FAQ: Is There An AFFF Class Action Lawsuit?

AFFF Firefighting Foam Lawsuits Merged into the AFFF Firefighting Foam MDL

As awareness of the potential health risks associated with AFFF and PFAS exposure has grown, numerous lawsuits have been filed across the country against AFFF manufacturers.

Due to the rising number of claims, these lawsuits were consolidated into a multidistrict litigation (MDL), known as the AFFF MDL.

The AFFF Firefighting Foam MDL is currently centralized in the US District Court for the District of South Carolina.

MDLs offer an efficient way to manage cases involving similar allegations by streamlining the legal process, ensuring consistent rulings, and working toward a more efficient resolution for all involved parties.

In this case, the AFFF MDL addresses the alleged adverse health effects related to PFAS exposure from firefighting foam.

Is There a Class Action Lawsuit for AFFF Firefighting Foam?

No, there is not a class action lawsuit specifically for individuals suffering health issues due to AFFF exposure.

Instead, these individual cases have been consolidated into multidistrict litigation (MDL), which is different from a class action lawsuit.

A common misconception is that the AFFF MDL functions like a class action, but they are two distinct types of legal actions.

While class action lawsuits are typically brought forward by a group with a common claim, the AFFF MDL focuses on managing multiple individual cases related to health issues from firefighting foam exposure.

Firefighting foam class action lawsuits have been filed in the past by municipalities and other public entities against AFFF manufacturers, primarily for the contamination of public water sources with PFAS.

One such example is the City of Stuart v. 3M Co., where the city alleged that 3M polluted its water supply with toxic PFAS and PFOA chemicals.

This case was resolved when 3M settled for a confidential amount, putting the matter to rest.

What Is a Multidistrict Litigation (MDL)?

The multidistrict litigation (MDL) process involves combining similar cases from multiple federal courts into one court to handle pretrial activities collectively.

This process allows for a more streamlined approach to handling multiple claims, helping to reduce repetitive discovery and avoid inconsistent rulings.

It’s important to understand that MDLs are distinct from class action lawsuits.

In an MDL, the individual cases remain separate and are not merged into one collective suit.

Instead, the goal is to manage pretrial matters efficiently while ensuring each case retains its unique characteristics.

MDLs are common in product liability cases, where numerous lawsuits with similar claims are filed against related companies.

Differences Between MDL and Class Action Lawsuits

MDLs and class action lawsuits are often confused, but they operate quite differently.

Some advertisements may incorrectly refer to the AFFF lawsuits as “class action MDLs” or “class action lawsuits,” but this is not accurate.

In a class action, a group of individuals with similar claims sues the defendant(s) as a collective unit.

A single outcome applies to all members, with plaintiffs being treated as one group.

Conversely, in an MDL, the cases are consolidated for pretrial matters, but each plaintiff maintains the right to pursue their case individually.

The main difference lies in how the plaintiffs are treated:

• MDL: Each plaintiff retains their individual lawsuit and the opportunity to seek a resolution based on their specific damages.
• Class Action: All plaintiffs are combined into a single group, and one outcome applies to everyone involved, regardless of individual circumstances.

Another distinction is how settlements are distributed.

• In MDLs, compensation is awarded based on the facts and damages of each individual case.
• In class actions, a lump-sum settlement is divided evenly among all plaintiffs, regardless of the unique impacts on each person.

How Does the MDL Process Work?

The MDL process simplifies litigation by consolidating AFFF lawsuits with common factual or legal issues.

Below are the core components of how an MDL functions.

Filing of Numerous Related Lawsuits

An MDL arises when multiple lawsuits with similar claims are filed, often involving similar injuries or harm caused by a specific product.

For AFFF lawsuits, the focus is on the health effects of PFAS exposure from firefighting foam, which has led to numerous cases being filed across the country.

Once a large number of related cases have been filed, the attorneys may request the Judicial Panel on Multidistrict Litigation (JPML) to centralize the cases for pretrial management.

Consolidating Similar Cases in an MDL

If the JPML grants the motion to centralize, the cases are transferred to a designated federal court for pretrial proceedings.

A single judge oversees the entire MDL to ensure consistency and efficiency in handling the litigation.

One of the key factors considered in choosing the court is the convenience of the plaintiffs.

Creating Order Within the MDL Parties

Once the cases are consolidated, a leadership structure is put in place, typically through the appointment of a steering committee.

This committee is responsible for organizing and coordinating the legal strategy for both plaintiffs and defendants.

While the steering committee oversees the broader aspects of the litigation, individual plaintiffs still retain their own legal representatives, ensuring that each case is handled according to its specific facts.

The Role of Bellwether Trials

To help assess the strength of the claims, a few representative cases are selected for trial.

These are known as bellwether trials.

The outcomes of these trials provide valuable insight into how future cases might proceed and can influence potential settlement negotiations.

Distribution of Mass MDL Settlements

If the bellwether trials result in favorable outcomes for the plaintiffs, it may prompt defendants to consider a settlement.

