AFFF Lawsuit Updates – February 2024

AFFF Lawsuit Updates – February 2024

Many firefighters and military members are struggling with cancer and other medical issues as a result of being exposed to Aqueous Film Forming Foam (AFFF) while fighting fires caused by flammable liquids.

It's not surprising that many individuals have taken legal action to help recover some of their financial losses. There is a growing lawsuit known as multidistrict litigation (MDL) which combines several thousand firefighting foam cancer claims.

A large portion of plaintiffs are military firefighters who were subjected to occupational exposure to the dangerous chemicals in AFFF.

AFFF firefighting foam contains perfluoroalkyl and polyfluoroalkyl substances (PFAS). PFAS is a known carcinogen (cancer-causing substance) and a forever chemical. Forever chemicals are known for degrading extremely slowly over time and remain persistent in the environment for decades.

PFAS builds up in the human body over time. More specifically, PFAS is known for being extremely harmful to human health.

Exposure to firefighting foam and these toxic chemicals has been linked to numerous adverse health events.

Let Us Assist With Your AFFF Cancer Claim and Maximize Financial Compensation for Your Potential Claim.

Firefighting Foam Lawsuit MDL

After many federal AFFF lawsuits were filed, a multi-district litigation (MDL) was created to consolidate all cases for coordinated pre-trial discovery purposes. On this page, you'll find the most recent and relevant AFFF lawsuit updates to help keep you informed.

A typical multidistrict litigation involves hundreds or thousands of plaintiffs who have all been exposed to something harmful and who are requesting financial compensation for their related expenses. Injured firefighters and service members have brought AFFF lawsuits against the manufacturers of AFFF for providing a dangerous product and failing to warn about its potential harm.

Our Mission and Who We Serve

At Lawsuit Legal News (LLN), our mission is to inform and educate those who are facing serious medical issues after being exposed to AFFF. We are here to answer your questions, help you pursue justice, and recover the compensation you deserve through a firefighting foam cancer lawsuit.

Nearly 20% of firefighters exposed to AFFF firefighting foam are diagnosed with some form of cancer during their lifetime. Kidney and testicular cancer are the most common diagnoses, but a wide variety of medical issues, health risks, and different types of cancers have also been related to AFFF exposure. Our firefighting foam attorneys remain ready, willing and able to assist you in seeking compensation for your injuries, medical bills and future costs for medical treatment.

Firefighting Foam Lawsuit Updates - February 2024

**If you are considering filing an AFFF claim, or if you are already involved in the pending MDL, be sure to return to this page often for the latest information that can affect your future. This is the most up-to-date page concerning the AFFF MDL on the internet.

February 11, 2024 - Connecticut's AG Files Lawsuits Against AFFF Manufacturers 

Connecticut's Attorney General has filed AFFF lawsuits against chemical manufacturers like Chevron, 3M Company, Chemguard, and Dupont, seeking the costs of remediation of PFAS and PFOS which have greatly diminished the environment. 

More specifically, the state of Connecticut is seeking to recoup the costs associated with treating, cleaning, and restoring all of the land, soil, and groundwater that is or has been contaminated with PFAS from AFFF firefighting foam.

It appears the Connecticut AG is seeking to move the lawsuit quicker by keeping it out of the MDL which is filled with individual claims. This is a strategy that appears to be utilized by several states.

February 1, 2024 - Still Waiting on AFFF Information

We are still waiting on more information about the AFFF MDL, which will likely come as the Bellwether trials come to a conclusion. Follow this page to stay updated. Initially, the individual claims rode shotgun to lawsuits files by municipalities seeking remediation costs to treat contamination of water and soil near military installations and airports.

The initial bellwether trials will focus on water contamination cases as opposed to individuals harmed from direct exposure to AFFF firefighting foam.

January 4, 2024 - Over 300 Firefighting Foam Lawsuits Were Added to the AFFF MDL in December

Since the beginning of December, another 300 people who were injured by AFFF have filed suit and have been added to the MDL. This update just confirms how many people were injured by the toxic chemical.

