Aqueous film-forming foam (AFFF) has been widely used to fight fires, particularly in military and aviation settings. However, this firefighting foam contains harmful chemicals known as PFAS, which researchers have linked to serious health issues.
If you or a loved one were exposed to AFFF and developed health problems, you may participate in an AFFF lawsuit and recover compensation for the harm you suffered.
If you believe you've been harmed by AFFF exposure, don't face this challenging situation alone. An experienced lawyer can evaluate your case, explain your legal rights, and help you pursue the compensation you deserve. Contact a qualified Aqueous film-forming foam (AFFF) lawsuit attorney today to discuss your potential AFFF lawsuit and take the first step toward justice.
What is AFFF?
Aqueous Film-Forming Foam is a type of fire suppressant widely used to combat flammable liquid fires, particularly those involving petroleum products. Developed in the 1960s, AFFF quickly became the go-to firefighting foam for military, aviation, and industrial applications due to its effectiveness in rapidly extinguishing fires. The foam works by creating a thin film on the surface of flammable liquids, suppressing vapors and preventing re-ignition.
AFFF contains fluorinated surfactants, specifically per- and polyfluoroalkyl substances (PFAS), which give the foam its unique fire-suppressing properties. These chemicals allow the foam to spread quickly and form a barrier between the fuel and oxygen, effectively smothering the fire.
While highly effective for fire suppression, scientists recognize the PFAS in AFFF as persistent environmental contaminants with potential health risks, leading to increased scrutiny and legal action against manufacturers. Despite these concerns, AFFF remained in widespread use for decades, particularly at military bases, airports, and industrial facilities, potentially exposing countless individuals to its harmful components.
What Illnesses Have Been Linked to AFFF?
Exposure to AFFF has been associated with various health issues, primarily due to the presence of PFAS chemicals.
Scientific studies and medical research have linked AFFF exposure to several serious illnesses:
- Breast cancer
- Leukemia and lymphoma
- Thyroid cancer
- Colorectal cancer
- Fertility issues
- Ulcerative colitis
The onset of these illnesses may occur years after exposure, making it crucial for individuals with known AFFF exposure to monitor their health closely and inform their healthcare providers about their exposure history. Consult a legal professional about your options if you developed any of these conditions and have a history of AFFF exposure.
How Does AFFF Exposure Occur?
AFFF exposure typically occurs through direct contact, inhalation, or ingestion. Firefighters and other emergency responders may come into direct skin contact with the foam or inhale its mist during firefighting or training exercises.
Additionally, AFFF can contaminate soil and water sources, leading to exposure through drinking water or consuming foods prepared with contaminated water, potentially affecting both workers and nearby communities.
Who is at Greatest Risk of AFFF Exposure?
Certain groups face a higher risk of AFFF exposure due to their occupations, living environments, or other factors:
- Firefighters: Professional and volunteer firefighters who have used AFFF in training exercises or to combat fires are among the most at-risk groups.
- Military personnel: Those serving on military bases where AFFF was regularly used, especially in aviation firefighting, face significant exposure risks.
- First responders: Police officers, paramedics, and other emergency personnel who respond to incidents where AFFF is used may face exposure.
- Airport workers: Employees at airports, particularly those involved in fire safety or working near runways, may have been exposed to AFFF during fire drills or emergencies.
- Industrial workers: Employees at facilities using AFFF for fire suppression, such as oil refineries or chemical plants, may have experienced prolonged exposure.
- Residents near military bases or airports: People living in communities adjacent to locations where AFFF was frequently used may be at risk due to groundwater contamination.
- Environmental cleanup workers: Individuals involved in cleaning up AFFF-contaminated sites may face exposure risks.
- Families of high-risk workers: Secondary exposure can occur when AFFF residue is brought home on clothing or equipment.
- Consumers of contaminated water: People who have consumed water from sources contaminated by AFFF runoff or groundwater infiltration may be at risk.
- Manufacturers and handlers: Workers involved in the production, packaging, or transport of AFFF products may have experienced occupational exposure.
