Firefighters and military personnel used aqueous film-forming foam (AFFF) to combat fuel fires. These contain per-and-poly-fluoroalkyl substances (PFAS) that are carcinogenic elements. If ingested or inhaled, PFAS can lead to cancer and other chronic health issues.
As a fire suppressant, AFFF effectively extinguishes flammable liquids. However, its deadly composition includes 3% to 6% of toxic PFAS. This substance is a ‘forever chemical’ that does not break down in nature.
It can seep into the soil and mix with the underground water supply. As a result, PFAS poisoning can become a dreadful reality. Have you or a family member developed any health issues after prolonged exposure to AFFF? Then, you might be eligible for the firefighting foam lawsuit.
In this blog, we will delve into health issues caused by AFFF exposure and discuss the lawsuit.
What Led to the Firefighting Foam Lawsuit?
The workers, manufacturers, firefighters, and military personnel followed the AFFF studies and research. They got to know that PFAS stays in the body for an indefinite period. Moreover, it proved years of contamination led to cancer, other health issues, and death.
Victims were furious after learning about the side effects of AFFF. The only way they could get justice was to file an AFFF lawsuit. Ideally, you can file lawsuits for PFAS-exposed family members battling cancer. This litigation aims to compensate victims who have suffered from industrial negligence and failure to warn.
According to TruLaw, the settlement amounts can range between USD 10,000 and USD 300,000. However, it will depend on the level of exposure, the medical proof presented, etc. All AFFF manufacturers, including DuPont, 3M, and Chemours, are liable for this. In July 2023, 493 cases were consolidated into the ongoing multi-district litigation (MDL).
It represented the highest volume of AFFF cases. The good news is that the plaintiffs are slowly winning this litigation. In 2020, DuPont paid USD 50 million as compensation for the AFFF cancer lawsuits.
How Do You Determine Your Eligibility?
The use of AFFF is prevalent in aviation operations, chemical plants, flammable liquid processing units, oil refineries, and military facilities. You or your family may have been exposed to PFAS if you work or have worked in any of these industries.
You or your loved ones are eligible for the lawsuit if diagnosed with chronic health issues caused by AFFF exposure. Additionally, you can opt for this litigation if you have worked directly with AFFF or were involved in its manufacturing.
Then, you can pursue a product liability lawsuit against the manufacturing companies for knowingly endangering you. Victims can file a lawsuit if they develop the following health issues:
- Increased cholesterol levels
- All types of cancer
- Low infant birth weights
- High blood pressure
- Mesothelioma
- Neuroendocrine tumors
A Consumer Notice report suggests that people living near PFAS-using facilities are at risk. Anyone drinking PFAS-contaminated water can also develop health issues. Therefore, the manufacturers received hefty allegations of poisoning the country.
How to Win a Firefighting Foam Lawsuit?
The PFAS litigation is on a positive course. As mentioned, there have already been cases of compensation received from accused companies. For instance, 3M paid USD 850 million for environmental damage in Minnesota.
That means the chances of winning the case are high. However, your claim should have a strong and sufficient evidence pool. Ideally, your attorney will assess the damages and determine the exposure levels to help with estimated compensations.
The evidence required to win the AFFF lawsuit are:
- Medical reports and records of cancer treatments
- Information on medical problems faced due to exposure
- Employment records to corroborate the industry you have worked in
- Evidence that proves physical, financial, and mental damage
- Witness testimonials and a proven history of PFAS exposure
Gather and preserve all evidence of PFAS exposure due to AFFF use. You can provide copies of medical bills and cancer evidence to your attorney.
This way, they will help determine the extent of the losses suffered. Some of them include permanent disabilities, medical expenses, and loss of employment. The accused companies will compensate for these if you have definitive proof.
The Way Forward
For many decades, AFFF has been the gold standard for fire extinguishers. However, studies from 2015 exposed it for what it was. After that, many labs researched firefighting foam’s toxicity and got the same results. Since then, AFFF manufacturers have been under scrutiny.
The worst part is that these companies were aware of the toxicity. However, they did not act on it because of corporate greed. Now, they are trying to make amends after facing legal backlash and losing millions of dollars. The U.S. military stated that they would stop using AFFF by October 2024. Similarly, the European Union has banned AFFF usage under any circumstances.
PFAS can cause a buildup of harmful chemicals if inhaled in high concentrations. To counter that, organizations should replace AFFF with fluorine-free solutions. Additionally, individuals exposed to AFFF should clean contaminated equipment and shower within one hour.
