Aqueous Film-Forming Foam (AFFF) is a fire suppressant widely used by firefighters, military personnel, and at airports to combat fuel-based fires. While effective at extinguishing flames, AFFF contains per- and polyfluoroalkyl substances (PFAS), including PFOA and PFOS. These “forever chemicals” persist in the environment and human body, and have been linked to various serious health conditions, including cancer, liver damage, and thyroid disease.
AFFF lawsuits allege that manufacturers such as 3M, DuPont, and Tyco Fire Products knew about the potential health and environmental risks associated with PFAS-containing firefighting foams but failed to warn users or the public about these dangers. It is claimed that these companies continued to produce and sell AFFF despite internal knowledge of its harmful effects. These lawsuits further assert that the manufacturers prioritized profits over the health and safety of firefighters, military personnel, and communities affected by AFFF contamination.
By pursuing an AFFF lawsuit, you may be able to seek compensation for personal injury, increased risk of disease, medical monitoring, and other damages resulting from exposure to PFAS through firefighting foam. These legal actions aim to hold AFFF manufacturers accountable for potentially putting countless individuals at risk and to ensure that those affected receive proper medical care and compensation. Additionally, AFFF litigation seeks to drive changes in industry practices and push for the development and use of safer fire suppressant alternatives.
The multidistrict litigation (MDL) now encompasses nearly 9,900 pending cases, reflecting increased legal action concerning health risks associated with AFFF exposure. In October 2024, Carrier Global Corporation agreed to a $730 million settlement related to its subsidiary, Kidde-Fenwal, addressing numerous lawsuits over AFFF products.
Additionally, Judge Richard M. Gergel issued an order updating the Plaintiff Profile Form (PPF) in the AFFF MDL to standardize information collection, facilitating a more efficient legal process as settlements approach. Preparations for upcoming bellwether trials are underway, with expert reports and discovery processes progressing, expected to provide insight into the resolution of future AFFF claims. Recent filings, such as a lawsuit by a North Carolina firefighter alleging that AFFF exposure during training exercises led to kidney cancer, highlight ongoing health concerns and legal actions related to AFFF exposure. We will continue to update you as the month continues.
As of October 2024, the Aqueous Film-Forming Foam (AFFF) litigation has expanded significantly, reflecting the ongoing concerns and claims related to per- and polyfluoroalkyl substances (PFAS) found in firefighting foam. The multidistrict litigation (MDL) for AFFF has continued to grow, with an additional 320 cases filed in September, bringing the total number of lawsuits to nearly 9,900. Carrier Global Corporation recently agreed to pay $615 million over five years to settle current and future AFFF-related claims.
This major settlement aims to address the significant environmental and health risks associated with PFAS contamination, particularly in communities impacted by exposure to the chemicals in firefighting foam. Carrier’s former subsidiary, Kidde-Fenwal, has entered bankruptcy proceedings to manage liabilities from ongoing PFAS-related lawsuits. A considerable portion of the settlement, $540 million, is allocated to Kidde-Fenwal’s liabilities, with an additional $190 million reserved for claimants.
This move reflects the extensive costs associated with PFAS litigation and the financial burden placed on companies linked to AFFF production and distribution. Further progress is being made toward bellwether trials, which are intended to address specific personal injury claims linked to AFFF exposure. These trials will serve as test cases to help establish precedents for resolving the many similar lawsuits in the MDL.
The outcomes are expected to shape future settlements and influence the approach taken in other cases within the MDL. Each development underscores the gravity of the health and environmental risks attributed to PFAS in AFFF, as well as the legal and financial measures companies must adopt to address these issues.
As of September 2024, the AFFF lawsuits have increased to 9,843 cases, with 9,576 still pending in the U.S. District Court for the District of South Carolina. The lawsuits focus on claims from firefighters and others exposed to PFAS chemicals in AFFF, linking these exposures to serious health issues, such as kidney, testicular, and thyroid cancers, as well as ulcerative colitis. Recently, Judge Richard Gergel selected nine bellwether cases involving these conditions for initial trials. The outcomes of these trials could influence future settlements and resolutions for the thousands of cases pending nationwide, potentially ranging from $175,000 to $325,000 per case.
Scientific evidence supporting the plaintiffs’ claims has strengthened recently. New research has demonstrated how PFAS chemicals, found in AFFF, can enter the human body through skin absorption, providing a direct link between dermal exposure and certain cancers. This evidence could play a crucial role in the bellwether trials by substantiating claims that manufacturers like 3M and Dupont should have known about and warned against the risks associated with PFAS exposure.
