PFAS in Firefighting Gear: What You Need to Know

Since the previous month, over 450 new lawsuits were filed in the AFFF multi-district litigation (MDL), starting February 2025 with now over 8,000 pending lawsuits.

This number is expected to increase as more firefighters and their families become aware of the AFFF litigation.

By mid-month, 3M, DuPont, and a number of other AFFF manufacturers were sued by Santa Clara County, California, which alleges that said companies are responsible for “contribut[ing] to a serious environmental and public health crisis” through the discharge produced by aqueous film-forming foam.

The county maintains that AFFF linked to the companies has polluted natural resources in the region, “including municipal drinking water supplies, as well as municipal groundwater, reservoirs and other surface waters, stormwater, wastewater, soils, and other properties and equipment.”

At the start of January, the AFFF firefighting foam MDL recorded a total of 7,633 pending cases, with 270 new cases having been added in December.

The total number of cases includes a number of firefighter turnout gear lawsuits.

A recent study sheds light on the neurological impact of PFAS compounds, offering valuable evidence for AFFF litigation.

Researchers examined six PFAS chemicals, showing their ability to disrupt gene expression tied to synaptic growth, neural function, and stress responses.

These findings link PFAS exposure to cognitive decline and memory impairment.

The study also revealed PFAS-induced lipid imbalances, which compromise neuronal integrity.

This new research provides a powerful tool to demonstrate the molecular mechanisms behind PFAS-related injuries, and juries can now refer to clear scientific evidence of the harm suffered by victims, such as firefighters and other exposed individuals.

At the start of the month, the Aqueous Film Forming Foam (AFFF) MDL, which includes a number of firefighter turnout gear lawsuits, recorded a total of 7,370 pending cases.

For Tier 2 Group A cases, fact discovery continues until December 16, 2024, and expert report exchanges and depositions are anticipated to conclude by May 14, 2025.

The first trial begins October 6, 2025, with Group A designations and motions due April 2025. Summary judgment and Daubert motions are expected by June 6, 2025.

For Group B cases, fact discovery remains open through March 17, 2025, as preparations continue for expert schedules related to thyroid and ulcerative colitis claims.

Negotiations on trial-ready cases remain ongoing.

U.S. District Judge Richard M. Gergel issued a significant order in the ongoing AFFF (aqueous film-forming foam) litigation.

Judge Gergel acknowledged the challenge of identifying specific AFFF products used at each military base implicated in the lawsuit.

In an effort to streamline the process, he instructed the parties to designate 15 representative sites out of the many military locations affected by PFAS contamination.

This group of sites will undergo detailed examination to ensure that a range of AFFF products linked to contamination is accounted for.

This approach aims to establish a comprehensive basis for assessing PFAS contamination and its health impacts on communities around military bases.

The AFFF federal multi-district litigation (MDL) continued to expand last month as 7 new lawsuits, originally filed in state courts, consolidated in federal court by October 29, 2024.

This development is attributed to an increased awareness of the health risks associated with PFAS chemicals in firefighting foam.

A new lawsuit filed by a Texas plaintiff claims long-term exposure to PFAS in firefighting foam during a Navy career led to a thyroid cancer diagnosis and other severe health complications.

The case, part of the MDL, targets companies like 3M, Chemours, and DuPont for manufacturing PFAS-laden AFFF products that allegedly caused these harmful health impacts.

In the journey toward the first personal injury bellwether trials, the court has issued a new case management order for the trial pool cases.

The order sets out the schedule for discovery, expert witness exchanges, and trial preparations, moving us closer to securing justice for our clients and potentially reaching a global settlement.

For Tier 2 Group A cases, both sides will continue fact-finding efforts until December 16, 2024, with specific guidelines to streamline discovery.

Following this, expert reports will be exchanged, with depositions wrapping up by May 14, 2025.

The first Group A trial is scheduled to begin on October 6, 2025.

In the coming months, parties will negotiate which Group A cases proceed to trial, with designations and motions due by April 2025.

Any summary judgment or Daubert motions must be filed by June 6, 2025, with responses following in July.

