Fire departments have been using AFFF, or Aqueous Film-Forming Foam, since the 1960s. Because of its unmatched extinguishing power, it has become an indispensable tool for saving lives by putting out high-intensity flammable fires.
However, in the past few decades, a considerable number of lawsuits have emerged against the key manufacturers involved in the production of firefighting foam.
Ironically, the life-saving tool has long-term impacts on the ecosystem and human health. In addition, an increased risk of kidney cancer and testicular cancer has been observed among firefighters, thus taking a toll on their physical and mental health.
This article aims to decode under what circumstances manufacturers are liable for the production of AFFF, the types of AFFF lawsuits, and recent case developments.
#1 Understanding a Manufacturer’s Liability
To begin with, employees may file claims under certain circumstances.
According to the lawsuits, if any AFFF foam makers were aware of the health risks involved with the use of PFAS (per- and poly-fluoroalkyl substances) but forgot to warn or take any measures to protect people, they could be held responsible.
Firefighters are eligible to claim on meeting certain criteria:
- They have used AFFF firefighting foam regularly since 1960.
- They possess a medical record about AFFF exposure.
- They are discharged from their duty under circumstances other than dishonorable.
In cases of a firefighting foam lawsuit involving exposure to toxic substances, the affected party or plaintiff can claim charges by proving any of the following:
- The substance was dangerous.
- The party was exposed to the substance.
- The substance was the direct and proximate reason for the harm caused.
According to TorHoerman Law, to prove that the plaintiff was harmed in reality, one may have to submit several pieces of evidence. These include:
- Medical records
- Medical bills
- Evidence of being exposed to the substance at some point
Now we’ve got a brief understanding of who can raise claims and the circumstances under which they can do the same. Let’s move on to find out the types of firefighting foam lawsuits that can be filed against an AFFF manufacturer.
Every lawsuit has a different legal purpose and involves separate compensation for the plaintiff.
#2 Common Lawsuits that Can Be Filed Against the AFFF Manufacturer
Product Liability Lawsuits
These claim that the AFFF firefighting foam product is defective – in design, labeling, or manufacturing. The defects include flaws in the design, and manufacturing, and errors in providing adequate warnings.
Personal Injury Lawsuits
Those who have suffered medical issues or injuries as a result of exposure to toxic chemicals can demand personal injury claims against firefighting foam manufacturers.
Environmental Contamination Lawsuits
These refer to the lawsuits that can be filed by any government entity, community, or person affected by environmental contamination caused by AFFF. They can seek compensation from manufacturers for property damage, loss of natural resources, or cleanup expenses.
Death Lawsuits
In cases where exposure to AFFF firefighting foam has resulted in the untimely deaths of individuals, their family members can claim compensation from the manufacturer.
#3 The 2023-2024 AFFF Firefighting Foam Lawsuit Update
In the 2023 City of Stuart v. 3M Co. et al. case, the former claimed that the municipal water system of Stuart was contaminated due to AFFF. The trial did not happen because manufacturers (defendants) agreed to pay up to $10.3 Billion over the next 13 years and resolve all water contamination cases.
Moving on to 2024, 250 new cases were added to the AFFF multidistrict litigation (AFFF MDL) in May. The number of cases at present stands at 8,270. A rather large number of AFFF firefighting foam lawsuits are being pursued in different parts of the United States. Several of these have been consolidated into firefighting foam MDl only to streamline the proceedings as they move ahead.
Frequently Asked Questions (FAQs)
What types of cancer cases caused by AFFF have the largest settlement value?
Kidney cancer and pancreatic cancer cases have the largest settlement value as these cancers are known to have worse outcomes than others like testicular or prostate cancer.
Is there any regulation in action concerning the use of aqueous film forming foam?
The increasing public exposure and occupational exposure to the alarming levels of PFAS chemicals urged the release of the PFAS ‘Action Plan’ in February 2019.
How long does it take for victims to get compensation in AFFF lawsuits?
Toxic exposure lawsuits are complex. Predicting a precise timeline is difficult even for experienced firefighting foam lawyers.
How much compensation will I receive if I have been exposed to AFFF?
There are a variety of factors that are involved in this, such as the severity of the disease caused and the duration of the exposure. It’s advised that victims who’ve been exposed to these PFAS chemicals or forever chemicals should seek advice from AFFF firefighting foam lawyers.
How To File an AFFF Lawsuit?
You can start by consulting one of the reputed firefighting foam attorneys or any competent AFFF lawyers, getting hold of crucial evidence, making a note of responsible companies, and then moving on to getting a settlement verdict.
To sum up, 20% of firefighters are estimated to get diagnosed with cancer as a result of prolonged exposure to AFFF. According to a recent report, the AFFF market is projected to reach 163.35 million by 2031. This indicates the usage of AFFF is still rampant even as victims await compensation for damages from manufacturers.
To read more, Click Here