With the selection of bellwether cases and the accumulation of scientific evidence, there is growing pressure on defendants to settle to avoid potentially costly jury verdicts. The litigation is expected to continue expanding, with potential settlements and resolutions anticipated by mid-2025. Additionally, legislative efforts are underway to phase out PFAS-containing foams, particularly at airports and military installations, to prevent future health risks.
No definitive settlement amounts have been finalized in the AFFF litigation for the month of August. However, there are estimates and expectations regarding potential settlement amounts based on the type of injury and the strength of the evidence presented.
Legal experts estimate that settlements could range between $40,000 and $300,000 or more per individual case. This range is highly dependent on factors such as the severity of the health condition, the extent of exposure to AFFF, and the strength of the scientific evidence linking AFFF to the specific injury. Settlement amounts are expected to be influenced by the outcomes of upcoming bellwether trials, especially those starting in January 2025. The results of these trials will likely provide benchmarks for settling the thousands of other cases pending in the MDL.
While no AFFF-specific settlements have been publicly disclosed as of August 2024, comparisons are being drawn to previous PFAS-related cases, where settlements ranged from tens of thousands to millions of dollars, depending on the case specifics. Given the current state of the litigation, significant settlements may still be months away, pending the outcomes of key trials and ongoing negotiations. While the potential settlement amounts can vary significantly, it’s crucial to remember that the strength of your case and the severity of your injuries will play a significant role in determining the final outcome. We remain dedicated to advocating for your rights and pursuing the maximum compensation possible in your case.
The Air Force is replacing its AFFF stocks with a new PFAS-free firefighting foam (F3). This initiative, funded by the Defense Department, allocates $8.55 million to purchase over 270,000 gallons of F3. The transition began overseas and is now reaching U.S. bases. The Air Force’s decision to switch to a fluorine-free alternative could put pressure on the AFFF manufacturers to settle the lawsuits to avoid further litigation and potential liability. With the case nearing a critical stage and a high number of lawsuits, legal experts believe a settlement might be on the horizon. This could benefit both sides – plaintiffs might receive compensation faster, and manufacturers could avoid the uncertainty and potentially high costs of individual trials.
AFFF lawsuits saw a significant rise, jumping from 8,270 in June to 9,198 in July. A new lawsuit filed on Friday exemplifies the trend. A Kentucky resident alleges severe injuries, including thyroid disease, due to AFFF exposure. The plaintiff, a volunteer and contract firefighter since 2015, claims his thyroid condition and related suffering stem from AFFF use at fire departments in Florida and Kentucky. He blames exposure during his service at Greater Naples Fire Rescue, Caneyville Volunteer Fire Department, and Irvington Fire Department. The lawsuit emphasizes the established link between PFAS-containing AFFF and thyroid issues.
Recently, lawyers have created strong proposals to push the AFFF lawsuits along. The focus is going for specific illnesses in different states and putting all their time into them. This should reduce stress on the court and minimize the number of necessary documents and export reports. While the goal is to gain as man trial dates as possible, the defendant will spend time trying to stall the courts for as long as they can. This can give or a loved one the opportunity to reach out to a strong legal counsel if you feel that you have been affected by AFFF in some way. You don’t want to miss any opportunity to receive the justice you deserve.
In June 2024, there have been significant developments in the AFFF (Aqueous Film-Forming Foam) lawsuits, primarily concerning the ongoing multidistrict litigation (MDL) in the U.S. District Court for the District of South Carolina. The number of active AFFF lawsuits increased significantly from May to June 2024. As of early July, the total number of pending cases in the MDL has exceeded 9,000, marking a substantial rise from the previous month’s total of 8,270 cases. This surge includes new filings from individuals alleging serious health issues, including thyroid disease, due to AFFF exposure.
The MDL is progressing towards selecting cases for bellwether trials, which are crucial for setting precedents and guiding potential settlements. These trials will help both plaintiffs and defendants gauge how juries might respond to evidence and testimony regarding AFFF-related health issues, particularly cancers linked to PFAS chemicals found in the foam. In May 2024, the court issued Case Management Order No. 30, establishing protocols for dismissing personal injury claims that do not meet specific criteria. This order is part of ongoing efforts to streamline the litigation process and manage the increasing volume of cases.
Despite ongoing settlements, such as the $12.5 billion agreement by 3M to address water contamination claims, new individual personal injury lawsuits continue to be filed. These cases highlight a wide range of health issues, including various cancers and thyroid disease, linked to AFFF exposure. The litigation underscores the severe health risks associated with PFAS, often referred to as “forever chemicals” due to their persistence in the environment and human body. Studies have linked PFAS exposure to several cancers and other health problems, reinforcing the claims made in the lawsuits.
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