AFFF Lawsuit Update: AFFF Firefighting Foam Lawsuit Overview

April 15th, 2024

Tyco Fire Products has reached a $750 million settlement in litigation concerning the contamination of public water systems by PFAS (per- and polyfluoroalkyl substances), found in firefighting foams.

PFAS chemicals are notorious for their environmental persistence and their potential to cause severe health issues, including cancer.

This settlement aligns with previous agreements involving companies like 3M and Dupont, highlighting the ongoing legal efforts to address the environmental and health dangers posed by these substances.

The deal, which is awaiting approval from the United States District Court for the District of South Carolina, is intended to fund improvements to water treatment infrastructure.

This settlement pertains specifically to public water systems affected by PFAS in firefighting foam.

Meanwhile, the broader AFFF lawsuit, addressing personal injuries and cancer claims, continues and remains unresolved.

Our law firm continues to take on new clients for the AFFF lawsuit.

For a free consultation, contact us or use the chatbot on this page to immediately find out if you are eligible to participate in the AFFF lawsuit.

April 1st, 2024

The Aqueous Film Forming Foam (AFFF) litigation landscape is evolving rapidly.

The latest filings from the Judicial Panel on Multidistrict Litigation (JPML) indicating a total of 7,738 lawsuits pending consolidation as of April 1st.

This marks a notable increase from the 7,170 cases reported just a month earlier, on March 1st.

The surge in litigation activity is attributed primarily to increased awareness among affected individuals about their legal options for seeking compensation due to exposure to firefighting foam.

AFFF has been widely utilized across various military branches and by firefighting units for its effectiveness in extinguishing fuel-based fires.

Despite its utility, the foam’s chemical components, particularly Per- and Polyfluoroalkyl Substances (PFAS), have come under scrutiny for potential adverse health effects.

The core of the ongoing lawsuits revolves around allegations that exposure to AFFF, and consequently PFAS, is associated with several serious health conditions.

Individuals with prolonged exposure to AFFF, notably firefighters and military personnel, are reportedly at higher risk and have been instrumental in bringing these issues to light.

For individuals who believe they have suffered health problems as a result of AFFF exposure, legal counsel is advised to explore possible compensation avenues.

Our law firm offers free consultations to evaluate potential cases related to AFFF exposure. 

Interested parties are encouraged to reach out through our website’s chatbot for immediate assistance or to arrange a consultation with our specialized AFFF attorneys.

March 21st, 2024

The AFFF Lawsuit continues to progress, and our AFFF Lawyers are accepting clients from all 50 states. 

The focus of the AFFF (Aqueous Film-Forming Foam) legal battle is currently on setting up a procedural structure to examine the scientific claims that the foam’s chemicals are linked to liver and thyroid cancer.

A pivotal event in this phase is the “Science Day,” scheduled to brief the MDL (Multidistrict Litigation) judge on pertinent scientific and medical evidence pivotal to these claims.

The lawsuit’s current stage involves choosing specific cases of liver and thyroid cancer to undergo the bellwether process.

This process mimics trial scenarios to gauge how a jury might react to the presented evidence and testimonials.

A critical part of this stage is the deadline set for both parties to share scientific studies that either support or dispute the claims of cancer linked to AFFF exposure.

These exchanges will culminate in the Science Day presentations.

After the Science Day, a 60-day period is allocated to outline a comprehensive plan for moving forward with the bellwether trials.

This follows a significant settlement where the 3M Company agreed to pay over $10.3 billion to resolve water contamination claims from local water suppliers.

However, the cancer claims related to AFFF exposure are still unresolved.

Individuals who have been exposed to AFFF and have since developed cancer or other health issues might be eligible to participate in the AFFF Lawsuit.

TruLaw offers free consultations to those affected. 

Alternatively, our ChatBot is available to immediately assist in determining your eligibility for the AFFF lawsuit. 

March 6th, 2024

The AFFF Lawsuit is ongoing.

