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Firefighting Foam Lawsuit

Firefighting Foam Lawsuit

Firefighting foam manufacturers are currently in the legal spotlight due to the products’ dangerous chemical properties. Cancer lawsuits related to firefighting foam have accused major manufacturers of hiding information about these products’ dangers for decades to boost their profits.

AFFF (aqueous film-forming foam), or firefighting foam, has been linked to increased cancer risk among people who used or were exposed to the product. Exposure can occur by ingesting water contaminated with chemicals from the foam or through direct contact with the foam at work. Firefighting foams are sold and made by some of the world’s largest chemical manufacturers, including Chemours, Chemguard, 3M, Dupont, and many others.

People exposed to the harmful chemicals found in firefighting foam can hold the negligent manufacturers accountable for their injuries. AFFF has mainly affected people who unknowingly drank contaminated water and firefighters who were in direct contact with the foam. 

If you have been exposed to firefighting foam chemicals and were diagnosed with cancer, The Guardian Legal Network can connect you with an experienced firefighting foam lawyer.

What is Aqueous Film-Forming Foam?

For decades, it was normal for military base firefighters and airport firefighters to use chemical-based foams to put out dangerous fires. This foam is called aqueous film-forming foam, or AFFF for short. It cuts off the oxygen the fire needs to burn. The two primary chemicals that are in the foam are still used in some areas. These chemicals are perfluoroalkyl and polyfluoroalkyl (PFAS).

According to the American Cancer Society, the U.S. Environmental Protection Agency, and the CDC, PFAS may be linked to cancer. For this reason, the chemicals in the PFAS group have been classified as “emerging contaminants,” meaning they could be hazardous to a person’s health if they are exposed to them long-term.

While the military still uses PFAS at all of its bases, most fire departments in the United States have stopped using it entirely. However, there is a negative effect on people who have never used the substance, including the general public. Local groundwater has been shown to contain the dangerous substance, which eventually enters the water supplies people drink.

3M is one of the companies responsible for producing these dangerous cancer-causing substances. It has not been determined how long these hazardous chemicals will remain in our environment, causing irreparable harm to the human population. However, it is certain that many more people will likely develop cancer in the future as long as these substances continue to be used.

Cancer Risks Associated with Firefighting Foam

Despite AFFF being an effective agent for containing fires, numerous illnesses such as severe and often deadly cancers were linked to regular exposure to the substance. These dangerous chemicals have been exposed to firefighters and other at-risk individuals through skin absorption, inhalation, or, in some cases, ingested through contaminated water sources.

Carcinogens, by definition, are substances that can cause carcinogenesis, the development of cancer. These substances can accomplish this by interfering with the cell’s metabolic processes or damaging a cell’s material.

PFOS and PFOA are currently linked to a significantly high cancer risk if exposed to these chemicals long-term. Research has also shown that the PFAS chemicals in firefighting foam exhibit similar carcinogens and qualities that can affect cell communication, cause cell proliferation, induce inflammation, affect cell DNA, and weaken a person’s immune system. Animals that were exposed to PFAS in lab studies developed cancer as well.

The following cancers are associated with PFAS:

  • Kidney cancer
  • Testicular cancer
  • Thyroid cancer
  • Thyroid disease
  • Liver cancer
  • Ulcerative colitis

PFAS is highly durable. The chemicals do not break down over time and can even remain in a person’s body for many years.

Who is at Risk of Firefighting Foam Cancer

This cancer-causing foam can harm anyone who performs military firefighting responsibilities as a regular part of their duties. The foam has been used in the military since the late 1960s. Airport firefighters have been using the foam through 2018. They are at an increased risk of developing cancer, along with anyone else who may have been inadvertently exposed to it.