Fact discovery for Group B cases will continue through March 17, 2025, as we prepare expert schedules for thyroid and ulcerative colitis claims by December 2024.

After 320 new cases were added to the MDL in September, the total number of pending cases has risen to 9,896.

We continue to see significant developments in the AFFF litigation.

A North Carolina man filed a new lawsuit in the MDL, alleging that AFFF products containing PFAS caused him to develop kidney cancer.

The plaintiff, an Elizabethtown resident, claims exposure occurred during his firefighting training in Virginia.

He also alleges that these chemicals contaminated the local water supply, which he consumed for years.

The lawsuit names manufacturers such as 3M and DuPont, accusing them of negligence and fraudulent concealment regarding the risks of PFAS.

He seeks compensatory and punitive damages for his injuries and related expenses.

This week, the court issued a new case management order to streamline depositions for the upcoming Tier Two Personal Injury Bellwether Trials.

The order addresses that not all potential witnesses had undergone depositions during the fact discovery phase.

If either side adds a previously undeposed witness to their trial list, the opposing side can request a deposition within 14 days of receiving that list.

The first Telomer Water Provider lawsuit is set to begin on March 3, 2025.

These cases, unique due to their production through telomerization, have garnered significant attention, especially as they were excluded from last year’s major settlement involving 3M.

Their outcomes may influence resources and focus on individual firefighter cancer claims, likely through a settlement once resolved.

The AFFF class action MDL experienced a significant increase in cases, adding over 500 new claims in August after a decline in July.

The total number of pending cases now stands at 9,576, indicating ongoing challenges for those involved in the litigation.

A new lawsuit, Zub v. 3M Company et al., has been filed in connection with aqueous film-forming foam (AFFF) exposure.

The plaintiff, seeking justice for her late husband, has initiated a wrongful death and survival action.

Her husband, a firefighter and hazardous materials technician in Union County, New Jersey, was regularly exposed to AFFF during his career.

The lawsuit alleges that his prolonged exposure to PFAS-containing AFFF led to the development of kidney cancer, ultimately causing his death at the age of 35.

The plaintiff contends that the defendants knowingly designed, manufactured, and distributed AFFF products with PFAS without providing adequate warnings or safety instructions.

Furthermore, the suit claims that the defendants were aware of the hazardous nature of PFAS but chose to conceal this information, preventing her husband and others from recognizing the risks involved.

These allegations highlight the defendants’ fraudulent concealment and negligence.

From July to August 2024, there was a notable decrease in the number of active cases in the Aqueous Film-Forming Foams Products Liability Litigation.

The active lawsuits dropped from 9,525 in July to 9,198 in August, marking a reduction of 327 cases.

This decline is largely due to settlements in water contamination lawsuits, which positively impacts the ongoing personal injury lawsuits related to AFFF.

As these cases continue to be resolved, it sets a promising precedent for future claims.

Tyco Fire Products has reached a preliminary settlement with major insurers, including AIG Insurers, concerning insurance coverage for PFAS contamination liabilities from firefighting foam.

This agreement, outlined in a binding term sheet, will soon be formalized in a written agreement.

Upon finalization, Tyco will dismiss AIG from the litigation with prejudice.

This settlement is advantageous for victims of PFAS contamination as it strengthens Tyco’s ability to meet financial obligations in a $750 million settlement with drinking water systems.

This bolsters Tyco’s position to make significant contributions to a global AFFF firefighting foam settlement in the future.

The docket in the AFFF class action MDL has recently seen a surge in voluntary dismissal notices.

Typically, a notice of voluntary dismissal indicates that the case has been settled, although specifics remain confidential at this stage.

This trend suggests that numerous cases are being resolved, which could be a positive sign for ongoing litigation efforts.

In a significant development on July 22, 2024, Judge Gergel advanced the AFFF litigation by selecting nine cases proposed by the plaintiffs to proceed as bellwether trials.

These cases involve Pennsylvania residents with kidney or testicular cancer and Colorado residents with thyroid cancer or ulcerative colitis, all allegedly linked to exposure to aqueous film forming foam.

