and testicular cancer, as well as other negative health impacts. According to the Environmental Protection Agency (EPA) and the Centers for Disease Control and Prevention, PFAS chemicals might be linked to an increased risk of cancer and other health effects.
A recent study has found many sites with nearby affected communities, including Naval Air Station Whiting Field in Florida, Naval Air Station Joint Reserve Base Willow Grove and Mechanicsburg Naval Inventory Control Point in Pennsylvania, Grayling Army Airfield in Michigan, Naval Air Station Whidbey Island, Joint Base Lewis-McChord at the Yakima Training Ground and Naval Base Kitsap-Bremerton, all in Washington.
How is AFFF Foam Hazardous?
Direct exposure to AFFF or the ingestion of contaminated water would make vulnerable people to be affected by the following types of cancers.
- Bladder cancer
- Breast cancer
- Kidney cancer
- Leukemia
- Liver cancer
- Lymphoma
- Non-Hodgkin’s Lymphoma
- Ovarian cancer
- Pancreatic cancer
- Prostate cancer
- Testicular cancer
As per the U.S. Department of Veterans Affairs, continuous exposure to the toxic chemicals in the AFFF could cause the following diseases apart from the list of cancers discussed above.
- Asthma
- Crohn’s disease (a chronic inflammatory bowel illness)
- Fertility problems
- Elevated cholesterol
- Liver disease
- Kidney disease
- Neurological illnesses
- Developmental changes in the fetus
- Developmental changes in children
- Thyroid disease
- Hypertension during pregnancy
Preventive Measures
Several states have banned the use of PFAS-based foams like AFFF and AR-AFFF. According to the Environmental Working Group (EWG), there are now safer and very effective alternatives to AFFF in the market, like GFFF, a fluorine-free foam replacement.
The Federal Aviation Administration (FAA) Reauthorization Act was passed by Congress in 2018. According to the organization’s aim for Safer Chemicals, Healthy Families,- the FAA Reauthorization Act included an amendment that allowed both commercial aircraft manufacturers and US commercial airports to opt out of using PFAS-containing foams by 2021. Furthermore, according to the National Defense Authorization Act of 2020, all the departments of Defense Fire have to stop using AFFF and AR-AFFF completely by 2024.
Evolution of AFFF Lawsuits
According to the U.S Environmental Protection Agency, 3M, the Minnesota Mining and Manufacturing Company, which was the primary PFOS manufacturer in the United States, voluntarily terminated PFOS production beginning in 2002. In 2006, other companies began to phase out PFOA production. However, those who were exposed to it for a long time had already started showing symptoms of diseases caused by toxic chemicals.
A slew of AFFF foam cancer lawsuits has been filed against the Maplewood-based manufacturing behemoth 3M over its former PFAS production, including one that resulted in an $850 million settlement with the state of Minnesota in 2018. Analysts think that 3M has to set aside hundreds of millions of dollars to meet future firefighter foam cash settlements and court awards.
The AFFF fire foam lawsuits alleged that the manufacturers like 3M, DuPont, and other companies manufactured, advertised, and sold the carcinogenic AFFF, despite knowing its toxicity. Not only the independent plaintiffs but also many counties and states also started pursuing firefighter foam lawsuits against the manufacturers for direct exposure and water contamination.
All the AFFF foam lawsuits were consolidated in the federal court in South Carolina under MDL no. 2873 by the Judicial Panel on Multidistrict Litigation in 2018 under Judge Richard M. Gergel. Adding the 92 new firefighting foam lawsuits filed the previous month, there are a total of 2586 pending AFFF class action MDLs as of June 16, 2022. With that number, AFFF became the 14th largest MDL in the United States. Many new lawsuits are being filed against the defendants.
Petrial Daubert challenges and applications for summary judgment have a new date of August 15, 2022. The first bellwether trial case recommendations must be filed by October 14, 2022. The preliminary discovery in the first round of the bellwether AFFF cancer lawsuit trials is slated to commence in March 2023.
In the new Case Management Order, the AFFF MDL judge stated that the first bellwether test trial case would be chosen by the end of December 2022, with the bellwether trial date set for April 2023. The setting of a trial date is expected to kick off settlement talks leading to a global firefighting foam settlement.