As of the latest filings by the JPML, there are currently 7,170 lawsuits regarding Aqueous Film-Forming Foam (AFFF) waiting to be combined.

In the United States, Multidistrict Litigations (MDLs) serve as a mechanism to efficiently manage multiple civil lawsuits that share common issues, facts, or defendants.

These litigations often involve a large number of plaintiffs who have filed lawsuits under similar circumstances, such as cases of product liability, pharmaceuticals, or mass torts, and allow for the consolidation of these cases in a single federal district court for the purpose of pretrial proceedings.

The goal of the AFFF MDLs is to make the litigation process more efficient by centralizing the discovery phase, minimizing repetitive efforts, and ensuring uniform decisions on crucial legal matters.

The recent addition of 176 cases over the past month highlights the ongoing growth of the AFFF MDL initiative.

While a settlement has previously been reached concerning water contamination issues, legal actions regarding individual exposure to AFFF continue.

If you or someone close to you has experienced harm due to AFFF, understanding your legal rights is crucial. 

You can use the chatbot on this page to instantly check if you qualify for the AFFF lawsuit.

February 1st, 2024:

Connecticut’s Attorney General has initiated two legal actions targeting 28 chemical manufacturers, accusing them of deliberate contamination of the state’s water and natural resources through the use of PFAS chemicals.

These lawsuits are designed to establish the companies’ responsibility for PFAS pollution stemming from two primary sources: the use of Aqueous film-forming foam (AFFF) in firefighting and the incorporation of PFAS in the production of consumer goods such as food packaging, cookware, carpeting, upholstery, clothing, and cosmetics.

PFAS chemicals are notorious for their long-lasting presence in the environment and their association with severe health issues, including various forms of cancer, liver damage, birth defects, elevated cholesterol levels, infertility, and diabetes.

The primary objectives of these legal actions are to secure both injunctive and monetary relief.

This would entail compelling the companies to dispose of their hazardous chemical inventories, mitigate pollution within Connecticut, disclose their research findings, and reimburse the state for expenses related to remediation and testing.

Additionally, the complaints seek penalties for breaches of state laws extending back several decades.

These companies are alleged to have possessed knowledge about the toxicity and enduring nature of PFAS since the 1950s, yet they allegedly failed to safeguard the public interest, resulting in widespread contamination.

Although Connecticut has already taken measures to ban PFAS use in firefighting foam and food packaging, the state is still grappling with the consequences of PFAS pollution.

The lawsuits underscore contamination across various water systems and demand accountability from the chemical manufacturers held responsible for the environmental harm.

In essence, these legal actions symbolize Connecticut’s commitment to addressing the grave health and environmental repercussions associated with PFAS contamination while holding the responsible parties answerable for their actions.

January 1st, 2024:

The MDL judge recently granted a joint motion, allowing an extension for the parties to conduct discussions on an ongoing discovery dispute and a motion to compel.

The extended deadline for these discussions is now January 31st.

December 28th, 2023:

Hawaii’s Attorney General, Anne E. Lopez, has initiated legal proceedings against 25 manufacturers of firefighting foam products containing harmful per- and polyfluoroalkyl substances (PFAS).

In this lawsuit, it is alleged that these companies breached state consumer protection and tort laws by concealing the environmental and human health risks associated with PFAS products, all while profiting from their sale.

The lawsuit aims to hold these defendants accountable for all expenses related to PFAS, encompassing testing, treatment, and monitoring of the state’s natural resources.

It seeks compensation for residents who have suffered losses due to natural resource damage, disposal costs, civil penalties, restitution, disgorgement, punitive damages, and other remedies.

This legal action by Hawaii’s AG is the latest in a series of actions taken against AFFF manufacturers, joining the numerous claims filed by individuals who have been exposed to PFAS.

December 1st, 2023:

The AFFF class action MDL is centered on the Telomer water provider cases, a subgroup of water contamination issues.

Recent orders and rulings specifically pertain to this subgroup, not covered by the August water contamination settlement. Regrettably, this focus suggests a potential delay for the remaining individual cancer cases.

