PFAS Firefighting Foam Lawsuits
In California, Massachusetts, and New York, a new group of firefighters has joined thousands of other firefighters, utilities, and government agencies in filing lawsuits against 3M, DuPont and Chemours, and other companies. The firefighters and agencies allege that chemicals found in their protective gear and foam used to fight fires cause health problems such as increasing their risk for cancer, liver disease, ulcerative colitis, and other illnesses. They also allege that the companies knew the products were dangerous but failed to warn the public of the dangers.
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Where will the cases be heard?
The lawsuits will likely be folded into hundreds of other cases across various states and heard in a multidistrict litigation in the U.S. District Court for the District of South Carolina, according to a Bloomberg Law article. More than 1,800 cases are part of the multidistrict litigation. Water utility cases will proceed first, with a bellwether trial scheduled for January. Most of the cases in the lawsuit focus on PFAS firefighting foam, while a smaller number focus on the protective gear. Attorneys will likely file more protective gear cases in early 2023, Bloomberg says.
What is PFAS firefighting foam?
PFAS refers to a group of chemicals that has been used commercially since the 1940s, according to the Legal Examiner. The chemicals are water-resistant and durable and are ingredients in many household items, according to TheTimesNews. Aqueous film-forming foam (AFFF) is one item that often contains PFAS chemicals, according to the Legal Examiner. Firefighters, manufacturers, and the aviation industry have used AFFF for some time.
Firefighting foam comes in two types: Class A and Class B. Class A foam fights fires caused by wood, paper, and brush, including wildfires. Class B foam suppresses other types of fire. Class B foams either have fluorine or are fluorine-free. The fluorinated foam contains per- and polyfluoroalkyl substances, known as PFAS, according to the Legal Examiner. The PFAS are the active ingredients that make AFFF effective in squelching fires caused by petroleum or other highly flammable liquids. Once AFFF mixes with water and is released into flames, it creates a film that cools the fire and smothers it.
Recently, the impact of PFAS firefighting foam on the environment has been an issue for discussion because the chemicals do not break down easily. State governments have filed some of the firefighting foam lawsuits because they want the companies to help with cleanup.
How do the companies respond to the firefighting foam lawsuit allegations?
Bloomberg Law quotes 3M as saying, “3M is proud of the many ways we apply science to create products that our customers rely on. We will continue to vigorously defend our record of responsible use of PFAS and environmental stewardship in ongoing litigation, including these cases.”
However, The Intercept says that 3M knew in the 1970s that PFAS were toxic. 3M settled a lawsuit in 2018 related to groundwater in Minnesota that had been polluted by PFAS. 3M agreed to pay $850 million in that lawsuit, and the Minnesota attorney general released several internal documents that demonstrated 3M knew of the dangers, according to The Intercept.
Is firefighting foam toxic?
Many research organizations and government agencies believe that firefighting foam can be toxic. The Centers for Disease Control (CDC) call PFAS “Forever Chemicals” because they stay in the human body forever. It links high levels of these chemicals with high cholesterol, high blood pressure, and cancer. The US Fire Administration, a part of FEMA, says that AFFF contains PFAS. Long-term exposure to PFAS in high concentrations can increase the risk of thyroid disease and testicular, kidney, and bladder cancers. The Agency for Toxic Substances and Disease Registry says that PFAS can impact the immune system, making those exposed to high levels of PFAS at a higher risk of contracting infectious diseases.
What chemicals are in AFFF foam?
Many AFFF formulations contain per- and polyfluoroalkyl substances (PFAS). Many contain hydrocarbon-based surfactants, including sodium alkyl sulfate and fluorosurfactant. Some AFFF formulations, however, are fluorine-free, which means they do not contain PFAS, according to the Interstate Technology Regulatory Council.
How do I find help if I have been exposed to firefighting foam?
You may be eligible for compensation if you or your loved one has been exposed to PFAS firefighting foam. Compensation can help provide for you and your family if you can no longer work, cover the cost of your medical bills, and help you manage your life with any health problems you may have. It can also help provide for the loved ones of firefighters who die from illnesses they may have developed because of exposure to PFAS. Contact us at Sonstein Law for a free consultation to determine whether you are eligible to file a firefighting foam lawsuit.
How do I find help if I have been exposed to firefighting foam?
You may be eligible for compensation if you or your loved one has been exposed to PFAS firefighting foam. Compensation can help provide for you and your family if you can no longer work, cover the cost of your medical bills, and help you manage your life with any health problems you may have. It can also help provide for the loved ones of firefighters who die from illnesses they may have developed because of exposure to PFAS. Contact us at Sonstein Law for a free consultation to determine whether you are eligible to file a firefighting foam lawsuit.