According to a recent study conducted by the Maine Medical Center Research Institute, PFAS, the toxic “forever chemicals” found in AFFF firefighting foam, can decrease bone mineral density in adolescent boys, which can lead to bone fractures and a variety of other orthopedic problems, in addition to the diseases mentioned above. It is hoped that this will help to strengthen the plaintiffs’ claims during the ongoing AFFF lawsuits.
As the recent update in September 2022, 3M filed a motion for summary judgment, arguing that the “government contractor” defense should shield it from liability for injuries caused by its firefighting foam products. However, the judge in the firefighting foam class action dismissed 3M’s government contractor defense. This is, in a way, a solace win for the AFFF victims.
Stay tuned with us for the latest 3M AFFF foam lawsuit update 2022.
AFFF Navy Lawsuit
In the AFFF lawsuit navy filed by Michael Sloane, he alleged that during his service as a firefighter in the United States Navy from 1980-1983, he did not get any warning from the manufacturers. His exposure to AFFF chemicals developed testicular cancer in him in 2006. He came to know the cause of the ailment in 2010.
His lawsuit filed in August 2021 demanded compensation for the given damages.
- Medical and hospital bills for diagnosing, treating, and monitoring injuries
- Temporary and permanent physical injury
- Economic damages
- Shame, shame, and anxiety
- Loss of enjoyment of life
- Annoyance and inconvenience
- Serious and severe emotional misery
- Mental pain and suffering
Are you affected like Sloane? Get your medical records reviewed by an experienced medical record review company.
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Latest AFFF Lawsuit Updates 2022
November 2022
The MDL court has appointed a settlement mediator, retired judge Layn Phillips, to reach a global settlement in AFFF lawsuits. He will face a difficult time handling the cancer lawsuits by the firefighters as well as the water contamination lawsuits from the various communities.
As per the latest update, until November 15, 2022, around 3,300 pending AFFF lawsuits in the MDL no. 2873. more than 100 lawsuits were added each month, increasing the tally of lawsuits in the MDL.
In the previous month, the case filed by the City of Stuart against 3M Company et al. (2:18-cv-3487) was chosen as the first case for the test trial. It was a water contamination lawsuit filed by a city in Florida.
Prima facie pre-trial motions must be submitted by February 3, 2023, and the trial is scheduled to start on June 5, 2023.
Beginning in 2022, Prince George’s County, Maryland, and the City of San Diego, California, filed water contamination lawsuits against firefighting foam producers such as DuPont, Chemours, 3M, and others for contaminating local waterways. In the first week of November 2022, the cities of Baltimore and Philadelphia also joined the bandwagon to fight against those manufacturers for befouling their water systems.
The lawsuits alleged that the manufacturers had concealed the hazardous nature of the firefighting foam and marketed the product.
AFFF MDL 2873 Updates 2023
January 2023 Updates
The first bellwether trial in the AFFF class action lawsuit MDL in the US District Court for the District of South Carolina is scheduled for May 2023. It will be presided over by Judge Richard M Gergel.
More than a hundred new AFFF foam lawsuits were filed in the previous month and were ordered to be transferred to the United States Federal Court in the District of South Carolina. As of January 2023, there are around 3,400 pending cases in the AFFF MDL.
The defendants, Chemguard, Inc., BASF, and Tyco, had filed separate motions to dismiss them from the water contamination lawsuits claiming that there was no evidence to prove that their products were directly related to the water contamination. They pointed out the lack of plaintiffs’ expert witness testimony to prove their claim.
The plaintiffs have given their response to the motion, and very soon, there will be decisions made based on the Daubert standard for the admissibility of scientific evidence in the case.
AFFF Lawsuit Update 2023 February
The sluggish phase of new filings during the holidays has changed, and a more vigorous phase can be seen from the acceleration of new claims in the last 30 days. Around 320 new navy AFFF lawsuits were filed, but the number of water contamination claims and individual lawsuits among these is not clear yet.
As of now, there are more than 3,700 pending AFFF firefighter cancer lawsuits in the MDL.
It is expected that after the water contamination bellwether trials, the personal injury bellwether trials will be scheduled.