The court’s decision largely aligned with the plaintiffs’ proposal outlined in the update from July 17, 2024, which aimed to streamline the litigation process and focus on specific types of cases to expedite proceedings.

The defendants had presented a different set of cases, arguing for a broader representation based on gender, age, and exposure period.

However, the court favored the plaintiffs’ approach, signaling a positive development for the claimants.

In a strategic move to streamline the AFFF lawsuits and alleviate the burden on the court and involved parties, attorneys representing the victims have recommended focusing on specific types of cases.

By selecting kidney and testicular cancer cases from Pennsylvania and thyroid disease and ulcerative colitis cases from Colorado, the aim is to reduce the number of necessary depositions, expert reports, and evidence, thus expediting the legal process.

This proactive strategy seeks to secure multiple trial dates to advance the resolution of these cases efficiently, despite potential opposition from the defendants who may seek to delay trial proceedings.

A recent AFFF lawsuit was filed on July 11, 2024, on behalf of a former Georgia firefighter diagnosed with kidney cancer.

The plaintiff, a Navy veteran who served at Memphis Naval Station, alleges that his exposure to PFAS-containing materials during firefighting activities led to his cancer diagnosis.

This case underscores the ongoing impact of PFAS exposure on individuals involved in firefighting operations.

In a proactive step towards eliminating PFAS in firefighting activities, the Department of the Air Force has initiated the replacement of AFFF stocks with a new fluorine-free formulation (F3).

This transition, part of a broader Defense Department effort, aims to reduce the environmental and health risks associated with PFAS exposure.

The allocation of $8.55 million for the purchase of F3 signifies a commitment to safeguarding personnel and the environment from harmful chemicals.

The number of active AFFF lawsuits has shown a notable increase, reflecting growing concerns over the health effects of PFAS exposure.

With the total count rising from 8,270 to 9,198, individuals across various locations continue to seek legal recourse for alleged injuries linked to AFFF exposure.

These cases highlight the urgency of addressing the impact of PFAS-containing materials on public health and safety.

In a recent development, a new lawsuit was filed on Friday within the MDL on behalf of an Alabama man who worked as a career firefighter and was routinely exposed to AFFF.

Allegedly, as a consequence of this exposure, the Plaintiff was diagnosed with leukemia.

During the month of May, over 250 new cases were added to the AFFF firefighting foam class action MDL, slightly fewer than the previous month.

The total number of cases pending in the MDL has now reached 8,270.

Researchers conducted a study using in vitro 3D human skin equivalent models to analyze the absorption of 17 different PFAS when applied to the skin.

They discovered that shorter-chain PFAS exhibited higher absorption rates, while absorption decreased as the carbon chain length of the compounds increased.

Importantly, although longer-chain PFAS were not directly absorbed into the skin, a significant amount of these chemicals was retained within the skin tissue, with the potential for gradual release into the body over time.

The study also emphasized the impact of physicochemical properties on the dermal permeation of PFAS, revealing a clear inverse correlation between the lipophilicity of the substances and their absorption through the skin.

For experts representing plaintiffs in AFFF firefighting foam lawsuits, this study offers a valuable new resource.

The thorough examination of PFAS absorption through the skin validates the notion that dermal exposure to these chemicals can substantially contribute to the body’s PFAS burden.

This finding holds particular significance in cases involving individuals exposed to firefighting foams containing PFAS.

It establishes a scientifically supported pathway of exposure that directly links PFAS-containing products to the various health issues experienced by firefighters.

Such evidence further bolsters claims that manufacturers such as 3M should have been aware of and warned against the risks associated with dermal exposure to PFAS.

Following CMO 26C, both parties have devised a process for selecting plaintiffs for initial personal injury and wrongful death bellwether trials.

A rough outline of procedures and schedules has been established for managing two groups of plaintiffs alleging kidney cancer, testicular cancer, thyroid disease, and ulcerative colitis.

This structured approach aims to streamline discovery, expert testimony, motion practice, and trial preparations for these groups.

