PFAS Contamination Lawsuit

There are a range of PFAS contamination cases across the nation, including:

1. Multidistrict Litigation in North Carolina: Over 100,000 PFAS lawsuits against E.I. du Pont de Nemours and Co and The Chemours Co have been consolidated in the United States District Court for the Eastern District of North Carolina.
2. Multidistrict Litigation in South Carolina: A significant number of PFAS lawsuits, including claims by water utilities seeking cleanup costs and personal injury claims, have been consolidated in a multidistrict litigation (MDL) in South Carolina federal court. Companies like 3M, Chemours, Corteva, and DuPont de Nemours face thousands of lawsuits over alleged PFAS contamination, particularly from firefighting foams used at airports and firehouses.
3. Class Action Settlements: In June 2023, 3M and water utilities announced a $10.3 billion settlement, which would help pay for the cleanup of drinking water. A similar settlement involving DuPont, Chemours, and Corteva for $1.18 billion was also reached. These settlements primarily address claims from over 440 public water supplier plaintiffs. Both settlements were finalized by the judge presiding over the MDL in early 2024.
4. State-Level Actions and Settlements: States like Michigan and Ohio have taken significant steps to address PFAS pollution and reached substantial settlements. Michigan took action against Wolverine Worldwide, Inc., and obtained a settlement of $69.5 million. Ohio has reached a proposed settlement of $110 million with DuPont de Nemours Inc., The Chemours Co., and Corteva Inc. for environmental damage caused by PFAS discharge. Other states have followed suit, filing lawsuits to hold manufacturers accountable.

Local Lawsuits: Cities and municipalities have filed their own lawsuits. For instance, the city of Wausau filed a lawsuit against 15 manufacturers and 61 insurance companies over PFAS contamination. Eau Claire also filed its own lawsuit against PFAS manufacturers for water contamination. These cases often involve complex scientific and legal work and can lead to substantial settlements or verdicts.

PFAS contamination in the United States has a decades-long history, beginning with the use of these chemicals in the mid-20th century. PFAS, also known as forever chemicals, were initially valued for their resistance to heat, water, and oil and were widely used in industrial applications. They were also used in nonstick coatings for cookware, to make carpets stain-resistant, and firefighting foam (known as Aqueous Film Forming Foam or AFFF).

Over time, it became clear that PFAS were not only persistent in the environment (specifically soil and water) but also accumulated in human bodies, leading to potential health risks.

The realization of widespread PFAS contamination came to the forefront in the early 2000s when studies revealed that these chemicals had contaminated water supplies in various regions across the country. A recent report from Environment America, the U.S. Public Interest Research Group (PIRG), and the Frontier Group states that it is likely that all major drinking water sources in the United States are contaminated with PFAS.

This contamination was often linked to industrial sites, military bases, airports, and other areas where forever chemicals were used or disposed of. As more information about the dangers of PFAS emerged, public concern grew, leading to increased scrutiny and regulatory action. However, the lasting impact of decades of PFAS use continues to be a significant environmental and health concern.

If you are suffering from an illness that could be related to exposure to forever chemicals, you likely have countless questions about PFAS lawsuits. We have answers.

Do I Qualify to File a PFAS Lawsuit?

You qualify to file a PFAS lawsuit if you meet these criteria:

• You drank PFAS-contaminated water for at least six consecutive months after January 1, 1990, AND
• You received a diagnosis of ulcerative colitis, kidney cancer, liver cancer, and testicular cancer after January 1, 2000.

How Do I Establish That I Consumed Contaminated Water?

Several organizations have created interactive maps that allow you to determine whether you were exposed to water contaminated with PFAS. Maps are available via the Agency of Toxic Substances and Disease Registry (ATSDR) and PFAS-REACH.

Once you have determined that you consumed contaminated water, you can ask your doctor to test for PFAS levels in your blood. While this won’t tell you whether your levels are safe or unsafe, you can use this to substantiate your case.

How Do I Establish My Diagnosis?

This is typically much more straightforward than establishing your exposure. You can use your medical records or testimony from your doctor to do so.

Are There Specific Regions With Elevated Levels of Forever Chemicals?

Yes. The United States Geological Survey (USGS) found most exposures occurred near urban areas and sources of PFAS. Sources include:

• Airports
• Fire training locations
• Military bases
• Production plants, like paper mills
• Water treatment sites
• Landfills

Areas where most of the exposure was found include:

• Southern and Central California
• The Eastern Seaboard
• The Great Plains
• The Great Lakes

That same study found that at least 45% of tap water contained PFAS.

How Do PFAS Cause Cancer?

There is not a lot of information available on how exactly PFAS cause cancer. This could be due to the fact that there are approximately 12,000 different types of forever chemicals. However, research has shown a link between forever chemicals and several types of cancer.