December 1, 2023 - Court Still Focusing on Municipal Cases to the Detriment of Individual Personal Injury Claims

In the past 30 days, 351 new cases have joined the AFFF MDL,, bringing the total number of toxic firefighting foam lawsuits to more than 6,400. Approximately half of these claims were filed by municipalities, and most of those cases were resolved by a global settlement in October. A few municipal cases, known as the Telomer Water Provider claims, were not settled, and the court is now focusing on resolving those matters before dealing with individual injury claims associated with exposure to these toxic chemicals.

Unfortunately, during these delays, three more plaintiffs have died while waiting for justice. Their family members or an estate representative will take their place in the litigation, which we expect to continue well into 2024.

November 3, 2023 - Bellwether Trials to be Chosen This Month

The court entered a Case Management Order requiring both plaintiffs and defendants in the MDL to submit a list of suggested bellwether AFFF cancer cases by November 14th. These individual personal injury claims will undergo fact-specific discovery, and eventually, some of them will serve as the sample trials for the first individual injury claims against the AFFF defendants.

A recent study has drawn another connection between AFFF chemicals and testicular cancer, while different research confirms the link between PFAS and the increased risk of a thyroid cancer diagnosis. The total number of pending AFFF cases in the MDL has surpassed 6,000 although several of those cases involve municipal claims that will be resolved by the large settlement entered earlier this month.

October 3, 2023 - Municipal Water Contamination Cases Settle

When the first bellwether trial was scheduled to begin in June, serious settlement discussions began. We can now report that all municipal and local water authority AFFF cases have been resolved. The named defendants, including the two largest corporations, Dupont and 3M, have agreed to pay $10.3 billion to settle all municipal cases.

With the water authority cases out of the way, the team at Lawsuit Legal News expects to see more activity in the pending personal injury cases, including many lawsuits brought by firefighters and military members. We will continue to report the latest news on the progress of this multi-district litigation.

After 1,000 new cases joined the AFFF multi-district litigation (MDL) in the past two months, the total case count at the end of August was 5,614. Also, a new study was released showing a connection between testicular cancer and exposure to PFAS chemicals, especially among US Air Force Servicemen.

In response to Judge Gergel's request for recent information, plaintiffs' counsel have submitted an EPA press release discussing immediate health issues related to PFAS chemicals. The EPA confirms these forever chemicals are potential carcinogens with no acceptable level of exposure or consumption.

In the meantime, the global settlement related to municipal AFFF water contamination is going smoothly. We hope it will pave the way for the upcoming individual personal injury cases that are still pending.

August 1, 2023 - An AFFF Plaintiff Has Died, His Daughter Will Step In

Unfortunately, an Alabama plaintiff who filed an AFFF lawsuit that was eventually transferred to the MDL has passed away while the litigation is still pending with no settlement in sight. The court appointed his daughter to act on his behalf in the MDL. As this litigation drags on, we realize that some injured plaintiffs will not live to see and receive the compensation they deserve.

July 17, 2023 - Record Number of New Cases Added to MDL

In the past 30 days, 493 new lawsuits joined the AFFF multi-district litigation (MDL). This is the largest monthly number since the MDL began. Some of the 5,000+ pending cases are municipal water contamination cases which should be resolved according to the settlement agreement reached with 3M, DuPont, and other defendants earlier this month. The remaining cases will be individual personal injury matters, the cases we are watching closely at LLN.

July 5, 2023 - Municipal Water Contamination Lawsuits are Settled with 3M, DuPont, and Other Manufacturers. Focus Shifts to Individual Cases Now

The first bellwether AFFF trial, filed by a municipal water provider, was scheduled for June 2023. However, all municipality-related AFFF lawsuits settled before trial. DuPont and its subsidiaries Chemours Co. and Corteva Inc agreed to pay $1.18 billion to resolve 300 drinking water suppliers’ PFAS complaints as reported on June 2nd. The biggest defendant, 3M, also agreed to pay up to $10.3 billion to resolve municipality drinking water contamination cases, according to a 3M press release. Since the payments will occur over a 12-year timeframe, the actual payout may be closer to $12.5 billion, according to 3M's SEC filing.

Now the focus will shift to individual firefighters’ and military members’ claims for personal injuries related to AFFF exposure. Since they paid these billion-dollar settlements, we hope the AFFF manufacturers will offer smaller amounts to resolve the individual personal injury lawsuits quickly. As of July 1st, there were 4,793 pending AFFF cases pending in MDL.