Today marked the deadline for AFFF foam lawyers on both sides to submit their proposals for a Case Management Order concerning Tier 2 Personal Injury Bellwether proceedings.

This deadline followed two extensions and has generated anticipation among many as to which diseases will be included in Tier 2.

The AFFF firefighting foam class action MDL has seen consistent growth, with 323 new AFFF cases added during April.

While this is a decrease from the 568 new cases added in March, it signifies a notable expansion, bringing the total number of pending cases in the MDL to over 8,000.

Our team remains committed to navigating this evolving landscape to advocate for our clients effectively.

Lawyers representing both sides in the AFFF litigation have submitted a joint motion requesting a brief extension for the submission of a proposed Case Management Order concerning Tier 2 Personal Injury Bellwether proceedings.

This motion seeks an additional fifteen days, setting a new deadline of April 24, 2024.

The extension is pursued to foster negotiation and potential consensus on the terms outlined within the proposed order, without altering existing deadlines in the litigation timeline.

A dispute involving AIG insurance groups, Lexington Insurance, National Union Fire Insurance, and Century Indemnity Co. regarding coverage for Kidde-Fenwal Inc. (KFI) lawsuits has emerged.

The AIG groups argue for arbitration concerning a “pollution exclusion” in their contract, while Century Indemnity contends that the lawsuits fall outside the insurance coverage period.

KFI, navigating Chapter 11 bankruptcy, asserts that the matter should be resolved in bankruptcy court rather than through arbitration.

A joint motion filed in the firefighting foam lawsuit aims to streamline the management of individual personal injury cases not covered under Case Management Order (CMO) 26.

It seeks to identify diseases linked to AFFF exposure, organize a Science Day for expert presentations, discuss bellwether case selection, and outline Daubert and dispositive motions plans.

Additionally, the motion imposes specific requirements on Plaintiffs asserting claims not covered by previous CMOs.

In non-MDL AFFF news, a Massachusetts judge has ruled in favor of the International Association of Fire Fighters (IAFF) ‘s lawsuit against the National Fire Protection Association Inc. (NFPA).

The lawsuit alleges unfair or deceptive practices and negligence in NFPA’s fire safety standards requiring the use of carcinogenic chemicals.

Last month saw a notable surge in the AFFF firefighting foam class action MDL, with 568 new cases added, marking the highest monthly volume in over a year.

The total pending cases in the MDL now stand at 7,738.

Case Management Order #28 sparks progress by outlining steps for exchanging scientific studies on AFFF diseases beyond water contamination suits, leading to the crucial AFFF Science Day.

This event educates the MDL judge on scientific nuances, aiding informed decision-making.

Bellwether case selection follows, with proposals due 60 days post-Science Day.

Spring 2024 marks a shift towards personal injury claims in AFFF litigation.

Testicular and kidney cancers emerge as primary concerns, expected to drive significant settlement claims.

Explore our videos for insights on these key cases and anticipated settlements.

Turnout gear PFAS claims gain prominence in AFFF litigation discussions.

Allegations center on health issues stemming from exposure to PFAS in firefighter protective gear.

Case Management Order No. 5F introduces structured procedures for managing Plaintiff Fact Sheets specific to turnout gear claims.

Despite a prior settlement addressing water contamination cases, AFFF litigation remains robust.

Adding 176 new cases last month brings the total count to over 7,000, underscoring ongoing momentum in our pursuit of justice.

The federal judge overseeing the case praised 3M Co.’s proposal to settle with public water systems for over $10.5 billion, addressing PFAS contamination concerns for approximately 12,000 public water systems.

This settlement proposal could impact negotiations in AFFF lawsuits, where concerns about 3M’s potential bankruptcy due to PFAS claims loom large.

In January, 279 new cases were added to the AFFF firefighting foam class action MDL, bringing the total pending cases to 6,994.

Attorneys handling AFFF cases are expediting filings to strengthen their position for potential settlements.

The MDL judge has approved a joint motion to extend the deadline for parties to engage in discussions regarding an ongoing discovery dispute and a motion to compel.