In 2023, the International Agency for Research on Cancer (IARC) Working Group upgraded perfluorooctanoic acid (PFOA) from a possible human carcinogen to a human carcinogen. It also classified perfluorooctanesulfonic acid (PFOS) as a possible human carcinogen in the same year.

Several Studies Link PFAS to Cancer Diagnoses

Researchers from the University of Michigan, UC San Francisco, and the University of South California, who published a study in the Journal of Exposure Science & Environmental Epidemiology, found a “clear association” between PFAS exposure and a previous cancer diagnosis in women.

The Occupational and Environmental Epidemiology Branch of the National Cancer Institute’s Division of Cancer Epidemiology & Genetics has been studying forever chemicals and the cancer types associated with exposure to them. It found that higher rates of kidney cancer and mortality have been found among people employed at PFAS-producing plants as well as those who live in surrounding areas that have contaminated drinking water.

Researchers also found that people who lived on a base with a contaminated water supply had higher levels of certain types of PFAS in their blood. The Working Group found that elevated PFOS levels in the blood were linked to a higher testicular cancer risk.

What PFAS Have Been Linked to Adverse Health Conditions?

There are approximately 12,000 different types of forever chemicals. The effects of many of these chemicals are unknown. While research is ongoing, the ATSDR details the following types of PFAS and their potential health effects:

• PFOA (perfluorooctanoic acid) is used in nonstick coatings, protective coatings for carpets and upholstery, and more. It was also found in AFFF (firefighting foam) until 2001. PFOA has been associated with kidney cancer, testicular cancer, cholesterol increases, lower antibody response to certain vaccines, liver enzyme changes, preeclampsia, pregnancy-induced hypertension, and decreases in birth weight.
• PFOS (perfluorooctane sulfonic acid) is also used in nonstick coatings, protective coatings for carpets and upholstery, and more. Until 2001, it was found in AFFF. PFOS has been associated with cholesterol increases, lower antibody response to certain vaccines, liver enzyme changes, preeclampsia, pregnancy-induced hypertension, and decreases in birth weight.
• PFNA (perfluorononanoic acid) is used as a polishing and fire extinguisher surfactant, a lubricating oil, a cleaning agent, and to manufacture fluoropolymers. PFNA has been associated with increased cholesterol levels.
• PFDA (perfluorodecanoic acid) is used in firefighting foam, apparel, food packaging, cosmetics, and more. It has been associated with increased cholesterol levels and lower antibody response to certain vaccines.
• PFHxS (perfluorohexane sulfonic acid) is mainly used to produce PFAS. It has been associated with a lower antibody response to certain vaccines and changes in liver enzymes.

Regardless of the type of PFAS you were exposed to, if you developed a serious condition, you may qualify for compensation. Our team wants to help you get it.

What Is the Average Settlement for a PFAS Case?

There is no average settlement for a PFAS case, as each person’s illness and losses are different. However, you might be able to recover the following damages:

• Current and future medical expenses
• Lost wages for any time you were unable to work due to your illness, treatment, and recovery
• Lost earning capacity if your illness required you to work fewer hours, take a lower-paying job, or retire from the workforce
• Any illness-related expenses
• Pain and suffering
• Mental anguish
• Lost quality of life
• Loss of consortium
• Impairment

A lawyer can help you determine what you might be able to recover. Once they have investigated your case, they can give you a better estimate of what your case could be worth.

Are PFAS Cases a Class Action?

No. The PFAS lawsuits are mass tort cases. Mass torts and class actions are similar in that they consolidate hundreds or thousands of lawsuits; however, they have several distinct differences.

Class actions consolidate many lawsuits into one single lawsuit, and the plaintiffs are treated as such. The award or settlement is divided evenly among the plaintiffs, regardless of whether one plaintiff’s injuries are worse than another.

Mass tort cases (called multidistrict litigation or MDLs) consolidate many lawsuits but treat them as individual cases. One plaintiff won’t receive the same settlement as another because their injuries and losses are unique.

Mass tort cases also often have higher payouts than class actions.

Can I Afford a PFAS Lawsuit Lawyer?

Yes. Most PFAS lawsuit attorneys handle cases on a contingency-fee basis. There is no upfront cost to hire a PFAS lawyer. There are no retainers or hourly fees. You only pay attorney fees if the attorney wins your case.

An attorney will only take payment if and when you recover compensation. Even then, they only take a percentage of your settlement. This means you don’t pay out-of-pocket. You will know what this percentage is before you get started. This percentage could change while you work with your attorney, but they will keep you updated on any changes you could expect.

How Long Do I Have to File a PFAS Lawsuit?

How long you have to file a PFAS lawsuit depends on where you live. Each state has its own statute of limitations, which limits how long injured parties have to sue those responsible for their PFAS contamination, their illness, and their losses.

A lawyer can explain how long you have to take action. We recommend that you act quickly, as some statutes of limitations are as short as one year. Other deadlines may apply, depending on your situation.