June 5, 2023 - First AFFF Trial is Delayed. Are AFFF Lawsuit Settlements Possible in 2023?

Latest updates about AFFF Lawsuit

The first AFFF trial that was supposed to start today was delayed because of a motion filed by both parties due to an imminent settlement. This first trial does not involve an individual personal injury claim against AFFF foam manufacturers. Instead, it was a claim brought by the City of Stuart, Florida, regarding its municipal water sources, groundwater, and local soils. The city claimed the PFAS chemicals found in AFFF contaminated these areas and put citizens at risk. Plaintiffs based their claims on epidemiological data linking long-term exposure to PFAS-containing firefighting foam to adverse effects including a substantially increased cancer risk.

The team at Lawsuit Legal News learned that 3M is close to paying $10 billion to settle all municipality-filed lawsuits. DuPont is also considering settlement at this point, but again, only for municipal water sources, not individual injury claims.

Since these municipal settlements may lead to individual settlement discussions in firefighters’ and military members’ injury lawsuits, The LLN legal professionals are watching these initial settlements closely.

June 2, 2023 - Three Defendants Reach Settlement Agreement With Municipalities

Three of the largest AFFF manufacturing defendants—DuPont de Nemours, the Chemours Company, and Corteva—have reached a settlement with municipalities where the public water systems were contaminated by PFAS chemicals related to AFFF. The companies will create a $1.185 billion settlement fund and each will contribute amounts based on their agreed involvement. The proposed settlement will go to the United States District Court for the District of South Carolina for approval.

May 23, 2023 - EPA's Finally Proposes Limits on PFAS in Drinking Water, Evidence Will Be Admissible in First AFFF Trial

The EPA’s proposed limits on the amount of PFAS chemicals acceptable in drinking water is only four parts per billion. This statement will confirm the extreme dangers firefighting foam presents. Although the defendants in the first AFFF trial have objected to the admission of these limits, Judge Gergal denied their motion to bar the evidence. 

The judge agreed that the EPA’s limits might explain how toxic these PFAS are and why they should be removed from city water sources. If this first bellwether trial results in a substantial victory for the plaintiff, we expect the defendants will appeal the judge's decision.

May 18, 2023 - Defendant Kidde-Fenwal, Inc. is Out of the First AFFF Bellwether Trial; Second Round of AFFF Trials Address Personal Injuries

Kidde-Fenwal Inc. (KFI) was a named defendant in the upcoming trial brought by the City of Stuart, FL. claiming KFI (and others) manufactured AFFF firefighting foams containing PFAS, which contaminated the city's water sources. Recently, KFI filed for bankruptcy protection and the Judge dismissed KFI as required by bankruptcy rules.

The first round of bellwether trials will focus on municipal water contamination, then the focus shifts to personal injury claims brought by military members and firefighters exposed to AFFF foam during their service or employment. Cases will be organized by the plaintiffs medical issues - kidney cancer, testicular cancer, thyroid disease, or ulcerative colitis. Also, these cases must involve AFFF foam exposure near Colorado Springs Municipal Airport, Peterson Air Force Base, the Naval Air Warfare Center in Warminster, or the Willow Grove Naval Air Station Joint Reserve Base.

May 12, 2023 - The City of Stuart, Florida Alleges AFFF Foam Contaminated City's Water Supply

The first test trial, also known as a bellwether trial in the nationwide AFFF lawsuit, is City of Stuart v. 3M Co., et. al.Stuart, Florida. The city of Stuart is on the Atlantic coast near Jupiter and claims its water supply and groundwater were contaminated by PFAS resulting from AFFF firefighter foam runoff. This is an environmental contamination case focused on the costs of remediation to remove forever chemicals from the drinking water. 

The named defendants include 3M, DuPont, and Tyco Fire Products. The jury will be required to consider complicated scientific evidence and decide if the manufacturers are responsible for contaminating the water sources. This first trial should have a big impact on this litigation and other potential AFFF lawsuit settlements.

