Aqueous Film Forming Foam (AFFF) appears harmless but has faced growing scrutiny recently. Because of its ability to effectively put out fires, such foam is frequently used in firefighting. However, it contains per- and poly-fluoroalkyl substances (PFAS), also referred to as “forever chemicals”. These have been connected to several health issues. Exposure to this toxic firefighting foam has led to a rise in AFFF lawsuits nationwide, affecting people and communities.
As of May 1, 2024, 323 new cases were added to the AFFF MDL. This brings the total number of pending AFFF lawsuits to over 8,000. Let us examine the next steps in the AFFF lawsuit and the extent of the settlement.
Scope Of Personal Injury Settlements In The AFFF Lawsuit Landscape
The AFFF lawsuit is complex, consisting of class action lawsuits as well as individual personal injury claims. The lawsuit focuses on claims that AFFF exposure causes cancer in multiple organ systems. These include the kidney, testicles, thyroid, liver, prostate, and bladder.
Plaintiffs have also linked their exposure to firefighter foam to instances of thyroid disease, ulcerative colitis, and other health problems. Hence, personal injury settlements in AFFF litigation will cover a broad spectrum of claims. These reflect the various health effects linked to exposure to this hazardous material.
All firefighting foam cases involving municipal and local water authorities have already been settled, and DuPont has agreed to pay $1.18 billion to address concerns about PFAS. Judge Gregel’s decision from February 13, 2024, has opened the door for personal injury claims to move forward. This further provides monetary compensation for suffering, lost wages, and medical costs.
The Current State Of The AFFF Litigation
Current AFFF litigation developments shed light on the case’s history and the difficulties that plaintiffs and defendants have encountered. The AFFF lawsuit, which focuses on personal injury water contamination, has reached about 7,000 cases as of January 26, 2024. To concentrate on settlement talks, the plaintiffs and defendant BASF (Badische Anilin und Soda Fabrik) have decided to extend the filing deadlines. This indicates that the statutes of limitations have been agreed upon to be suspended and/or extended.
Settlement negotiations and mediation indicate a willingness to explore alternatives to drawn-out litigation. Eventually, this can hasten financial compensation for affected parties. However, issues remain, as settling individual cases can take a long time. This delay can lead to catastrophic outcomes, including the deaths of three plaintiffs while their cases were pending.
Meanwhile, a state-certified firefighter in Nevada filed a new AFFF lawsuit recently with the Multidistrict Litigation (MDL). The firefighter was exposed to firefighter foam for five years, and he developed bladder cancer.
In related litigation, industry pollutants and environmental damage cases are increasing. On January 8, 2024, five corporations reached a settlement with the U.S. Department of Justice. They agreed to pay over $7.2 million to resolve claims related to toxic industrial pollutants in Toledo, Ohio. The complaint accused these companies of releasing hazardous substances, including PAHs, metals, and PCBs, harming local wildlife and ecosystems.
In January 2024, Connecticut filed two lawsuits against several chemical manufacturers. The lawsuits allege they knowingly polluted state waters and natural resources with PFAS, including firefighting foam. The state claims these manufacturers concealed information about PFAS dangers from regulators and the public. They aimed to safeguard their product lines by pursuing monetary, injunctive, and other forms of equitable relief.
Additionally, on March 29, 2024, the U.S. District Court in South Carolina approved a settlement by an AFFF developer. This settlement resolves PFAS contamination claims affecting over 12,000 public water systems nationwide. This settlement, amounting to approx $12.5 billion, will fund the testing, detection, and treatment of PFAS in drinking water.
What Is Coming Up In The Firefighting Foam Lawsuit?
Bellwether cases are chosen to guide future litigation by examining key factual and legal issues related to AFFF injuries. Furthermore, grouping cases into multidistrict litigation (MDL) simplifies procedures and expedites the resolution of common issues for plaintiffs. However, in May 2024 alone, over 300 new lawsuits about AFFF firefighting foam were added to the class action MDL. This merely indicates that more cases are anticipated, which will put appropriate pressure on settlements.
A mediator has been assigned to facilitate a series of settlement discussions among the parties. Delays in resolving personal injury claims can lead to additional fatalities. According to TorHoerman Law, settlement negotiations will take place before the first bellwether test trial scheduled for the upcoming year.
Frequently Asked Questions
Is an AFFF settlement scheduled for 2024?
As of now, no firefighting foam settlement has been officially scheduled for 2024. However, significant progress is being made in the litigation process that might lead to settlements later this year. Currently, there are over 7,700 personal injury lawsuits pending in the AFFF Multidistrict Litigation (MDL). The court is working on procedures to select bellwether trials meant to guide the outcome of similar lawsuits.
Is it possible to file a lawsuit concerning firefighting foam at this time?
Yes, you are currently able to file a lawsuit concerning firefighting foam. The lawsuits related to AFFF, which contain harmful per- and polyfluoroalkyl substances (PFAS), are actively being pursued. These cases are consolidated in the AFFF Multidistrict Litigation (MDL) in the District of South Carolina under Judge Richard Gergel.
What is the possible settlement amount in lawsuits involving AFFF?
The settlement is expected to be structured in tiers, with the highest compensation for severe cancers. Plaintiffs with long-term AFFF exposure will also receive higher compensation. This is potentially between $200,000 and $500,000.
How Is The AFFF Litigation Going Right Now?
Significant progress has been made in the AFFF litigation. This includes the $10.3 billion settlement reached by 3M and DuPont to resolve PFAS claims. Ongoing settlement negotiations continue for personal injury claims related to AFFF exposure.
Hence, recognizing the human cost of toxic exposure and working toward practical solutions is crucial. This approach prioritizes public health, environmental protection, and accountability in AFFF litigation. Stakeholders pursue justice and redress for firefighter foam exposure victims through prudent legal actions, advocacy, and education.