March 2023 Updates
A former firefighter James Keelan and his wife, Sheila Keelan, filed a AFFF prostate cancer lawsuit in the US District Court for the District of South Carolina on March 5, 2023. This 72-year-old man was exposed to fluorochemical products while he worked as a firefighter.
His exposure to the AFFF chemicals caused him prostate cancer, and he claims damages like personal injury, pain and suffering, and emotional distress. Due to his medical condition, his wife, too, claims damages of loss of consortium, husband’s assistance, and personal injury that affects their marital relationship.
April 2023 Updates
The inflow of new AFFF firefighting foam cancer lawsuits have slowed down a little with when compared to the previous data of 300 new cases per month. with the new 115 case, the total claims in the AFFF MDL goes up to 4,173.
The National Firefighter Registry is launched by the CDC for all the firefighters enroll themselves to track the cancer rates among the firefighters. It is overseen by the Occupational Safety and Health (NIOSH) as part of President Biden’s Cancer Moonshot program.
May 2023 Updates
As military AFFF lawsuits are moving towards trial, a vital study has been published by the National Institute of Standards and Technology (NIST). the study unveils a shocking revelation that a high amount of PFAS chemicals was found in the equipment and safety gear of the firefighters.
In the 20 different textiles tested, one to 17 types of PFAS were found with each textile. a dangerous level of PFAS concentration was identified in the outer layer of the equipment, which shows how much risk was involved in the firefighters’ work even with their safety gear.
As part of the trial, the judge has ordered the responsible parties to submit their depositions , which they have chosen to be included in the trial and the list of all their evidence by May 8, 2023.
Some of the defendants like 3M, Du Pont, Tyco Fire products wanted to get out of the upcoming Stuart City bellwether trial. However, their joint motion for summary judgment was declined by Judge Gergel.
As we have seen earlier, the first phase of the bellwether trials include three water contamination cases, first being the Stuart City case. The second phase include three personal injury claims.
Judge Gergel asked the parties involved to select 28 personal injury cases involving contaminated water exposure for second bellwether pools by July 28, 2023 and to present the joint list of selected cases to the court by August 11, 2023.
This pool will consists of victims affected from the regions- Colorado Springs Municipal Airport, Peterson Air Force Base, the Naval Air Warfare Center in Warminster, and Willow Grove Naval Air Station Joint Reserve Base.
As a turning point, one of the defendants, Kidde-Fenwal Inc. (KFI), who has recently filed for bankruptcy, is eliminated from the upcoming trial on June 5, 2023.
June 2023
Expert AFFF attorneys predict that there might be a firefighter foam settlement in 2023 as a few Aqueous Film Forming Foam lawsuits are in the bellwether trial phase. The vedicts in these bellwether trials could bring a positive outcome towards a global settlement.
A 3-week postponement for the first test trial in the MDL was granted, hinting at possible resolution through negotiations. Rumors circulated about 3M offering $10 billion to resolve municipality claims.
DuPont, Chemours, and Corteva agreed in principle to a $1.185 billion settlement for some PFAS-related drinking water claims.
July 2023
The MDL saw its highest monthly volume of new AFFF firefighting foam cases, with nearly 500 new cases transferred in.
A global settlement for water contamination claims was announced, signaling a future reduction in pending cases.
August 2023
Four insurance companies contested Tyco’s insurance claims in the MDL class action. Tyco is fighting for the litigation to stay within the MDL.
A 72-year-old Illinois man filed a AFFF cancer claim against 3M and other defendants, claiming exposure to AFFF led to his prostate cancer.
A new scientific study connected AFFF exposure to testicular cancer among military personnel.
In a recent study published in Environmental Health Perspectives in July 2023, researchers found a significant connection between perfluorooctanesulfonic acid (PFOS) (variant of per- and polyfluoroalkyl substances (PFAS)), and the development of testicular cancer among military members.
The National Cancer Institute and the Uniformed Services University of the Health Sciences did this research among over 1,000 Air Force personnel. Among 530 servicemen with testicular cancer and 530 without the condition, the study revealed that high PFAS levels in their blood often stemmed from specific occupational exposures, such as firefighting, or being stationed at bases with PFAS-contaminated water sources.
