The chemicals meant to save lives may now be endangering everyone. Firefighters have long used aqueous film-forming foam (AFFF) to douse dangerous blazes. However, many are now finding out the hard way that the “firefighting foam” they trusted could be taking a deadly toll on their health.
As cancer diagnoses multiply among those with AFFF exposure, settlement talks are intensifying to deliver overdue aid and answers to those affected. But will 2024 be the year a deal is done? Let us find out.
All About AFFF
Firefighting foams are categorized into two primary groups: Class A and Class B.
Class A foams are designed without the intentional addition of per- and polyfluoroalkyl substances (PFAS). These foams are specifically formulated for combating fires involving Class A fuels, such as wood or ordinary combustible materials. When used as intended, Class A foams are suitable for their intended applications in extinguishing Class A fuel fires.
Class B foams are designed for flammable liquid fires and traditionally contain PFAS as the active ingredient. When PFAS-containing foams are combined with water and released, they form an aqueous layer that rapidly cuts off the oxygen supply. This effectively extinguishes the fire and prevents it from reigniting.
Class B foams are frequently used in a variety of facilities for vapor suppression, training, and fire suppression.
Based on their PFAS composition, Class B foams can be divided into two main categories: foams that include PFAS and fluorine-free foams (F3), which do not.
If uncontrolled emissions of any Class B foam happen close to surface water, groundwater, drinking water, or other natural waters, there could be environmental problems. These risks include acute aquatic toxicity, increased biological or chemical oxygen demand, and excess nutrients. Proper management aims to minimize the risks of AFFF use.
All You Need to Know About AFFF Lawsuit
The American military and local fire departments have been fighting fuel-based fires with AFFF for decades.
However, companies that manufactured and sold the firefighting foam, including 3M Company, Tyco Fire Products, and Chemguard, Inc., now face over 8,000 lawsuits. The suits allege the companies failed to disclose serious health risks from toxic chemicals in AFFF. They also failed to disclose the risk of widespread water contamination from using the foam during training and emergency response activities.
Plaintiffs claim exposure to AFFF has led to various forms of cancer, such as testicular cancer, kidney cancer, liver cancer, and thyroid cancer. They also cite other injuries. This is allegedly due to the toxic chemicals used in producing the firefighting foam.
Given common questions of law and fact in the claims, all AFFF lawsuits are now centralized before a U.S. District Judge in South Carolina. This is for coordinated discovery, pretrial proceedings, and an initial series of test cases.
The test cases aim to help parties estimate how juries may respond to certain shared evidence and testimony presented throughout the litigation.
Average Settlement for AFFF Lawsuit
According to TruLaw, settlement values in AFFF litigation can vary significantly based on individual circumstances like exposure level and health impacts. More minor exposure and health issues may result in relatively small settlements.
No settlements have been finalized yet in AFFF cases. However, attorneys estimate the firefighter foam cash settlements range could be $40,000 to $300,000 or higher, depending on case merits. Factors like cancer diagnosis or severity of illness could influence payouts towards the upper end of estimates.
It’s important to note these are just projections based on previous mass tort cases. Actual settlement values involve unique considerations for each claimant. Consultation with a knowledgeable attorney is advised to discuss the specifics of an individual situation. Settlement amounts are subject to change as more data emerges from litigation.
Update on Lawsuits Related to Firefighter Foam Containing PFAS
In January 2024, the first developments occurred as attorneys began collecting evidence and speaking with witnesses. They also started sharing information in preparation for upcoming trials related to the firefighter foam lawsuits.
In February 2024, a trial date of August 2024 was set for the initial 28 AFFF lawsuits. This would be the first claims brought by individual plaintiffs rather than municipalities. In March 2024, the U.S. Department of Defense sought to remove itself from certain suits, having been named in several lawsuits.
By April 2024, over 7,700 lawsuits were pending in the multi-district litigation, with more than 500 new plaintiffs joining in the past month alone. In May 2024, lawyers in the AFFF MDL requested extensions on the proposals for a case management order. They did this to establish guidelines and schedules for the ongoing consolidated litigation.
FAQs
1. What is the typical lifespan of Aqueous Film-Forming Foam (AFFF)?
AFFF foams are designed to have an extended shelf life when stored appropriately. Manufacturers typically recommend storing the concentrated AFFF solutions in their original, unopened containers within specified temperature ranges. Under proper storage conditions, AFFF concentrates can often maintain their effectiveness for 10 to 20 years.
2. What is the recent settlement involving 3M and PFAS?
In March 2023, a class-action settlement was approved by Judge Richard Gergel, requiring 3M to pay approximately $10.3 billion over a period of 13 years to more than 11,000 public water systems. 3M plans to issue the initial payments, totaling around $2.9 billion, in the third quarter of this year.
3. How can I join a lawsuit related to AFFF exposure?
To become part of an AFFF lawsuit, you’ll need to gather documentation linking your medical history and occupational exposure to the toxic chemicals found in AFFF foams. Once you have this evidence, you can file the necessary paperwork to join the lawsuit. Your legal representation will then negotiate with the AFFF manufacturer on your behalf, aiming for the maximum possible settlement. If a settlement cannot be reached, they will fight for you in court to secure a favorable verdict.
To conclude, 2024 is shaping up to be a pivotal year in the AFFF litigation, with key developments already underway early in the year. The first trials scheduled for August will provide an important test of the evidence and help gauge settlement values. With over 7,700 plaintiffs pursuing justice and compensation, pressure is intensifying on manufacturers to resolve these cases through negotiated agreements.
While a final deal remains uncertain, all signs point to settlement talks ramping up over the coming months as facts emerge from the initial bellwether trials. 2024 may indeed be remembered as the year this complex litigation began delivering long overdue relief for firefighters and communities impacted by AFFF exposure.
