Firefighting foam is a product that has been used for decades by firefighters, military personnel, and other fire-control occupations to extinguish fires that involve flammable liquids, such as jet fuel, gasoline, and oil. However, this product contains chemicals that are harmful to human health and the environment. In this blog post, we will explore the legal landscape of AFFF mass tort lawsuits, which are legal actions filed by thousands of plaintiffs who have suffered from the effects of firefighting foam.

What Is AFFF and Why Is It Harmful?

AFFF stands for Aqueous Film Forming Foam, which is a substance that creates a film of water and surfactants over the surface of a fire, cutting off the oxygen supply and smothering the flames. AFFF was developed in the 1960s and has been widely used by the U.S. Navy, the Air Force, and civilian fire departments to combat fires involving flammable liquids.

However, AFFF contains chemicals called perfluoroalkyl and polyfluoroalkyl substances (PFAS), which are synthetic compounds that are resistant to heat, water, and oil. PFAS are also known as “forever chemicals” because they do not break down easily in the environment or in the human body.

PFAS can contaminate groundwater, soil, and drinking water sources near the sites where AFFF was used or stored. PFAS can also accumulate in the blood, organs, and tissues of people who are exposed to them through ingestion, inhalation, or skin contact.

PFAS have been linked to various health problems, such as cancer, thyroid disease, liver damage, immune system disorders, reproductive issues, and developmental defects. According to a study by the Agency for Toxic Substances and Disease Registry (ATSDR), firefighters who used AFFF had higher levels of PFAS in their blood than the general population. Moreover, some communities near military bases or airports where AFFF was used have reported higher rates of cancer and other illnesses among their residents.

Who Is Suing Whom Over AFFF?

The manufacturers of firefighting foam, such as 3M, DuPont, Tyco, Chemguard, and others, are the main targets of the AFFF mass tort lawsuits. These companies are accused of knowing or should have known about the dangers of PFAS in their products, but failing to warn the users or the public about them. They are also accused of concealing or misrepresenting scientific evidence about the health risks of PFAS and continuing to market and sell their products despite knowing their harmful effects.

The plaintiffs in the AFFF mass tort lawsuits include firefighters who used firefighting foam in their work or training; military personnel who were exposed to firefighting foam on bases or during operations; and residents who lived near sites where firefighting foam was used or stored and whose water sources were contaminated by PFAS. These plaintiffs seek compensation for their medical expenses, lost income, pain and suffering, emotional distress, punitive damages, and more.

The AFFF mass tort lawsuits are not class action lawsuits, which means that each plaintiff has their own case and can seek their own compensation based on their specific injuries and damages. However, these cases are consolidated in a multidistrict litigation (MDL), which is a procedure that allows similar lawsuits to be transferred to one federal court for pretrial proceedings. The MDL for the AFFF mass tort lawsuits is located in the District of South Carolina under Judge Richard M. Gergel.

What Is the Status of the AFFF Mass Tort Lawsuits?

The AFFF mass tort lawsuits are still ongoing and have not reached a settlement or a verdict yet. According to a report by Law360, there are more than 5,000 cases pending in the MDL as of August 2023. The first bellwether trial in the MDL is scheduled to begin in September 2023. A bellwether trial is a representative case that is selected to test the strength of the claims and the defenses and to provide guidance for future settlements or verdicts.

The plaintiffs in the AFFF mass tort lawsuits face several challenges in proving their cases. For example, they need to establish a causal link between their exposure to firefighting foam and their illnesses; they need to overcome the statute of limitations defense raised by some defendants; they need to deal with complex scientific and technical issues; and they need to overcome the potential immunity claims by some defendants who argue that they were following government specifications or contracts when producing firefighting foam.

However, the plaintiffs also have some advantages in pursuing their claims. For example, they can rely on internal documents from some defendants that show their awareness of the risks of PFAS; they can use expert witnesses who can testify about the health effects of PFAS; they can point out the regulatory actions taken by the Environmental Protection Agency (EPA) and other agencies to address PFAS contamination; and they can benefit from the coordination and cooperation among the plaintiffs’ lawyers in the MDL.

How Can You Join the AFFF Mass Tort Lawsuits?

If you or a loved one have been diagnosed with cancer or another illness after being exposed to firefighting foam or PFAS-contaminated water, you may be eligible to join the AFFF mass tort lawsuits and pursue justice and compensation from the liable manufacturers. However, you need to act fast because there are statutes of limitations that limit the time you have to file a claim.

To join the AFFF mass tort lawsuits, you need to work with an experienced personal injury lawyer who can help you gather evidence of your exposure and injury; file your lawsuit in the appropriate court; negotiate with the defendants or their insurance companies; and represent you in court if necessary. A personal injury lawyer can also advise you on your legal rights and options; protect you from any attempts to undermine your claim; and fight for your best interests throughout the legal process.

If you are looking for a qualified personal injury lawyer who can handle your AFFF mass tort lawsuit case with skill and compassion, look no further than our team at Mass Tort Intake Center. We have extensive experience in handling mass tort cases involving defective products, environmental contamination, and personal injury. We have the resources, the knowledge, and the dedication to help you achieve a favorable outcome for your AFFF mass tort lawsuit claim.

Contact us today to schedule a free consultation with one of our AFFF mass tort lawsuit attorneys. We will review your case, answer your questions, and explain how we can help you. There is no obligation and no fee unless we win your case. Don’t wait any longer. Fill out the form to get your free claim review now.