Judge Gergel gave preliminary approval for some settlement agreements in municipality water contamination cases, scheduling a Final Fairness Hearing for December 14, 2023.
The pending AFFF firefighting foam class action cases reached 5,614, an increase of almost 1,000 since June.
September 2023
In September 2023, a new case management order was issued on Telomer-AFFF water contamination claims. It is a new kind of AFFF related claims. These claims were considered separate as the chemicals involved is different from the ongoing 3M AFFF lawsuits.
The next cases for the upcoming bellwether pool is going to be picked from the water contamination lawsuits involving California, New Jersey, New York and South Dakota.
The settlement process against DuPont, 3M and Chemours is put on hold for getting the settlement approval.
By the end of September, more than 100 new AFFF firefighter foam cancer lawsuits were added to the MDL, making the total above 6,000. All the water contamination claims from these are included in the water contamination global settlement.
October 2023
Though the water contamination claims against 3M, DuPont and Chemours are going towards a global settlement, the AFFF firefoam lawsuits against ACG Chemicals, Daikin, and Tyco are still ongoing.
A new study published on October 24, 2023 by the eBioMedicine proves that the exposure to per- and polyfluoroalkyl substances (PFAS) can elevate the risk of thyroid cancer in human beings.
Most of the water contamination lawsuits filed by the local municipalities were resolved with a $10.3 billion global settlement this month.
How much is the AFFF lawsuit going to payout?/ what is the average payout for the AFFF lawsuit? The AFFF lawsuit payout date and the average payout will be announced later.
Firefighter AFFF Lawsuit Update November 2023
More than 350 new firefighter foam AFFF lawsuits were added to the MDL in the past month bringing the total to 6,400 pending claims. Half of these claims included the already settled water contamination lawsuits.
December 2023 Firefighter Foam Lawsuit Update
Great news for the plaintiffs of AFFF personal injury cases. Your wait is over as the MDL judge has released a case management order to choose claims for the next bellwether pool by December 11, 2023. The Jury will then pick up around 28 cases among them to add in the bellwether pool. Once the cases are chosen, they will undergo a fact discovery process.
AFFF Lawsuits Update 2024
January 2024
The MDL judge extended the deadline to January 31, 2024 for the parties to discuss regarding the ongoing discovery dispute.
February 2024 update
The next Case Management Conference is scheduled on March 1, 2024. During January, around 280 lawsuits were added to the AFFF MDL totaling up the count to 6,994. Earlier, mid 2023, 3m proposed a settlement that
The AFFF mdl settlement would be completed over 13 years. It includes helping the PWS in purifying the 12,000 public water systems by removing PFAS contaminants.
They also added that
This effort was praised by the federal judge hoping that it would settle part of the AFFF claims.
March 2024
Around 180 new cases were added to the MDL in February. As per the new case management order, the plaintiffs have requested the judge to add liver cancer and thyroid cancer along with the already existing types of cancers caused by AFFF exposure. It also added that the plaintiffs and defendants would get a chance to present the scientific studies pertaining to AFFF exposure to assist the judge in having a clear idea about the same.
May 2024 Update
As of May 1, 2024, there are 8.061 active AFFF lawsuits pending in MDL 2873.
As a surprising turn of events, on May 1, 2024, Tyco Fire Products agreed to a $750 million settlement for their AFFF products contaminating drinking water systems with harmful PFAS chemicals. The settlement aims to resolve claims from public water systems affected by these contaminants. Tyco plans to distribute $250 million to affected communities soon, with the remaining $500 million following preliminary court approval. This PFAS settlement amounts cover approximately 7,000 to 8,000 U.S. public water systems that tested positive for PFAS by a specified date. Notably, Tyco has not admitted any liability or wrongdoing as part of this agreement.
On May 3, 2024, Elizabeth Hernandez filed a wrongful death lawsuits in the U.S. District Court for the Eastern District of Kentucky. The lawsuit filed on the death of her husband Mark Hernandez, who was a firefighter exposed to AFFF. She alleged that his exposure to AFFF chemicals caused him develop angioimmunoblastic T-cell lymphoma. He was diagnosed of the disease in November 2021, was under chemotherapy for two years and succumbed to death in September 2023.
