Firefighting Foam Lawsuit – AFFF Cancer Lawyers

Cases No Longer in the AFFF MDL

In addition to the MDL cases, several states and municipalities also filed lawsuits to recoup costs associated with having the retrofit equipment in water treatment plants and other costs associated with dealing with PFAS and AFFF. The state and municipal government PFA lawsuits settled for 11.19 billion dollars.

The 8000 cases consolidated in multi-district litigation (MDL 2873) pending in the U.S. Federal District Court of South Carolina are not the only cases. A number of cases that did not qualify for the MDL are opted out and tolled while the MDL continues and science develops.

AFFF Lawsuits Updates

In July 2024, approximately 300 cases were voluntarily dismissed from the MDL. A procedure for dismissing AFFF cases that did not have one of the accepted cancers and preserving the right to refile in state court was established in May, so there is a good chance these cases were dismissed for that reason.  There is also the possibility that some may have settled confidentially.

The opposing sides have recently finalized a plan for conducting discovery on the bellwether trials. The Initial Personal Injury Bellwether Discovery Pool is made up of 25 cases. The damages alleged in these cases include kidney cancer, testicular cancer, hypothyroidism/thyroid disease, and ulcerative colitis. Settlement discussions regarding the AFFF lawsuits and the PFAS lawsuits are currently underway.  Thus, if you are a firefighter diagnosed with cancer after using AFFF, now is the time to file your AFFF lawsuit and join the MDL.

What is AFFF?

AFFF is an acronym for aqueous film-forming foam. AFFF is a foam designed to extinguish jet fuel- and petroleum-based fires. It has been around for decades. AFFF is dangerous to humans because it contains various PFAs.

What are PFAS?

PFAS are a grouping of over 9000 different synthetic chemicals used in hundreds of products. PFAS are dubbed forever chemicals because when spilled, placed, or dumped in the environment, they do not break down naturally, and they will accumulate for years in the bloodstream. More than 95% of the U.S. population is believed to have PFAS inside them. They have been used for over 70 years and can be found in household products such as microwave popcorn packages, Teflon, and Scotchgard. PFAS are a common component used in AFFF firefighter foam.

What Cancers are Caused by the PFAS in AFFF?

A number of cancers are still being investigated for a possible link to PFAS found in the firefighter foam.  Some of these include:

• Kidney cancer
• Pancreatic cancer
• Prostate cancer
• Testicular cancer
• Breast cancer
• Bladder cancer
• Ovarian cancer
• Liver cancer
• Lymphoma
• Thyroid cancer

The primary four illnesses that will be tested in the first bellwether trials are:

• kidney cancer
• testicular cancer
• hypothyroidism/thyroid disease, and
• ulcerative colitis

Do I Have a Firefighter Foam Cancer Claim?

Anyone making a cancer claim will need to be able to establish a qualifying illness diagnosis as well as proof of prolonged exposure to AFFF based upon direct exposure or living on or around a highly-affected area, such as a military base where AFFFs were widely used. Exposure through regular use at your job, such as firefighters, military servicemen exposed on board ships and/or at bases, or persons working in the PFAS factories, are all examples of direct exposure cases. Living on or around a military base where contamination occurred is an example of indirect exposure. The timing of your exposure, length of exposure, and timing of your cancer diagnosis may also play a role in which cases are accepted. This may vary depending upon which state your exposure took place in.  Other law firms’ criteria may differ from ours regarding which toxic tort cancer cases and locations they accept.

Evidence 3M and Others Knew of the Danger

3M developed AFFF as a fire suppressant in collaboration with the Navy in the 1960s. Various studies and reports going back to the 1970s suggest that manufacturers of AFFF were aware of the potential dangers posed by PFAS. Tests done in the 1970s found that PFAs build up in the bloodstream over time for workers on the PFAS plants and do not go away. Studies in the 1980s suggested that PFAs could cause cancer in lab rats. By 1990, increased cancer risks for humans exposed were becoming apparent.  Ongoing studies of recent times suggest that we are just at the surface of learning what cancers can be linked to PFA exposure and to what degree.

In 2002, 3M voluntarily ceased producing AFFFs but there were no regulations placed on their continued use from stock-piled resources nor restrictions placed on their use from other sources. . In 2006, the U.S. Environmental Protection Agency launched a program to reduce PFAS emissions and product content by 95% by 2010 and 100% by 2015 due to the hazardous nature. Despite this, companies have continued to use them from stock-piled PFA resources and/or continued production.

In 2005, Air Services replaced 3M’s Lightwater AFFF with Ansulite AFFF. Studies have shown that firefighters who were exposed prior to 2005 have a higher average concentration than the general population of several types of PFAS. Conversely, firefighters starting after 2005 have levels close to the general population. Thus, older career firefighters are at a greater risk.

Talk to an AFFF Cancer Lawyer

If you or a loved one has developed one of the above cancers after prolonged exposure to firefighter foam through their work, talk to an AFFF cancer attorney to see if your case qualifies for the developing AFFF MDL. The first bellwether trial is currently set for June 2023. It involves a water contamination case brought by the City of Stuart, Florida vs. 3M Company and other manufacturers. The court is expected to set deadlines to join the MDL in the near future that could bar your claim.  Talk to a lawyer about your AFFF cancer lawsuit to protect your rights. These cases are worked on as co-counsels with other law firms.