When a settlement is reached, it is distributed among the plaintiffs based on the specific details and damages of each individual case within the MDL.

This approach ensures that each plaintiff is compensated in line with their personal circumstances, rather than receiving an equal share as they would in a class action.

What Happens When You File an AFFF Firefighting Foam Lawsuit?

If you’ve been exposed to AFFF firefighting foam and developed cancer or other related health issues, you may be eligible to file an AFFF lawsuit.

Filing an AFFF lawsuit typically involves the following steps:

• Filing the lawsuit: Once your case has been reviewed, the attorney will file a formal complaint on your behalf, detailing the circumstances of your exposure and the health impacts you’ve experienced.
• Initial consultation with an attorney: The first step is to consult with an attorney experienced in AFFF-related cases. They will review your situation, assess your eligibility, and guide you through the legal process.
• Trial or settlement resolution: Depending on the outcome of negotiations, your case may proceed to trial, or a settlement may be reached to provide financial compensation for your damages.
• Potential MDL consolidation: If your case shares similarities with others, it may be consolidated into the AFFF Multidistrict Litigation (MDL) for pretrial proceedings to streamline the legal process.
• Discovery and negotiations: During discovery, both sides exchange relevant information, such as medical records and expert testimony. Settlement negotiations may take place at any point, either before or after early trial phases, often referred to as bellwether trials.

Overview of the AFFF Lawsuit

The rising number of AFFF firefighting foam lawsuits is tied to the serious health effects linked to its use.

AFFF contains PFAS chemicals, which have been found to contribute to several health conditions, including cancer, reproductive issues, and immune system disorders.

If you believe your health has been affected by exposure to AFFF or PFAS, gathering medical records and documentation is essential.

This evidence helps establish a clear connection between your health issues and exposure to these harmful chemicals.

It’s important to be aware that each state has its own time limits for filing lawsuits, known as statutes of limitations.

To file your claim on time, consult an attorney as soon as possible.

What Illnesses Are Linked to AFFF and PFAS Exposure?

Exposure to AFFF and PFAS chemicals has been linked to numerous health conditions.

The most commonly reported cancers and illnesses associated with AFFF exposure include:

• Bladder cancer
• Breast cancer
• Colon cancer
• Colorectal cancer
• Endometrial cancer
• Kidney cancer
• Leukemia
• Liver cancer
• Lymphoma
• Mesothelioma
• Multiple Myeloma
• Non-Hodgkin Lymphoma
• Ovarian cancer
• Pancreatic cancer
• Prostate cancer
• Rectal cancer
• Testicular cancer
• Thyroid cancer
• Thyroid disease
• Ulcerative Colitis
• Birth defects and other reproductive issues
• Developmental problems
• Heart disease
• Hormonal imbalances
• Immune system disorders
• Liver damage
• Neuroendocrine tumors
• Reproductive issues
• Skin and eye irritation
• Other health complications

If you have experienced any of these conditions following AFFF exposure, it’s important to seek medical care and consult with an attorney to explore your legal options.

What Damages Can You Recover in an AFFF Lawsuit?

The damages you may be entitled to in an AFFF firefighting foam lawsuit depend on the specific circumstances of your case.

Typically, compensatory damages aim to cover:

• Pain and suffering: Compensation for the emotional and physical distress caused by your condition.
• Loss of consortium (for spouses): If you lost a spouse due to illness linked to AFFF exposure, compensation may be available for this loss.
• Medical expenses: Including current and future treatment related to your diagnosis.
• Lost wages and future earning capacity: If your illness impacts your ability to work, compensation may cover the loss of income.

An experienced legal team can help assess your situation and work to pursue compensation based on your unique circumstances.

How Can Experienced Firefighting Foam Attorneys Assist You?

If you’ve been affected by AFFF or PFAS contamination, knowledgeable legal support can be helpful.

The experienced firefighting foam lawyers at TruLaw and our partner law firms understand AFFF lawsuits and can guide you through the legal process, ensuring your rights are protected.

We are experienced in handling multidistrict litigations (MDL) and pursuing compensation for damages related to AFFF exposure.

TruLaw: Your AFFF Firefighting Foam Law Firm

Lawsuits are being filed against AFFF manufacturers for allegedly putting public health at risk due to the harmful chemicals in firefighting foam.

Individuals who were exposed to AFFF during military service or through their work have developed cancer and other serious health issues, waiting far too long for justice.

If you or a loved one were exposed to AFFF firefighting foam and later developed cancer or other related health problems, you may qualify to file an AFFF lawsuit and seek financial compensation.

Contact us today for a free case consultation by using the chat on this page for an instant case evaluation and quickly find out if you qualify for the AFFF lawsuit.

The AFFF firefighting foam lawyers at TruLaw and our partner law firms are ready to hear your story, assess your AFFF claims, and help you determine the next steps in pursuing compensation.

It’s important to note that TruLaw is only accepting clients with AFFF personal injury lawsuits — we are not accepting clients for the AFFF municipal water contamination lawsuits.