In recent years, a flurry of legal disputes has been surrounding aqueous film-forming foam (AF), a popular firefighting foam. These lawsuits are collectively known as AFFF lawsuits. They involve claims that exposure to the foam resulted in serious health conditions.

Moreover, the lawsuit exemplifies the growth of compensation efforts due to firefighter foam’s harmful effects on ecosystems and communities. Let us follow the key events influencing accountability and reparations, from early lawsuits to historic settlements.

What is AFFF?

Since the 1970s, AFFF firefighting foam has been extensively utilized due to its efficaciousness in putting out flammable liquid fires. However, it contains PFAS, man-made chemicals that persist in the environment and the human body. Owing to their infamous persistence, they are commonly referred to as “forever chemicals.” PFAS has been connected to several health problems, such as immune system disorders, cancer, and developmental disorders.

The Timeline for AFFF Lawsuits

In 2022, firefighters, veterans, and other affected parties filed AFFF lawsuits against manufacturers. This initiated a wave of legal actions involving companies like 3M, Dupont, and Tyco Fire Products. The plaintiffs accused these companies of not warning about firefighting foam’s health risks and demanded compensation for the damage caused.

A Case Milestone

By October 17, 2023, the AFFF multidistrict litigation cases exceeded 6,000, with 111 additional cases joining the class action. As of May 2024, the growth in the AFFF Multidistrict Litigation (MDL) is notable. The total number of cases has surged to over 8,000 due to continuous filings related to Firefighting foam exposure. This increase is further highlighted by the addition of 323 new cases recently.

This increase in litigation demonstrates the scale of the issue and the extent of individuals and entities seeking legal redress. Settlements in several cases earlier this year suggest that concerns over firefighter foam contamination are starting to be resolved.

The Thyroid Cancer Link

A groundbreaking study published troubling results on October 24, 2023. Individuals with high levels of linear PFOS from firefighting foam had a 56% increased risk of thyroid cancer. This finding emphasizes how urgent it is to address PFAS exposure and its possible health effects. This eventually could help plaintiffs in lawsuits connected to AFFF.

Bellwether Discovery Pool Selection

Parties involved in the firefighting foam lawsuit took a pivotal step on November 1, 2023, by selecting candidates for Bellwether cases. These cases are intended to establish precedents for more general legal proceedings and are designated for particular fact discovery procedures. The results of these trials could have a big impact on how AFFF-related personal injury cases develop.

Current scientific research is still influencing the legal environment around firefighter foam. Since the lawsuit began, numerous studies have confirmed the link between PFAS exposure and various cancers. This is especially true for firefighters and those exposed to firefighting foam.

National Firefighter Registry (NFR) Launch

Launched in April 2023 by the Centers for Disease Control and Prevention (CDC), the National Firefighter Registry (NFR) gathers data from state cancer registries. This data is used to study national cancer incidence rates among firefighters. Mandated by Congress in 2018, the NFR is a significant advancement in understanding and addressing firefighter health issues.

Three Chemical Firms Reach Settlement in a Related Lawsuit

Three major chemical companies settled a legal dispute for $1.185 billion, admitting PFAS contamination in public water systems. This historic agreement shows that the effects of PFAS on the environment and human health are becoming increasingly recognized. This settlement impacts ongoing firefighting foam litigation, raising questions about potential changes to legal approaches and compensation avenues.

The Course of Settlement

Judge Gergel praised 3M’s settlement that effectively addressed water contamination issues, benefiting nearly 12,000 water systems by removing PFAS. However, amid these negotiations, there is speculation about 3M resorting to bankruptcy due to the financial strain from PFAS lawsuits.

Meanwhile, the broader litigation is still ongoing, with settlements yet to be finalized. According to TruLaw, the AFFF lawsuit settlement amounts are estimated to be between $40,000 and $300,000 or more. The amount varies based on unique individual factors.

Generally, in cases similar to this mass tort MDL, settlements follow 4-6 months after the initial bellwether trials are concluded. For those affected by thyroid disorders linked to firefighter foam, settlement discussions are expected to begin in 2024.

Frequently Asked Questions

1. In AFFF Lawsuits, Are Firefighters the Only Plaintiffs?

In AFFF lawsuits, firefighters are not the only plaintiffs. These lawsuits also involve a variety of other individuals who have been exposed to firefighter foam.

They include military personnel, airport workers, and residents living near military bases or other facilities where firefighting foam was used extensively.

2. Can I File an AFFF Lawsuit and Sue the Military?

You cannot directly sue the military for AFFF exposure. It is restricted due to sovereign immunity, which generally shields the U.S. government from lawsuits. However, you can still sue AFFF product manufacturers if your health issues are linked to AFFF exposure during military service. This includes conditions like cancer or other severe health problems.

3. Has the Window Period Run out for Filing an AFFF Lawsuit?

The window period for filing an AFFF lawsuit has not definitively closed. As part of the ongoing multidistrict litigation (MDL), new cases continue to be filed, and legal proceedings are active. Tolling agreements have been used to pause the statute of limitations in some cases. This allows parties to continue negotiations or settlement discussions without immediate deadline pressures.

4. Is it Possible for Someone Without a Cancer Diagnosis to Initiate an AFFF Lawsuit?

Yes. Individuals not diagnosed with cancer but who have other health issues from firefighting foam exposure can file the AFFF lawsuit. Consulting legal experts is essential to evaluate individual cases. They can guide you regarding the eligibility for Firefighting foam lawsuit claims based on occupational exposure and health effects.

As litigation progresses, it’s vital for affected individuals to stay updated on developments and understand their legal rights. If you’ve developed health issues from firefighting foam exposure, you may be eligible to file an AFFF lawsuit.