If you fall into any of these high-risk categories and have concerns about AFFF exposure, it's important to discuss your history with your healthcare provider and consider consulting a legal professional to understand your rights and options.
What Compensation Is Available in an AFFF Lawsuit?
Individuals affected by AFFF exposure may recover compensation through an AFFF lawsuit.
While the exact amount and types of compensation can vary depending on the specifics of each case, here are some common forms of compensation that plaintiffs may seek:
- Medical expenses: This includes costs for past and future medical treatments related to AFFF exposure, such as cancer treatments, medications, and ongoing care.
- Lost wages or income: Compensation for income lost due to illness, medical treatments, or inability to work because of AFFF-related health issues.
- Loss of earning capacity: If the health effects of AFFF exposure have reduced your ability to earn income in the future, you may be compensated for this loss.
- Pain and suffering: Non-economic damages for physical pain and emotional distress caused by AFFF-related illnesses.
- Loss of enjoyment of life: Compensation for the reduced quality of life resulting from AFFF-related health issues.
- Punitive damages: In some cases, courts may award additional damages to punish manufacturers for negligence or misconduct.
- Wrongful death benefits: If a family member has died due to AFFF-related illness, surviving family members may be entitled to compensation for funeral expenses, loss of companionship, and loss of financial support.
- Monitoring costs: Funds to cover the expense of ongoing medical monitoring for individuals exposed to AFFF but not yet diagnosed with related illnesses.
The amount of compensation can vary widely based on factors such as the severity of the illness, the extent of exposure, the impact on the individual's life, and the strength of the evidence linking the illness to AFFF exposure.
An experienced attorney can help evaluate your case and pursue the maximum compensation you deserve. Keep in mind that many AFFF lawsuits are still ongoing, and the full scope of available compensation may evolve as cases progress through the legal system.
What Should I Do if I Think My Illness Is Related to AFFF Exposure?
If you believe AFFF exposure may have caused your illness, take prompt and deliberate action. Here are the steps you should consider:
- Seek medical attention: Consult your healthcare provider immediately. Inform them about your history of AFFF exposure and any symptoms you're experiencing.
- Document your exposure: Create a detailed record of when and where you were exposed to AFFF. Include dates, locations, and the duration of exposure if possible.
- Gather medical records: Collect all relevant medical records, including diagnoses, test results, and treatment plans. These will be crucial for establishing a link between your illness and AFFF exposure.
- Research AFFF-related illnesses: Familiarize yourself with the health conditions associated with AFFF exposure to better understand your situation.
- Preserve evidence: If you have any physical evidence of AFFF exposure (e.g., work records, photos), keep it safe. This could be important for your case.
- Contact an experienced attorney: Contact a lawyer who handles AFFF lawsuits. Many offer free initial consultations to evaluate your case.
- Act promptly: Be aware of statutes of limitations, which set deadlines for filing lawsuits. These vary by state and circumstance, so timely action is crucial.
- Continue medical care: Follow your doctor's advice and continue with any recommended treatments or monitoring.
Remember, establishing a link between AFFF exposure and your illness can be complex. An experienced attorney can help you navigate this process, gather necessary evidence, and determine the best course of action for your specific situation. Don't hesitate to seek legal advice if you suspect your health has been affected by AFFF exposure.
AFFF Lawsuits
The legal landscape surrounding AFFF exposure has evolved significantly in recent years, with thousands of lawsuits filed against manufacturers and distributors of AFFF. Here's an overview of the current status of AFFF litigation:
Consolidation of Federal Lawsuits
In 2021, all AFFF firefighting foam lawsuits filed in Federal courts across the United States were consolidated into multidistrict litigation (MDL) before Judge Richard Gergel in the United States District Court for the District of South Carolina. This consolidation aimed to streamline the legal process and ensure consistent rulings across similar cases.
Growing Number of Cases
The number of AFFF-related lawsuits continues to rise. As of July 2, 2024, there were 9,198 ongoing legal actions, up from 8,270 in June of the same year. This increase reflects a growing awareness of the health risks associated with AFFF exposure and the expanding body of scientific evidence linking PFAS to various health issues.
