4000 AFFF Firefighting Foam Lawsuits Fall Into One Of Three Categories
3M DuPont and other manufacturers of aqueous film-forming foam (AFFF) have proposed a settlement that many think falls short of what is needed
Saturday, September 2, 2023 - More than 4000 AFFF firefighting foam lawsuits have been filed and organized into a multi-district litigation (MDL) in the United States District Court of South Carolina. The MDL is being presided over by Judge Richard Gergel. Cases have been divided into three categories according to an article in The National Law Review (NLR) " (1) claims brought by water utilities seeking costs of necessary testing and remediation technology for PFAS; (2) state Attorney General lawsuits filed for environmental PFAS pollution (broadly, not limited to only drinking water issues) within state borders seeking monetary relief for necessary testing and remediation; and (3) personal injury claims brought by firefighters and their loved ones alleging that PFAS in the AFF products used by the firefighters led to an injury." The claims reflect the damages suffered by each group. Water treatment utilities are seeking funds to pay for testing and to fix the water contamination problem going forward, states attorney generals seek funds to test and clean up the water, soil, and air that has been contaminated, and individuals seek reimbursement for medical expenses, lost wages and punitive damage awards for cancer they allege was caused by drinking or otherwise ingesting AFFF firefighting foam and other PFAS chemicals. The latter group is comprised of people who live or work on or near military bases or airports that have improperly disposed of firefighting foam and also firefighters who have come into contact with foam regularly while using it or training with it. AFFF kidney cancer and testicular cancer lawsuits continue to be filed on behalf of individuals who have developed cancer allegedly from AFFF firefighting foam contamination. The 3M $12 billion settlement proposal is being rejected because it was considered by experts to be overly broad and would indemnify the company from further lawsuits should local cancer clusters develop. The settlement has been amended and is expected to pass next year.
Aqueous Film-Forming Foam (AFFF), also known as firefighting foam, has long been an integral tool in combatting hazardous fires involving flammable liquids like jet fuel and petroleum. AFFF is used extensively at military air stations and public airports throughout the United States. Beneath its life-saving surface, however, AFFF is made from hazardous chemicals called per- and polyfluoroalkyl substances (PFAS).mPFAS forever chemicals are a group of synthetic chemicals that resist heat, water, and oil, making them ideal for use in firefighting foam. Yet, their persistence in the environment and the human body has raised grave concerns. Exposure to PFAS through AFFF can have severe health implications. One of the most common diseases linked to PFAS exposure is cancer. Prolonged exposure to PFAS has been associated with various types of cancer, including kidney, testicular, and pancreatic cancers. Moreover, PFAS can weaken the immune system, rendering individuals more susceptible to infections. Beyond cancer, PFAS forever chemicals can disrupt hormonal balance, leading to fertility problems and developmental issues in children. PFAS may also cause liver damage, affect the thyroid gland, and elevate cholesterol levels, increasing the risk of heart disease. Firefighters, military personnel, and others who routinely handle AFFF are at heightened risk of PFAS exposure. As these chemicals leach into groundwater, they can contaminate drinking water sources, posing a broader threat to communities near affected sites.
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