Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals that manufacturers have used since the 1940s. Recent research has found that prolonged and excessive exposure to PFAS chemicals causes them to build up in the environment and in the human body. Over time, these chemicals can interfere with the body’s natural workings and lead to serious illness, including several kinds of cancer.
Individuals suffering from these ailments due to PFAS exposure may have grounds to pursue compensation from companies that made and used PFAS chemicals. A PFAS lawsuit lawyer can help you if you qualify.
What Do I Have to Prove to File a PFAS Lawsuit?
Filing a PFAS contamination lawsuit for damages involves proving the injured party drank water contaminated with PFAS for at least six months after January 1, 1990, and showing that they were diagnosed with kidney cancer, liver cancer, testicular cancer, or ulcerative colitis after January 1, 2000.
Proving Exposure to PFAS-Contaminated Water Supplies
As individuals become more aware of the risks and long-term effects of PFAS, lawsuits against chemical companies are increasingly common.
Several major PFAS contamination cases settled in 2023. More than $11 billion was granted in settlement agreements with major chemical companies 3M, Chemours, DuPont de Nemours, and Corteva. Cases regarding cleanup and personal injury are still ongoing, and we expect to see more litigation.
Sources of contamination listed in these lawsuits include:
- Firefighting foams
- Chemical dumping
- Insufficient waste storage and disposal
- Inadequate wastewater treatment
- Inclusion in personal care products
- Incorporation into food packaging
To be part of the current PFAS contamination litigation, you must first prove you were exposed to drinking water contaminated with PFAS for at least six months after January 1, 1990. You may prove this by showing you lived or worked in the contamination zone during that time. For example, a rental agreement, mortgage, employment agreement, pay stubs, or tax return could help you establish exposure.
You can determine whether you lived in an affected area by checking the maps offered by the Agency of Toxic Substances and Disease Registry (ATSDR) and PFAS-REACH.
Health Risks Associated with PFAS Exposure
Prolonged exposure to a concentrated source of PFAS can result in severe health issues. Scientific research is ongoing, but according to the Environmental Protection Agency, peer-reviewed studies indicate that the following health issues can arise following PFAS exposure:
- Increased risk of kidney, testicular, liver, and prostate cancer
- Reduced immune function
- Hormone disruption
- Higher risk of obesity and high cholesterol
- Developmental delays in children
- Reproductive issues, including reduced fertility
Since there are more than 12,000 PFAS chemicals and exposure can occur on many levels, the effects of PFAS contamination can vary widely.
At this time, individuals diagnosed with kidney, testicular, or liver cancer or ulcerative colitis after January 1, 2000 who also had a minimum of six months of exposure to contaminated drinking water after January 1, 1990 can pursue compensation for their losses.
Losses Caused by PFAS-Related Health Effects
People who suffered serious illness due to PFAS exposure have a legal right to seek financial compensation. Ongoing litigation focuses on specific cancers and ulcerative colitis. These conditions can lead to serious health complications and even death.
If you suffered from kidney, liver, or testicular cancer or ulcerative colitis and you meet the exposure and diagnosis criteria, you could join an ongoing multi-district litigation or file a personal injury lawsuit to recover damages, including:
Medical Expenses
Cancer and ulcerative colitis often require extensive diagnostic procedures and treatment, including surgery, chemotherapy, and radiation therapy. Even when treatment is successful, patients may experience long-term issues that require medication, medical devices, and rehabilitative treatment.
A PFAS lawsuit aims to recover all current and future medical expenses associated with illness due to PFAS exposure. The goal is to ensure you receive the medical care you need to return to your previous state of health.
Lost Current and Future Income
Serious illnesses like cancer and ulcerative colitis can keep you from working and engaging in normal daily activities. Reduced income and increased medical expenses can snowball and cause significant financial distress.
When you file a PFAS contamination lawsuit, you can claim lost wages, salary, bonuses, and other income as part of your claim. If your PFAS-related illness prevents you from returning to work, you can also include your lost future income.
Pain and Suffering
Serious illness caused by PFAS exposure is often physically painful, and treatments can be equally debilitating. You can seek compensation for the physical, mental, and emotional distress you experience due to PFAS exposure.
When determining these non-economic losses, your attorney will consider the ways your illness affected your happiness and quality of life. Even if these losses are difficult to quantify, you deserve to be compensated.
Punitive Damages
Punitive damages typically arise when the at-fault party engages in particularly egregious negligence. Compensation for medical bills, income loss, and pain and suffering seek to recover your actual losses. Punitive damages aim to punish the responsible party and discourage them from repeating their harmful behaviors.
While punitive damages are not common, the extent and severity of the injuries caused by PFAS contamination may warrant them. During the trial, the judge and jury will determine whether punitive damages are appropriate.
Choosing a PFAS Contamination Attorney for Your Case
PFAS contamination lawsuits are considered mass tort cases, which means that multiple people are suing the same companies for injuries related to the same harmful actions. Unlike class action lawsuits, mass tort cases review each individual’s claim on its own merits. This gives the plaintiff greater control over the settlement process and often results in higher settlements and payouts.
Since PFAS exposure lawsuits are often complicated, you benefit from working with a mass torts lawyer familiar with PFAS claims. The Guardian Legal Network provides resources to victims of negligent PFAS manufacturers. Our network of highly qualified legal professionals can help you navigate the claims process and sue for the compensation you deserve. Contact us today to find the right attorney for your PFAS contamination case: (844) 207-0415.