The new deadline for these discussions has been extended to January 31st.

In a recent development, AFFF lawyers have jointly filed a motion this morning, formalizing the Initial Personal Injury Bellwether Discovery Pool.

This pool comprises twenty-five plaintiffs, with a breakdown of five individuals claiming kidney cancer, eight alleging testicular cancer, eight with claims of hypothyroidism/thyroid disease, and four asserting cases of ulcerative colitis.

This procedural move is a crucial step in advancing AFFF personal injury and wrongful death trials through a bellwether discovery process.

Of significance is the agreement among the parties to waive their Lexecon rights.

Judge Gergel is scrutinizing the existing AFFF lawsuits to understand the trajectory of the litigation and the extent of cancers linked to firefighting foam.

In the AFFF class action, personal injury and wrongful death claims go beyond the court’s current review of four conditions.

These include kidney cancer, testicular cancer, hypothyroidism, and ulcerative colitis.

To evaluate the validity of additional cases, Judge Gergel has mandated actions in the next 60 days.

These include cataloging cases with diseases beyond the specified four, submitting relevant scientific studies, and organizing a ‘science day’ for experts to discuss the links between other diseases and exposure to AFFF-contaminated water.

Case Management Order #CMO 26B was issued in the AFFF firefighting foam MDL, streamlining the path to trial and a potential global settlement.

The order focuses on selecting plaintiffs for the “Initial Personal Injury Bellwether Discovery Pool,” essential for understanding similar cases.

By December 11, 2023, parties must submit a list, including lawyers, defendants, Lexecon waivers, injury details, and legal references.

The court will choose 28 plaintiffs for the pool, initiating Tier 1 Discovery.

AFFF lawyers will discuss discovery procedures and report back to the court next week, marking a significant step in the litigation process.

In the past month, 351 new cases have been added to the AFFF firefighting foam class action MDL, bringing the total number of pending cases to 6,400.

Approximately half of these cases involve municipal water contamination claims that have been settled.

The remaining cases consist of personal injury claims filed by individuals.

This month marks the selection of cases to be included in the bellwether discovery pool.

Per Case Management Order 26A from last month, the parties have until November 14, 2023, to share their lists of proposed plaintiffs for potential inclusion as bellwether candidates.

These selected plaintiffs will then undergo case-specific fact discovery, leading to the eventual choice of a few for the actual personal injury bellwether trials.

A recent study in eBioMedicine reveals a significant association between elevated levels of a specific PFAS, linear perfluorooctanesulfonic acid (PFOS), and an increased risk of thyroid cancer.

The research reports a 56% higher likelihood of thyroid cancer diagnosis in individuals with higher linear PFOS concentrations.

The City of Eau Claire, Wisconsin has filed a lawsuit against PFAS manufacturers, alleging the presence of these chemicals in the city’s well fields and well water, which residents rely on for drinking water.

The lawsuit is now transitioning to federal court.

Due to PFAS contamination, the city has had to close nearly half of its wells and anticipates over $20 million in repair costs.

Judge Gergel recently communicated that the forthcoming bellwether cases will originate from four water utility lawsuits originating in towns across New Jersey, New York, California, and South Dakota.

As claims against DuPont, 3M, and Chemours are temporarily suspended awaiting settlement approval, the lawyers representing the plaintiffs will shift their primary attention to unresolved cases involving companies such as Tyco, Daikin, and ACG Chemicals.

Telomer-based AFFF (Aqueous Film-Forming Foam) is a firefighting foam believed to have lower levels of PFAS chemicals.

Due to this difference, the water contamination cases linked to Telomer AFFF were not part of the recent global settlement involving water providers.

The initial Telomer bellwether trial is scheduled for August 2024.

It raises the question of how, if at all, this trial might affect the timeline for the individual cancer cases within the AFFF MDL.

Plaintiffs’ lawyers recently submitted a letter to the judge containing information about an EPA Press Release.

The release emphasized the immediate health concerns related to PFAS chemicals, which are often referred to as “forever chemicals.”