May 7, 2023 - First Bellwether Trial is Approaching, Study Shows Firefighters' Equipment Also Contains PFAS

The first bellwether case (test lawsuit) is set for a jury trial in June. Judge Richard M. Gergel is applying pressure on both sides to push cases to trial and inevitably a firefighting foam lawsuit settlement.

In the meantime, new research from the National Institute of Standards and Technology (NIST) tested 20 different materials that make up firefighter gear and found all contained up to 17 types of PFAS. It is unclear whether these PFAS can be absorbed into firefighters' skin and lead to the risk of cancer.

April 20, 2023 - CDC Creates a National Firefighter Cancer Registry

The U.S. Centers for Disease Control and Prevention (CDC)created the National Firefighter Registry for Cancer and is asking all firefighters to enroll to track and analyze the incidence of cancer among firefighters. In general, it is now an accepted fact that firefighters report more cancer diagnoses than the general public. 

There are now 4,173 claims pending in the AFFF lawsuit MDL that has been centralized in the U.S. District Court, District of South Carolina before Judge Richard Gergel.

March 3, 2023 – The US Air Force Agrees to Stop Using AFFF for Fire Suppression

In response to the 2020 National Defense Authorization Act, the Air Force plans to be the first military department to stop using fire suppressants containing PFAS chemicals by October 2024. As a result, the Air Force created an AFFF Sundown Policy calling for all foam systems to be “locked out” at the tank. The tanks will then be tagged with AFFF signage and removed from the area.

February 9, 2023 – Illinois Brings a Statewide Lawsuit Against AFFF Manufacturers

As the sixth-largest state in the country, Illinois has some of the nation's largest natural water reservoirs. The state filed a lawsuit against AFFF manufacturers arguing that the foam presents a risk of public water contamination. The lawsuit named defendants 3M, Dyneon, L.L.C., DuPont, and several other distributors and manufacturers.

January 11, 2023 - New Study Discloses Firefighter Dangers

A new study published in Occupational Medicine revealed that firefighters are four times more likely to be diagnosed with prostate cancer and three times more likely to be diagnosed with leukemia than the general population. This scientific evidence will provide strong support for plaintiffs in the pending AFFF (Aqueous Film-Forming Foam) multi-district litigation.

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To provide more information about the earlier history of the AFFF litigation, our affiliated legal team created this detailed AFFF Lawsuit Updates page. If you have any other questions, LLN’s experienced mass tort lawyers are available to discuss your unique circumstances during a free consultation.

AFFF and Cancer - Types of Cancer-Related to PFAS Exposure

This list is not exhaustive and keep in mind there are a host of potential health risks aside from cancer linked to chemicals in firefighting foam.

  • Bladder cancer
  • Testicular cancer
  • Prostate cancer
  • Colon cancer
  • Thyroid cancer
  • Kidney cancer
  • Liver cancer 
  • Leukemia
  • Lymphoma 
  • Multiple Myeloma
  • Pancreatic cancer

We are representing over 200 individual plaintiffs in the AFFF foam lawsuit with the above-referenced types of cancer against all firefighting foam manufacturers. Further, we are also representing women with ovarian cancer and cervical cancer.

We represent both civilian firefighters and military firefighters, along with current and former airport workers. However, the majority of our clients in the AFFF lawsuit are former military personnel.  A whole body of scientific studies illustrates the adverse health effects linked with exposure to AFFF firefighting foam products.

Damages in an AFFF Firefighting Foam Lawsuit

The damages we are seeking for our clients in the AFFF lawsuit include:

  • Emotional distress
  • Lost wages
  • Medical expenses
  • Future medical expenses
  • Punitive damages
  • Compensatory damages

If you or a loved one have been diagnosed with cancer or another serious medical condition after being exposed to the harmful chemicals in AFFF firefighting foam, reach out to the skilled legal team at Lawsuit Legal News for all the information you need. Our firefighting foam cancer lawyers can protect your rights and bring legal action to recover compensation for your AFFF-related losses to firefighting foam exposure

We are representing firefighters, airport personnel, and former members of our military, throughout the United States, in firefighter foam lawsuits. 

Call us at 866-467-0943 or fill out our online contact form for a free consultation today. Our experienced firefighting foam lawyers remain ready, willing, and able to assist with your claim.

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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