Update on Bellwether Pool 2024
Out of the 25 lawsuits chosen for the first bellwether pool are narrowed down and included in two groups.
| Details | Group A | Group B | |
| Lawsuits | Number of lawsuits | 6 lawsuits | 5 lawsuits |
| Type | Kidney Cancer-3, testicular cancer-3 | ulcerative colitis-2, Thyroid disease-3 | |
| Dead lines | Discovery extension (tier 1) | 06/04/2024 to 06/18/2024 | n/a |
| Bellwether trial selection proposals | 7/2/2024 | 7/2/2024 | |
| Additional Fact Discovery | 07/16/2024 to 10/16/2024 | 07/16/2024 to 12/16/2024 | |
| Plaintiffs’ Expert Disclosures | 11/15/2024 | 5/12/2025 | |
| Defendant’s Expert Disclosures | 12/20/2024 | 6/16/2025 | |
| Plaintiffs’ Rebuttal Expert Disclosures | 1/10/2025 | 6/30/2025 | |
| Completion of Expert Depositions | 2/14/2025 | 7/31/2025 | |
| Filing Summary Judgment/Daubert Motions | 3/6/2025 | n/a | |
| Responses to Motions | 4/3/2025 | n/a | |
| Replies Supporting Motions | 4/17/2025 | n/a |
In the second group of lawsuits chosen for the bellwether trial included cases with liver and thyroid cancers. Judge Gergle indicated in a case management order issued on May 15 that other types of cancer claims related to AFFF will be dismissed allowing the plaintiffs to file their claims again within four years, if new studies establish their cases with AFFF exposure. If they need to continue with the lawsuits, they should provide expert studies supporting their injuries with 240 days of filing their claims.
AFFF Lawsuit Update June 2024
As of June 3, 2024, there are 8,270 active AFFF lawsuits waiting to be resolved in the MDL. more than 200 lawsuits were added to the MDL last month.
On June 13, 2024, Robert Zimmerman filed a lawsuit in the U.S. District Court for the District of South Carolina against 3M Company, Chemguard, Inc., Du Pont de Nemours, Inc., and Honeywell Safety Products.
He alleged that both his firefighter turnout gear and AFFF contained PFAS chemicals and he was exposed to it throughout his career as a firefighter. As a result, he developed testicular cancer and thyroid disease. He demands “monetary damages and appropriate equitable and injunctive relief for harm resulting from” PFAS chemicals.
August 2024 Update
As per the AFFF MDL update, around 9525 lawsuits are pending, with around 1327 lawsuits adding up the total in the last two months.
In August 2024, several key developments occurred regarding PFAS and firefighting foam litigation. Tyco Fire Products reached a preliminary settlement with insurers to strengthen their position in a $750 million settlement for PFAS contamination. An increase in voluntary dismissals in the AFFF MDL likely signals ongoing confidential settlements. The number of active AFFF lawsuits decreased by 327 from July to August, reflecting continued settlements. A new lawsuit, Zub v. 3M Company et al., was filed, alleging that PFAS exposure caused a firefighter’s death. Massachusetts is poised to ban PFAS in firefighting gear by 2027, pending legislative approval.
October 2024 Update
Carrier Global has settled for $730 million with Kidde-Fenwal and claimants over firefighting foam that polluted drinking water. Kidde-Fenwal, facing over 4,400 PFAS lawsuits, filed for bankruptcy in May 2023. The settlement would help fund a Chapter 11 bankruptcy plan to pay affected governments, businesses, and individuals. Carrier will pay $540 million to Kidde-Fenwal and $190 million to the claimants, making it the fifth company to settle in the AFFF lawsuits.
AFFF Update November 2024
As of November 2024, there are 7,150 pending lawsuits in the AFFF MDL.
AFFF manufacturers like DuPont and 3M have known the dangers of PFAS chemicals for decades. In the 1980s, DuPont even removed female workers from a PFAS facility after some gave birth to children with severe deformities, acknowledging the risks privately while keeping the public in the dark.
This shows that they have prioritized profits over safety, overlooking environmental and human health risks. This history of reckless behavior could lead to massive punitive damages, from decades of documented misconduct, including environmental contamination and failure to warn the public.
