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.
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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
- Liver cancer
- 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.
- 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
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.
🚨 HOT NEWS: 24 active & retired firefighters in Santa Clara County, CA have filed a lawsuit against 20+ chem co’s & manufacturers over #PFAS exposure from AFFF & turnout. The addition of turnout is a first, which is HUGE!@gfpeaslee @yourturnoutgear https://t.co/JWpBZtE5ot pic.twitter.com/Ymw7HSDl9I
— PFAS Action Group (@PFASactiongroup) October 4, 2020
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.
Portsmouth joins a growing list of cities, states and individual firefighters who have filed lawsuits over the aqueous film-forming foam or AFFF. https://t.co/ULRLbeTrOn — WOUB News (@woubnews) April 29, 2022
Earlier, as per the revised schedule, it was decided that the parties in the pool of bellwether firefighting foam litigation must complete the fact discovery by February 21, 2022, and expert depositions by July 28, 2022. Pretrial 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
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Latest AFFF Lawsuit Updates 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 Lawsuit Updates 2023
January 2023 Updates
The first bellwether trial in the AFFF class action 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 Lawsuits February Updates
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 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 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 fire fighting foam 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 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 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.
Expert AFFF attorneys predict that there might be a firefighter foam settlement in 2023 as a few AFFF 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.
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.
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 lawsuit 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.
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 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 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.
Though the water contamination claims against 3M, DuPont and Chemours are going towards a global settlement, the AFFF 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.
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.
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 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 AFFF lawsuits in the MDL are anticipated to be going toward a global settlement. 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.
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
- 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 lawsuit or join a class action against the AFFF manufacturers 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.
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Let us hope that the sign of bellwether trials in 2023 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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