AFFF Lawsuit March 2023: Do You Qualify for a Firefighting Foam Lawsuit?

Aqueous Film Forming Foam (AFFF), which is used by the military, airports, and other industries, has been linked to numerous types of cancer and health effects.

The chemicals in AFFF firefighting foam, known as PFAS chemicals or forever chemicals, do not break down. Scientific research has found that PFAS can remain in the environment and in the human body for an indefinite period of time.

AFFF Lawsuits are being filed on behalf of those who were exposed to firefighting foam and subsequently diagnosed with cancer or other health problems.

If you or a loved one have suffered from health problems related to AFFF exposure, contact TruLaw for a free consultation or use the chatbot on this page to see if you qualify for legal action instantly.

What is the AFFF Lawsuit?

fitrfighting foam on airplaneToxic chemicals known as PFAS or forever chemicals are in firefighting foam used by firefighters, military firefighters, airports, industrial workers, and others. These chemicals have been linked to various types of cancer and other health problems.

The Aqueous Film Forming Foam (AFFF) Lawsuit seeks to compensate those suffering from exposure to AFFF firefighting foam, holding AFFF manufacturers liable for injuries and health problems associated with exposure.

There is a multidistrict litigation (MDL) filed on behalf of victims exposed to firefighting foam on the job or through consuming contaminated water. AFFF MDL 2873 is a consolidated lawsuit in the US District Court: District of South Carolina.

What is Aqueous Film Forming Foam (AFFF)?

Aqueous Film Forming Foam (AFFF) is a type of firefighting foam that is used to extinguish liquid fires, such as those started by oil, jet fuel, and industrial chemicals.

The firefighting foam works by combining with water to form a film layer that suppresses a fire’s oxygen source and prevents it from re-igniting.

AFFF firefighting foam has been used since the 1970s, originally produced by a collaboration between 3M and the US Navy. It has been banned in some areas, and currently is widely reserved for use in extreme situations.

Firefighting Foam and PFAS Chemicals Health Risks

AFFF firefighting foam contains Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS).

PFAS chemicals are known as “forever chemicals” due to their ability to remain in the environment and human bodies for an indefinite period of time. Exposure to these chemicals has been linked to numerous types of cancer and other health effects:

  • Bladder cancer
  • Breast cancer
  • Colon cancer
  • Kidney cancer
  • Liver cancer
  • Pancreatic cancer
  • Prostate cancer
  • Colorectal cancer
  • Testicular cancer
  • Thyroid cancer
  • Increased cholesterol levels
  • Changes in liver enzymes
  • Small decreases in infant birth weights
  • Decreased vaccine response in children
  • Increased risk of high blood pressure or pre-eclampsia in pregnant women

People are exposed to firefighting foam and PFAS chemicals from firefighting foam in many ways. Firefighting foam lawsuits have been filed on behalf of individuals suffering from occupational exposure and also from individuals suffering from exposure to PFAS chemicals in drinking water near an area where AFFF firefighting foam was used regularly.

Previous AFFF Lawsuits and PFAS Contamination Lawsuits

firefighting foam putting out fireA number of lawsuits have been filed and settled for AFFF exposure and exposure to PFAS. PFAS exposure lawsuits have garnered significant settlements, and lawsuits for exposure to PFAS through certain avenues, like AFFF firefighting foam, are gathering steam.

The AFFF MDL has yet to reach any settlements, with bellwether trials scheduled for December 2022.

Firefighting Foam Lawsuits

Well over 2,500 firefighting foam lawsuits have been consolidated in the MDL, but other AFFF lawsuits have been filed or settled outside of the MDL.

  • An Ohio jury trial resulted in DuPont being ordered to pay a $50 million verdict for a testicular cancer victim and his wife.
  • An AFFF class action lawsuit was filed on behalf of the National Rural Water Association (NRWA) against AFFF manufacturers and producers.
  • A class action lawsuit was recently filed in New York on behalf of military service members who were exposed to AFFF during their time in service. The class action names a number of companies as defendants, including 3M, DuPont, Chemours, Tyco Fire Products, and more. These companies are accused of knowing about the risks associated with AFFF but failing to warn service members or take steps to protect them.

PFAS Exposure Lawsuits

Many of the PFAS exposure lawsuits have been class action lawsuits. Below are a few settlements reached with companies accused of contaminating the environment with PFAS:

AFFF Lawsuit Settlement Amountscontaminated water

As no AFFF lawsuits in the AFFF MDL have been settled, it’s a bit too early to determine average settlement amounts.

According to the legal community, AFFF lawsuit settlement amounts could range from $10,000 to well over $300,000 depending on the strength of the claim, level of exposure, and the medical problems suffered.

These figures are not a guarantee of financial compensation for AFFF exposure.

Can I File an AFFF Lawsuit?

If you or a loved one have been exposed to firefighting foam and subsequently received a cancer diagnosis, you may qualify for an AFFF lawsuit.

AFFF foam lawsuits aim to hold AFFF manufacturers and producers liable for injuries and damages suffered as a result of exposure.

In order to have a sufficient claim, firefighting foam lawyers will direct you in gathering evidence for your AFFF lawsuit, assessing damages incurred as a result of exposure, and determining liable parties.

Gathering Evidence for Firefighting Foam Lawsuits

In AFFF firefighting foam lawsuits, evidence is extremely important. You should do everything in your power to gather and preserve relevant evidence for your AFFF foam lawsuit. Make copies of medical bills and records, document your cancer diagnosis or other health problems, and keep any other evidence safe for your law firm to handle.

Evidence in AFFF firefighting foam lawsuits may include:

  • Medical expenses and records
  • Cancer diagnosis information
  • Documentation on other health problems
  • Employment records
  • History of AFFF exposure
  • Personal and witness testimony
  • Any other information relating exposure to firefighting foam with health condition(s)

An experienced team of personal injury lawyers will be able to guide you on evidence specific to your AFFF lawsuit.

Assessing Damages in an AFFF Lawsuit

talking with doctor about cancerDamages are the total amount of economic and non-economic losses incurred as a result of exposure to PFAS in AFFF firefighting foam.

Your firefighting foam lawyers will be able to help determine your damages and demand adequate financial compensation from the defendants.

Damages in an AFFF foam lawsuit may include:

  • Current or past medical expenses
  • Future medical bills
  • Pain and suffering and other emotional damages
  • Permanent disability
  • Lost wages or lost earning ability
  • Loss of consortium
  • Punitive and compensatory damages

Damages depend on the strength of one’s case and the ability to gather crucial evidence. Personal injury lawyers will help their clients to determine their damages and gather evidence that supports the demand for financial compensation.

TruLaw: Accepting Clients for AFFF Lawsuits

TruLaw’s network of AFFF lawyers is accepting clients in all 50 states and filing AFFF lawsuits on behalf of those exposed to toxic chemicals in firefighting foam.

If you or a loved one have been exposed to firefighting foam and subsequently suffered health problems or a cancer diagnosis, you may qualify for an AFFF lawsuit.

Contact TruLaw for a free consultation or use the chatbot on this page to see if you qualify for legal action instantly.

Updates for AFFF Lawsuit

March 2023 Update for AFFF Lawsuit

On March 2, 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.

On March 7, 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.

On March 16, 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 2023 Update for AFFF Lawsuit

February 3, 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 13, 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 16, 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 17, 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 23, 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.

January 2023 Update for AFFF Lawsuit

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.