Bellwether Trials
Judge Gergel has selected nine initial bellwether cases from a list provided by the plaintiffs. These cases focus on individual firefighter claims associated with kidney cancer, testicular cancer, thyroid cancer, or ulcerative colitis. The selection of these specific health conditions is based on scientific literature linking PFAS exposure to an increased risk of these diseases.
Defendants and Potential Settlements
The lawsuits target deep-pocketed defendants such as DuPont, 3M, Chevron, and Chemours. Legal experts anticipate that average jury verdicts in toxic firefighting foam lawsuits may exceed $2.5 million, which is expected to drive up the average settlement range.
Future Outlook
The first AFFF personal injury claims are expected to proceed to bellwether trials within the next year. These trials will likely set important precedents for future cases and may influence settlement negotiations. The focus remains on claims filed by individual firefighters who experienced significant occupational exposure to PFAS chemicals through regular training and use of AFFF.
As the litigation progresses, it's crucial for individuals who believe they may have been affected by AFFF exposure to stay informed about developments in these lawsuits. If you think you may have a claim, consulting an experienced attorney experienced in AFFF litigation can help you understand your legal options and the potential for compensation.
AFFF Manufacturers and Products Named in Lawsuits
Several manufacturers and their specific AFFF products have been named in recent lawsuits related to health issues caused by AFFF exposure. This list includes some of the major companies involved:
- 3M
- Product: Lightwater
- Note: 3M manufactured only PFOS-based foam and completed a voluntary phase-out in 2002 in agreement with the EPA.
- Ansul/Tyco
- Product: Ansulite
- Note: Continues to manufacture AFFF and other fluorinated foams. Ansul is now a subsidiary of Tyco.
- Chemours
- Product: FM-200
- Note: Continues to manufacture AFFF and other fluorinated foams. Formerly a subsidiary of DuPont, now a subsidiary of Kidde-Fenwal.
- National Foam, Inc./ Kidde-Fenwal
- Products: Aer-O-Lite, Aer-O-Water, Centurion, Universal
- Note: Began producing fluorinated foams as early as 1965. Continues to manufacture AFFF and other fluorinated foams. Now a subsidiary of Kidde-Fenwal, which is a subsidiary of Carrier.
- Chemguard
- Product: Chemguard
- Note: Continues to manufacture AFFF and other fluorinated foams.
- Buckeye Fire Equipment
- Product: Platinum (Legacy AFFF)
- Note: Continues to manufacture AFFF and other fluorinated foams.
These companies and their products have been identified in lawsuits as potentially responsible for critical health diagnoses in individuals exposed to AFFF. If you or a loved one has been exposed to AFFF products from these or other manufacturers and have developed health issues, you may be eligible to participate in an AFFF lawsuit. Consult with a qualified attorney to discuss your legal options.
Contact an Experienced Lawyer for Your AFFF Exposure Lawsuit
AFFF lawsuits represent a significant legal battle for those exposed to these potentially harmful firefighting foams. As the litigation continues to evolve, it's crucial for individuals who may have been exposed to AFFF to understand their rights and options.
A qualified lawyer handling AFFF litigation can help you in several ways:
- Evaluate your case: Determine if you have a valid claim based on your exposure history and health conditions.
- Gather evidence: Assist in collecting medical records, employment history, and other crucial documentation to support your case.
- Navigate the legal process: Guide you through the complex legal procedures involved in AFFF lawsuits.
- Negotiate settlements: Work to secure fair compensation for your injuries and losses.
- Represent you in court: If necessary, present your case before a judge or jury.
If you or a loved one has been exposed to AFFF and developed health issues such as cancer or other related conditions, don't wait to seek legal advice. Time limitations may apply to your case, and early action can be crucial in preserving your rights.
Contact an experienced AFFF lawsuit attorney today at 888-984-6195 or through the online form to discuss your situation and explore your legal options.