November 28th, 2023:

Water contamination lawsuits have dominated the AFFF class action docket, leading to some frustration. The delay’s severe consequences are underscored by the submission of three “Suggestion of Death” notices in the MDL, signifying the passing of three plaintiffs awaiting justice. These notices formally inform the court and involved parties about a party’s demise in the lawsuit, initiating the process of substituting the deceased with a representative from their estate, typically the executor or administrator.

November 3rd, 2023:

Kathy Jennings, the Attorney General of Delaware, has taken legal action against 14 companies, including 3M, for their production of firefighting foam containing “forever chemicals,” allegedly resulting in soil and aquifer contamination within the state.

The lawsuit claims that these companies, involved in manufacturing aqueous film-forming foam (AFFF), introduced PFAS into the environment, leading to harm and health hazards for residents.

Before filing the lawsuit, the state conducted a comprehensive two-year investigation involving environmental sampling and scrutiny of corporate records.

Building on Delaware’s prior success in securing a $50 million settlement related to PFAS products from companies associated with DuPont, which led to over $1.1 billion in commitments nationwide to settle PFAS-related claims, the current lawsuit aims for monetary damages, compensation for natural resources, and funding for testing and addressing contamination arising from the defendants’ PFAS-containing firefighting products.

The lawsuit specifically outlines alleged efforts by the companies, especially 3M, to hide the dangers of PFAS and their products.

It asserts that 3M was aware of PFAS risks dating back to the 1950s and intentionally misled the public.

3M has stated its intent to defend itself in court and is taking steps to address PFAS concerns by remediation, investment in water treatment, and working in collaboration with affected communities.

Additionally, the case targets the remaining 12 companies, indicating that they likely knew about PFAS risks through industry groups and should have been aware of potential dangers associated with their products.

The lawsuit underscores the responsibility of these companies for the environmental and health impacts caused by their PFAS-containing firefighting foams.

November 1st, 2023: 

In the coming weeks, parties involved in Aqueous Film-Forming Foam personal injury cases will choose which cases will be part of the bellwether discovery pool.

They have until November 14, 2023, to share their lists of potential plaintiffs for the bellwether trials. The selected plaintiffs will undergo case-specific fact discovery, leading to the final selection of individuals for the personal injury bellwether trials.

October 27th, 2023:

A recent study conducted a nested case-control investigation, examining patients with thyroid cancer by analyzing plasma samples taken before or at the time of their cancer diagnosis.

This study comprised 88 thyroid cancer patients, each carefully matched with 88 healthy controls based on various factors.

The study’s results indicated a 56% higher likelihood of thyroid cancer diagnosis linked to elevated levels of perfluorooctanesulfonic acid (n-PFOS).

This positive association remained statistically significant when focusing on a subgroup of thyroid cancer cases diagnosed one year or more after plasma sample collection.

These findings imply a potential link between PFAS exposure and an increased risk of (papillary) thyroid cancer, a matter of global concern given the widespread prevalence of PFAS exposure.

October 1st, 2023:

A recent study led by Mark Purdue, Ph.D., at the Uniformed Services University explored the link between blood levels of perfluorooctanesulfonic acid (PFOS), a type of PFAS chemical, and testicular cancer among active-duty Air Force servicemen. The study found that elevated PFOS blood levels were associated with a higher risk of testicular cancer.

This research, published in July 2023, is the first to investigate this relationship using blood measurements within a military population. Further research is needed to explore PFOS exposure and testicular cancer risk in highly exposed populations.

September 19th, 2023

There are now a total of 6,000 separate AFFF Lawsuits consolidated within the multidistrict litigation (MDL).

Municipalities are on the verge of reaching a global settlement valued at more than $10.3 billion for AFFF Lawsuits related to water contamination. This settlement would cover the expenses associated with cleaning up and addressing contamination caused by AFFF products in local water supplies throughout the country.

Municipalities are pleased with this settlement agreement, as it means that the responsibility for cleanup costs falls on the companies responsible for the pollution rather than on the residents affected by it.