December 2024 Update
There is a steady progress in increasing AFFF cancer claims in teh MDL. The total claims moved up to 7,370.
The AFFF firefighting foam lawsuits are pushing toward settlements due to significant risks for defendants. A first trial is set for October 2025, but experts expect that defendants may settle earlier to avoid trial risks.
When will AFFF lawsuit be settled? Lawyers handling AFFF firefighter class action lawsuits expect that most of these lawsuits will be settled by the first half or 2025.
Study Reveals AFFF and Colorectal Cancer
The article from PubMed published in September, 2015, explores how perfluorooctanoic acid (PFOA), a widely used environmental pollutant, enhances the invasiveness of colorectal cancer DLD-1 cells. The study reveals that PFOA activates the NF-κB pathway, leading to the increased expression of matrix metalloproteinases MMP-2 and MMP-9, which promote cancer cell invasion. The findings suggest potential health risks associated with PFOA exposure, especially its role in promoting cancer progression through molecular mechanisms.
Affected victims with this colorectal cancer can proceed with your AFFF colorectal cancer lawsuit.
PFAS in Colorado Springs Triggers a Lawsuit
A Colorado woman, Madeline Stanger, has filed a lawsuit in the U.S. District Court for the District of South Carolina, claiming she developed thyroid disease and ulcerative colitis from PFAS exposure in contaminated water near Colorado Springs. The lawsuit targets companies like 3M, DuPont, and BASF Corporation, alleging their firefighting foam (AFFF) polluted the local water supply. Stanger, who was diagnosed in 2022, claims long-term PFAS exposure from AFFF used at the Colorado Springs Municipal Airport caused her conditions.
PFAS Can be Absorbed by Skin: New Study Unveils
Researchers from the University of Birmingham confirmed that PFAS can be absorbed into the human body through the skin. Their study, led by Oddný Ragnarsdóttir, published in Environmental International, used in vitro 3D-human skin equivalents to assess the absorption of 17 different PFAS.
Key Findings:
- PFAS can be absorbed, unabsorbed, or retained within skin tissue.
- Longer chain PFAS were not directly absorbed but a significant fraction remained within the skin tissue, particularly for PFUnDA (66.5%) and PFNS (68.3%).
- Longer carbon chains resulted in less retention within the skin tissue.
- Dermal exposure is a significant source of PFAS exposure, especially for shorter-chain PFAS.
- The study concludes that skin absorption should be considered a possible route of human exposure to PFAS.
This can be invaluable evidence in AFFF military fire fighting foam lawsuits, when the firefighters are exposed to PFAS.
PFAS Presence in Drinking Waters of Airway Heights
A new study by Dana Rowland, part of the University of Arizona’s Geographic Information Systems Technology master’s program, investigated PFAS contamination in Airway Heights, a town near Spokane. The research linked high PFAS levels in residents’ blood to two landfills near Fairfield AFB, where AFFF foam was used for years to combat chemical fires.
Through detailed mapping and hydrological analysis, Rowland traced groundwater flow from the landfills, substantiating the contamination with military records and environmental assessments. The study found that AFFF usage corresponded with spikes in PFAS levels in local water sources, and noted that no effective filtration mechanisms were in place to prevent these chemicals from leaching into the environment. Rowland concluded that AFFF likely contributed significantly to the PFAS contamination, which remains difficult to filter from natural systems.
Firefighter Turnout Gear PFAS Exposure
Like adding insult to injury, firefighters are not only endangered by the direct exposure to PFAS chemicals from the firefighting foams. It was identified in 2022 that even from their turnout gear they use during fire incidents can expose them to PFAS.
The International Association of Fire Fighters (IAFF) and the Metropolitan Fire Chiefs Association warned the firefighters in August 2022 to restrict their use of turnout gears. They were asked to remove the gear once the emergency situation is over.
Removing PFAS presence completely from the gear is not that easy. The associations stated that protective gears without PFAS risk should be developed and made available for the firefighters to save them from cancer risks.
The bellwether pool on AFFF firefighting foam lawsuit update in 2024 will brighten the hope of the plaintiffs. Stay updated on the AFFF lawsuit update 2024 by visiting our blog.
