If you believe you drank contaminated water and suffered a devastating illness because of it, you likely have questions. We have answers. Here are some common PFAS water contamination lawsuit FAQs.
What Are PFAS?
Per- and polyfluoroalkyl substances (PFAS) are a category of synthetic chemicals used in a variety of consumer products and industrial operations. More than 12,000 different chemicals are categorized as PFAS.
They have been used widely since the 1940s, but recent research indicates that PFAS chemicals don’t break down, which allows them to build to unhealthy levels in humans exposed to high concentrations. This is why they are also commonly known as “forever chemicals.”
How Do PFAS Contaminate Water?
Water contamination is a primary source of PFAS exposure. PFAS from waste facilities, fire extinguishing foam, manufacturing and chemical production, and biosolids such as fertilizer spread on farm fields can contaminate drinking water, groundwater, and soil.
Insufficient containment and filtration have allowed these PFAS applied at the surface to run off into the soil and seep into groundwater. As a result, both private and public wells near PFAS sources have been contaminated. In areas near high-risk contamination sites, people have suffered from severe medical consequences after ingesting high concentrations of PFAS chemicals over long periods of time.
What Areas Have Water Contaminated With PFAS?
According to studies conducted by the Centers for Disease Control and Prevention (CDC), most people in the United States have some level of PFAS exposure. Dangerous exposure typically occurs in areas of concentrated exposure. According to a tap water survey by the U.S. Geological Survey (USGS), known high-exposure areas include:
- Urban locations
- Areas near PFAS sources, like landfills, airports, and chemical plants
- The Eastern Seaboard
- Central/Southern California
- The Great Lakes Region
- The Great Plains
States with high PFAS risk areas include Michigan, Massachusetts, Pennsylvania, New York, Wisconsin, Minnesota, South Carolina, Colorado, Illinois, Kansas, and Florida.
USA Today reports that Suffolk County, New York, Fresno, California, and Robeson County, North Carolina, are tied for the “highest number of unique PFAS contaminants” found above Environmental Protection Agency (EPA) limits.
What Are the Health Risks of PFAS?
According to the EPA, peer-reviewed studies on PFAS have found evidence for the following health risks following high-concentration PFAS exposure:
- Kidney cancer
- Liver cancer
- Testicular cancer
- Ulcerative colitis
- Reproductive issues
- Child development delays
- Hormonal issues
- Immune deficiency
- High cholesterol
Individuals coping with liver, testicular, or kidney cancer or ulcerative colitis may face significant long-term health challenges. In some cases, these conditions can be permanently debilitating or fatal.
Do PFAS Cause Cancer?
Studies indicate that prolonged exposure to high levels of PFAS can lead to several different types of cancer. However, the exact mechanisms that lead to cancer are still unclear. The EPA is currently working on toxicology reports for individual PFAS chemicals to help scientists and medical professionals better understand how and why PFAS affect human health.
People who suffer from certain cancers as a result of PFAS exposure in drinking water could have grounds to file or join a PFAS contamination lawsuit.
Who Can File a PFAS Lawsuit?
To qualify for a PFAS lawsuit, you must have:
- Consumed contaminated water for no fewer than six months after January 1, 1990 AND
- Been diagnosed with kidney cancer, liver cancer, testicular cancer, or ulcerative colitis after January 1, 2000.
How Do PFAS Lawsuits Work?
When you file a PFAS contamination lawsuit, you may join other injury victims in a claim against the responsible parties. These may include chemical manufacturers, product manufacturers, distributors, and more. These mass tort claims, also called multidistrict litigation (MDL), consolidate multiple similar cases into one case to streamline the legal process. However, each case’s outcome, settlement, or payout is determined based on its merits.
Current and recent mass torts PFAS lawsuits aim to secure compensation from the following defendants:
- 3M
- DuPont de Nemours
- Chemours
- Corteva
MDL 2873 is a major ongoing mass tort claim involving firefighting foam from airports and firehouses contaminating groundwater. The cases have been consolidated in the United States District Court in South Carolina. Most PFAS cases aim to recover cleanup costs for contamination sites and personal injury damages.
In 2023, Chemours, DuPont, Corteva, and 3M settled PFAS drinking water contamination cases with billions of dollars for water utilities. Cases are still ongoing, and more are expected in the coming years.
To join the suit, your attorney will file a complaint with the appropriate court and submit evidence. The judge or jury for the case will review the evidence and determine whether you should receive damages and how much you can recover.
What Damages Are Recoverable in a PFAS Lawsuit?
Damages you can recover in a PFAS lawsuit include:
- Medical expenses
- Lost current income
- Reduced potential income
- Pain and suffering
- Loss of consortium
- Emotional anguish
The court may also award punitive damages to discourage the responsible companies from engaging in similar activities in the future.
Every case is different, as there are more than 12,000 different PFAS, and each person can suffer different effects from exposure. A mass torts attorney familiar with PFAS lawsuits can help you understand your legal rights and options. If you qualify, they can help you seek maximum compensation for your PFAS-related injuries.
What is the Statute of Limitations to File a PFAS Lawsuit?
The statute of limitations to file a PFAS lawsuit depends on the state where you are filing. Typically, the countdown for the statute of limitations begins as soon as you receive a diagnosis for PFAS-related illness. You must file your PFAS lawsuit before the statute of limitations runs out, or you could lose your chance to recover damages.
A PFAS attorney can help you understand your legal rights and ensure your case is filed with the appropriate court within the statute of limitations.
How Much Does it Cost to Hire a PFAS Lawyer?
PFAS lawyers cost nothing upfront. Typically, they handle personal injury and mass tort claims on a contingency fee basis. Under a contingency fee, the attorney is not paid a retainer or hourly fee. Instead, they keep a portion of the final settlement or verdict. This means that if they lose, they do not get paid for their legal services.
Get Connected With a PFAS Lawsuit Lawyer
The Guardian Legal Network is ready to help you connect with a PFAS lawsuit attorney. Call today to get started: (844) 207-0415.