AFFF Lawsuit Update: AFFF Firefighting Foam Lawsuit Overview

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.