Now, the spotlight remains on individuals who have initiated AFFF Lawsuits against the same group of manufacturers, asserting that their health issues are a result of exposure to AFFF fire fighting foam.

August 20th, 2023: 

A recent study published in URO Today investigated the link between serum concentrations of PFAS and testicular germ cell tumors (TGCT) in U.S. Air Force servicemen. They found that elevated concentrations of certain PFAS were associated with military employment in firefighting and service at bases with high PFAS concentrations in drinking water. Specifically, elevated perfluorooctanesulfonic acid (PFOS) concentrations in the second sample were positively linked to TGCT.

August 18th, 2023:

Jones v. 3M, et al., has been recently filed directly within the AFFF  MDL in South Carolina.

The plaintiff, a 73-year-old former Air Force firefighter from Texas, alleges exposure to fluorochemical products during his service, leading to a diagnosis of prostate cancer and subsequent prostatectomy.

August 1st, 2023:

Judge Gergel approved an unopposed motion to replace a plaintiff in a lawsuit after the original Alabama plaintiff passed away. The deceased plaintiff’s daughter has now taken over as the new plaintiff and filed a wrongful death lawsuit.

July 17th, 2023

In the past month, 493 new cases were consolidated into the AFFF class action MDL, representing the highest monthly volume since the litigation’s inception.

This increase follows the recent global settlement announcement for water contamination cases.

However, the breakdown between water contamination and cancer cases remains unclear.

The MDL now encompasses over 5,000 pending cases.

June 1st 2023

The initial bellwether test trial in the AFFF class action MDL, City of Stuart v. 3M Co. et al. case, was originally set to begin on June 5, 2023.

The lawsuit pertains to allegations that AFFF contaminated the municipal water system in Stuart, Florida.

However, the trial was postponed due to the PFAS manufacturers reaching a settlement in the case.

The class action MDL received an additional 300 AFFF firefighting foam lawsuits last month, resulting in a total of 4,793 claims now pending in the multidistrict litigation.

May 1st, 2023

The judge sets a deadline for the parties involved in the litigation to submit chosen parts of depositions and a list of evidence they plan to use in the upcoming trial.

May 2nd, 2023

The National Institute of Standards and Technology (NIST) releases research on the presence of PFAS in firefighting equipment textiles, revealing the existence of PFAS in various gear materials.

The findings prompt discussions on the potential transfer of PFAS from equipment to firefighters and their increased cancer risk.

May 7th, 2023

Objections regarding trial exhibits arise, leading to a hearing scheduled to address these evidence-related disputes.

The judge requires lead counsel to personally argue each objection, aiming to narrow down baseless objections.

May 9th, 2023

As the bellwether trial approaches, the defense submits its final List of Trial Exhibits, trial brief, and deposition designations.

The MDL Judge denies the defense motion for summary judgment, ensuring that the jury will decide the bulk of the plaintiffs’ claims in the upcoming trial.

May 12th, 2023

The first test trial in the firefighting foam class action MDL begins with the case of City of Stuart v. 3M Co., et al.

The trial centers around allegations that PFAS from firefighting foam products contaminated Stuart’s water supply.

The defendants argue that there is no evidence linking their products to the contamination.

The trial outcome holds significance for the litigation, potentially resulting in a multi-billion dollar global settlement if the defendants face a substantial loss.

There are still new cases being filed while AFFF lawsuits filed against PFAS-containing firefighting foam increase in number.

While plaintiffs await their trial, it’s important to remember that there have been several PFAS settlements in the past already, which range from a $17.5 million class action settlement to a $4 billion settlement.

March 2nd, 2023

A new lawsuit was filed in South Carolina by a 62-year-old Deer Park, Texas man named Kent, who was exposed to fluorochemical products during his service as a firefighter in the United States Marine Corps.

Kent was diagnosed with prostate cancer and underwent prostatectomy, and he claims that the exposure to the fluorochemical products caused him personal injuries, pain, suffering, and emotional distress.