Kidney Cancer Claim
On March 27, 2024, plaintiff Regina Brown filed an individual complaint against the AFFF manufacturers for her kidney cancer, which ended in kidney removal. She consumed the water from public water supplies in Pennsylvania, which was contaminated with fluorochemical products. She developed kidney cancer and underwent nephrectomy surgery and continue to suffer the aftermath of cancer.
She alleged that the defendants developed and marketed fluorochemical products consisting of Perfluorooctanoic Acid (PFOA), Perfluorooctanesulfonic acid (PFOS), Perfluorononanoic acid (PFNA), Perfluorohexanesulfonic acid (PFHxS), Perfluorobutanesulfonic acid (PFBS), and Hexafluoropropylene Oxide (HFPO). Judge Richard Gergel was appointed to handle her case. She claimed for punitive damages and restitution.
She purported the following allegations:
- Product liability
- Defective design
- Failure to warn
- Negligence and gross negligence
- Negligent misrepresentation
- Fraudulent concealment
- Negligence per se
- Past and continuing trespass and battery
- Negligent or intentional and reckless infliction of emotional distress
Shocking Revelation from a New Study
A new study published in the Journal of Occupational Medicine by U.K. researchers on 672 Scottish firefighters has found that there is a 60% risk of death from cancer in firefighters when compared to the general public.
The death rate for other types of cancer is even higher than this- like prostate cancer mortality is 4 times higher, and leukemia is three times higher. This study affirms the previous studies that AFFF chemical exposure can lead to higher risks of cancer.
It also found that there were five times more chances of mortality from ischemic disease and other kinds of health risks like stroke, kidney failure, interstitial pulmonary diseases, and musculoskeletal disorders.
U.S Defense Department Finds PFAS in 75% of Military Bases
The U.S Department of Defense has recently issued a memo revealing that more than 75% of the U.S military bases have contaminated water containing toxic per- and polyfluoroalkyl substances (PFAS), posing significant health risks, including cancer. Mainly this has occurred due to the use of PFAS in firefighting foam, which was used during the firefighting drills at military bases. The memo, issued on September 3, 2024, details plans to align with the EPA’s new drinking water standards, which set enforceable limits on five PFAS chemicals.
Cleanup efforts will begin at 578 military bases, focusing first on private wells with the highest PFAS contamination. The remediation process, governed by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), will be lengthy but aims to address water contamination both on and off military installations.
Defendants in the AFFF Lawsuit
The following are some of the AFFF manufacturers who are being sued for hiding the dangerous nature of the substance from the government and the public:
- 3M Company
- AGC Chemicals Americas Inc.
- Amerex Corporation
- Angus Fire Armour Corporation
- Archroma Management, LLC
- Arkema, Inc.
- Asahi Glass Co., LTD
- BASF Corporation
- Buckeye Fire Equipment Company
- Carrier Global Corporation;
- Chemdesign Products, Inc.
- Chemguard, Inc.
- Chemicals, Inc.
- Chemours Company FC, LLC
- Chubb Fire, Ltd.
- Clariant Corp.
- Corteva, Inc.
- Daikin America, Inc.
- Deepwater Chemicals, Inc.
- DuPont De Nemours Inc.
- Dynax Corporation
- Fire Products GP Holding, LLC
- GE Interlogix, Inc.
- G.V.C. Chemical Corporation
- Kidde-Fenwal, Inc.
- Kidde Plc
- Mine Safety Appliances Company, LLC
- Nation Ford Chemical Company
- National Foam, Inc.
- Rockwood Systems, Inc.
- Royal Chemical Company
- Russell Martin Industries, Inc
- The Chemours Company
- Tyco Fire Products LP
- United Technologies Corporation
- UTC Fire & Security Americas Corporation, Inc.
AFFF Lawsuit Settlement Amounts
In 2017, DuPont and Chemours promised to pay $670.7 million as the AFFF lawsuit settlement amounts DuPont to settling 3,550 injury lawsuits related to PFOA pollution at the Washington Works Plant in West Virginia.
According to Bloomberg, in March 2020, an Ohio jury ordered DuPont to pay $50 million as an AFFF military lawsuit settlement to Travis Abbot, a man who claimed PFOA-contaminated drinking water caused him to develop testicular cancer.