The EPA’s Assistant Administrator for Water, Radhika Fox, highlighted the substantial health risks associated with prolonged exposure to PFAS, including PFOA and PFOS, which the EPA considers potential carcinogens with no established safe consumption levels.

Nearly 1,000 fresh cases have been incorporated into the AFFF firefighting foam class action MDL over the past two months.

Consequently, the total count of plaintiffs within the AFFF MDL has surged to 5,614.

It’s worth noting that a substantial portion of these cases pertains to water contamination and has already been effectively addressed through a recent comprehensive global settlement.

A recent law enacted in New Hampshire designates all forms of cancer among firefighters as a presumptive occupational disease, making it easier for them to access workers’ compensation.

The law, signed by Governor Chris Sununu, addresses concerns about the occupational hazards firefighters face, including exposure to harmful chemicals and the stressful nature of their profession, with the aim of providing better support and protection for firefighters facing cancer diagnoses.

Judge Gergel approved an unopposed motion to replace the plaintiff in a wrongful death lawsuit after the original Alabama plaintiff passed away.

The deceased plaintiff’s daughter has now stepped in as the new plaintiff.

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

This surge follows the recent announcement of a global settlement for water contamination cases.

Currently, there are more than 5,000 pending cases in the MDL; however, the breakdown between water contamination cases and cancer cases is unclear.

Tennessee has joined approximately 20 other states in suing manufacturers of PFAS, commonly known as “forever chemicals.”

The state alleges that these companies were aware of the detrimental effects of their actions and products on Tennessee’s population and natural surroundings.

A recent study by the National Institute of Standards and Technology (NIST) has confirmed that “forever chemicals” known as PFAS, some of which are linked to cancer, are present in the textiles commonly used in firefighters’ turnout gear.

In a study analyzing 20 gear samples, researchers identified between 1 and 17 types of PFAS in each sample, amounting to a total of 53 types.

They found the outer layers of the turnout gear continued the highest concentrations of PFAS, while the lowest amount could be fond in the layer closest to the firefighter.

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

The city alleges PFAS contamination of its water supply from the defendants’ firefighting foam products.

The trial will address complex scientific evidence and could have significant implications for the litigation.

The defense files its final list of trial exhibits, trial brief, and deposition designations ahead of the upcoming bellwether trial.

The court denies a defense motion for summary judgment, ensuring the jury will decide the majority of plaintiffs’ claims.

A hearing is scheduled to address objections and disputes related to trial exhibits in the first bellwether lawsuit of the firefighting foam class action MDL.

The National Institute of Standards and Technology (NIST) publishes research revealing the presence of PFAS in firefighting equipment textiles, highlighting potential health risks and providing valuable data for the development of safer gear.

The judge orders the parties to submit selected deposition parts and a list of evidence for the upcoming trial.

Cases for the firefighting foam class action lawsuit are still ongoing.

The intent is to remove the cancer causing products in protective firefighter gear permanently.

Lawyers are currently preparing for the first trials related to this case.

The International Association of Fire Fighters (IAFF) filed a lawsuit against the National Fire Protection Association (NFPA) in Massachusetts state court, accusing them of requiring the use of per- and poly-fluoroalkyl substances (PFAS) in firefighter protective gear.

The lawsuit alleges that the NFPA could have used other materials to protect firefighters from exposure to toxic chemicals but chose to use PFAS, which have been linked to severe health effects, including cancer.

The IAFF is seeking to hold the NFPA liable for not removing the dangerous test from its standard.

The firefighting foam class action MDL saw 354 new cases, bringing the total number of pending cases to 4,058.

The increase in filings could be due to lawyers anticipating a settlement and trying to get cases filed before it happens.

A new AFFF firefighter lawsuit was filed in accordance with Case Management Order No. 3, issued by Judge Richard M. Gergel in South Carolina, which houses all federal AFFF suits.

The plaintiff, a former firefighter in the US Marine Corps, alleges that exposure to fluorochemical products led to his diagnosis of prostate cancer and subsequent prostatectomy.

His AFFF 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.