The plaintiff’s lawyers filed the complaint in accordance with Case Management Order No. 3, which designates the U.S. District Court for the Southern District of Texas as the “home venue” for the case.

March 7th, 2023

A firefighting foam lawsuit was filed by Kent against 3M, and Judge Richard M. Gergel, the AFFF class action lawsuit judge in South Carolina, issued the order.

The plaintiff’s lawsuit asks that the case be transferred to the Southern District of Texas because the events or omissions leading to the claim occurred in Texas.

March 16th, 2023

It was reported that 354 new cases were added to the firefighting foam class action MDL in the last month, bringing the total number of pending cases to 4,058.

This marks the second month in a row with higher than average volume of new filings, suggesting that lawyers may be anticipating a settlement and trying to get cases filed before it happens.

February 3rd, 2023

Many victims do not contact us because they believe the statute of limitation deadline to file a lawsuit bars their claim.

They correctly assume that the statute of limitations for filing an AFFF (Aqueous Film-Forming Foam) lawsuit is typically 2-3 years from the date of injury in most states.

But most states have a discovery rule that is critical to extending the deadline to file an AFFF lawsuit.

In other words, the time limit for filing a personal injury lawsuit does not start until the plaintiff becomes aware of the injury and its connection to the defendant’s negligence.

The statute of limitations and discovery rule are complicated, with scores of exceptions.

But many victims looking to file an AFFF lawsuit call us believing they likely do not have a claim in 2023 when they absolutely do.

February 13th, 2022

The AFFF MDL Judge is set to make critical rulings on Daubert motions challenging the admissibility of scientific evidence in City of Stuart v. 3M Co., et al. (the first bellwether trial set for June).

The City of Stuart is a water supply contamination case, not a personal injury case involving claims that exposure to AFFF caused cancer.

However, the Daubert rulings on causation evidence in the City of Stuart will still have some applicability to what scientific evidence will be allowed in AFFF cancer cases.

The personal injury cases will participate in a separate bellwether trial program after the water supply trials.

February 16th, 2023

Rulings with respect to the admissibility of scientific evidence in initial drinking water utility lawsuits involving damages caused by firefighting foam containing PFAS will be forthcoming soon.

The first bellwether trial, City of Stuart v. 3M Co., has been scheduled for June 5, and the parties are currently in the final stages of presenting arguments regarding the Daubert standard, which is the criteria that the US District Court for the District of South Carolina should use to evaluate scientific testimony and evidence.

These rulings could impact the admissibility of certain scientific evidence in the cancer lawsuits.

February 17th, 2023

Since January 15th, 317 new firefighting foam AFFF lawsuits were added to the MDL, bringing the total number of pending cases up to 3,704.

The monthly average of new cases for this MDL in 2022 was 175, so this month was almost double that.

We don’t know how many of these new cases are municipal water contamination cases versus personal injury claims.

February 23rd, 2023

A recent article authored by eight leading scientist was published in Science Direct in December 2022 and cited over seventy other studies in support of their position.

Due to the persistence of PFASs in the human body and their ability to bioaccumulate, firefighters experience cumulative effects of PFAS-containing AFFF exposure throughout their careers, increasing their risk of developing thyroid, kidney, bladder, testicular, prostate and colon cancers.

The study suggests that PFASs may contribute to firefighter cancers, and further research is needed to evaluate the role of occupational PFAS exposure in causing an elevated cancer risk for firefighters.

The AFFF Lawsuit is ongoing and law firms are accepting clients daily.

Similar to previous lawsuits filed for PFAS contamination, the City of Mansfield, Ohio is filing suit against 3M, DuPont, Chemours, Tyco Fire Products and Chemguard for AFFF contamination of local drinking water.

The contamination stems from use by the Ohio Air National Guard at the local airport.

If you or a loved one were exposed to AFFF and subsequently suffered health problems, you may be eligible to file suit.

Contact us for a free consultation or use the chatbot on this page to see if you qualify for the Firefighting Foam Lawsuit instantly.