3M announced in March 2020 that it would establish an AFFF stewardship program to support the proper disposal of its older AFFF products.
On January 7, 2021, attorneys representing Peshtigo, Wisconsin residents announced a firefighter foam cash settlement of $17.5 million with the defendants Tyco Fire Products, L.P., ChemDesign Inc., and Chemguard Inc. for the alleged contamination of drinking water wells in Peshtigo, Wisconsin.
By looking at the flow of prior MDL litigations, the current South Carolina AFFF firefighting foam lawsuits in the MDL are anticipated to be going toward a global settlement.
AFFF Lawsuit Tiers
The AFFF exposure attorneys estimate that the top-tier plaintiffs in the AFFF settlement will receive between $200,000 and $500,000. Second-tier plaintiffs could expect a settlement in the $150,000 to $300,000 range. Firefighter foam lawsuit settlement amounts of $75,000 or less are likely for the third and lower tiers. This PFAS settlement amounts per person could vary depending upon the severity of injuries and period of suffering.
Are You a Victim? What to do Next?
If you are a firefighter or a member of the military or Navy and are exposed to the AFFF toxic chemicals and later develop any forms of cancer discussed earlier, you stand a chance to file an AFFF cancer navy lawsuit. Even civilians in the contaminated area or near the danger zones have all the legal rights to pursue the fire foam lawsuit.
First, contact an expert attorney fighting for the victims of exposure to toxic chemicals to ensure a deserved compensation. To proceed with your AFFF litigation, your attorney will concentrate on the following things first.
- Gather the occupational evidence of exposure, like work history and work environment, to prove exposure to PFAS.
- Collate your medical records for evidence of cancer diagnosis, including imaging and laboratory testing reports and medical bills.
- File the AFFF lawsuit on your behalf.
- Try to negotiate an AFFF lawsuit settlement with the manufacturers.
- Proceed with the legal claim in court if the settlement is not reached.
Most of the attorneys work on contingency fees to lessen your financial burden during the lawsuit proceedings. They know that a cancer diagnosis would not simply end with little medical expense. It will add up as you have to undergo surgery, radiation, chemotherapy, and sometimes expensive immunotherapy to aid in the advanced treatment of cancer.
The defendants are held accountable for
- Negligence
- Misrepresentation
- Concealment and fraud
- Failure to warn
- Past, continuing, and permanent trespass and battery
- Intentional infliction of emotional distress
The amount of compensation you are entitled to is determined by the facts of your case, such as – the extent of your exposure to PFAS-containing foams affecting your long-term prognosis and the severity of your illness. The extent of your pain and suffering if you lost earning capacity as a result of a disability caused by your exposure to fire-extinguisher foams.
You are entitled to get reparation for the following damages:
- Past and present medical expenses
- Projected future medical expenses
- Out-of-the-pocket expenses
- Lost wages and loss of earning capacity in the future
- Pain and suffering
- Emotional distress
- Loss of consortium
- Funeral expenses in case of death of the victim
- Expenses for the palliative care
- Punitive damages for producing and selling AFFF despite knowing its carcinogenic nature
You can file an individual AFFF firefighters foam lawsuit or join a AFFF foam class action lawsuit with the help of experienced AFFF firefighter foam lawyers.
To summarize, while the AFFF is useful in suppressing fuel fires, the risks outweigh the benefits. If you suspect you were exposed as a civilian or military firefighter and have any of the diseases listed above, get a cancer diagnosis. An experienced doctor can detect cancer in its early stages. If the evidence points to AFFF involvement, never hesitate to contact an attorney, understand AFFF lawsuit update and file a lawsuit.
The skilled attorneys will collaborate with an expert medical record review company to sort through the valuable medical records that may support your claim. LezDo TechMed has recently worked with law firms on such MDL litigations as opioid lawsuits, Elmiron lawsuits, IUD ParaGard lawsuits, etc., and has an expert team to review your records. Our extraordinary medical record reviews will ensure your victory in your AFFF lawsuit.
Get a Free Case Evaluation From a Lawyer
Let us hope that the sign of bellwether trials in 2025 will be a torch bearer for fruitful resolution for those who have been wronged.
Stay strong and continue to fight the wrongdoers!
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