Specific places may have been highly exposed to the PFAS. Some of these facilities and locations include:

  • Airport crash sites
  • Bulk fuel storage farms, terminals, and oil refineries
  • Chemical plants
  • Firefighter training areas
  • Military airport hangars
  • Storage and processing facilities containing flammable liquids

Eligibility for Firefighting Foam Lawsuits

Plaintiffs must meet the following criteria to file a firefighting foam lawsuit:

  • PFAS Exposure: Potential plaintiffs must be able to prove that they were exposed to or used firefighting foam regularly for a prolonged period. If you were in contact with AFFF as part of your job regularly (e.g., factory worker, airport maintenance, or firefighter), you are eligible to file a case.
  • Cancer: To have a valid claim, being exposed to PFAS firefighting foam is not enough. You must also be able to prove that you were diagnosed with kidney cancer, chronic kidney disease, acute kidney failure, pancreatic cancer, testicular cancer, prostate cancer, leukemia, lymphoma, bladder cancer, or infertility after you were exposed to the foam for a prolonged period.

State Lawsuits Against Firefighting Foam Manufacturers

Several states are currently in the process of filing cases against Dupont, 3M, and other major chemical companies due to the negligent production and sale of AFFF that contaminated their water supplies. The attorney general of Michigan has filed lawsuits claiming PFAS chemicals contaminated the state’s water sources. Michigan is seeking compensation for damages that were caused by PFAS contamination to its water sources. The lawsuit alleges that 3M and Dupont were aware of the negative consequences their foam potentially caused, not only to their consumers but to entire communities whose water supplies became contaminated.

Regardless of this knowledge, companies prioritized profits over consumer safety and went to great lengths to keep the information concealed, in addition to withholding knowledge that AFFF was harmful to anyone who was exposed to it. Michigan is not the only state filing lawsuits. In response to the contamination of water supplies due to the PFAS chemicals in AFFF, New York’s attorney general and 22 other state attorneys general have also taken legal action.

AFFF Case Updates

  • 2019 – The Judicial Panel on Multidistrict Litigation determined that all AFFF cases be consolidated into MDL 2873. Around 500 pending cases were compromised by this multidistrict litigation regarding illnesses, cancers, or injuries caused by PFAS, PFOA, AFFF, or firefighting foam.
  • February 2020 – A PFAS class action lawsuit was filed against the firefighting foam manufacturers by The National Rural Water Association. It accuses them of polluting groundwater with carcinogens. In addition to other allegations, the class action lawsuit claims that manufacturers such as 3M failed to test these “forever” chemicals that have been linked to cancer.
  • May 2020 – Another class action lawsuit was filed in the U.S. District Court of New York’s Eastern District by Charles O’Keefe, Tommy McGarry, and Thomas J. Gentile. The case represented firefighters who alleged that they were unknowingly exposed to the toxic chemicals present in the AFFF used to fight fires. The lawsuit called for distributors and manufacturers to cover their medical monitoring expenses.
  • January 2021 – Residents in Peshtigo, Wisconsin, reached a $17.6 million settlement with three companies, including Tyco Fire Products, over extensive PFAS contamination from the use of AFFF in the cities of Marinette and Peshtigo.
  • February 2023 – The EU considers a proposal to ban PFAS, threatening to become the most extensive chemical industry regulation. If the ban is enforced, companies will be given between 18 months and 12 years to introduce PFAS alternatives.
  • March 2023 – The EPA proses a drinking water standard for PFAS chemicals, the first of its kind on a national level. This standard would require public water systems to actively monitor PFAS chemicals and take action to reduce them.
  • June 2023 – Three companies facing thousands of lawsuits agree to settle PFAS claims for $1.19 billion. The agreement was reached among Chemours Co., DuPont de Nemours, and Corteva Inc. despite all three continuing to deny allegations from the plaintiffs.
  • June 2023 – 3M Co. agrees to pay at least $10 billion to US cities to resolve water contamination claims from forever chemicals. This comes after increasing legal scrutiny against PAFAS and their proposed deadline of December 2025 to stop PFAS production.

Find a Firefighter Foam Lawyer Today

You may be eligible to file an AFFF lawsuit against the manufacturers that made the firefighting foam if you or someone you love were exposed to AFFF and were diagnosed with cancer. You could receive financial compensation for your illness or any other injuries you may have sustained.

Contact The Guardian Legal Network to find a knowledgeable product liability attorney. Your firefighting foam lawyer will work with you every step of the way to ensure that you receive the compensation you rightfully deserve.

References

Please seek the advice of a medical professional before making health care decisions. The content provided on this site, such as documents, text, graphics, images, videos, or other materials, are for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on this site.

 
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