AFFF Lawsuit – Firefighting Foam Cancer Lawyer in California

A lawsuit filed by a North Carolina man on October 16 in South Carolina alleges he developed liver cancer due to exposure to PFAS chemicals in AFFF firefighting foam and firefighting turnout gear.

The lawsuit names numerous manufacturers as defendants, such as 3M Company, National Foam, DuPont, ChemGuard, BASF and others.

The lawsuit alleges the man worked with AFFF and turnout gear while in the military and while working as a civilian firefighter, and wasn’t ever warned that the products were possibly toxic.

The lawsuit accuses the defendants of deceiving himself and the public about risks associated with PFAS chemicals. It accuses the defendants of purposefully hiding the risks in order to place profits over the safety of others.

The lawsuit is one of over 8,000 lawsuits alleging that AFFF firefighting foam has caused injuries such as various cancers.

A lawsuit has been filed by a North Carolina man which alleges that he developed kidney cancer because he was exposed to PFAS chemicals in AFFF firefighting foam while he worked as a firefighter in Virginia. The man also claims that he was exposed to PFAS chemicals in the drinking water in Virginia because AFFF firefighting foam contaminated the water.

Multiple AFFF distributors and makers are named in the lawsuit, such as Chemours, DuPont and 3M. The lawsuit alleges the companies knew or should have known that AFFF firefighting foam could cause cancer but failed to warn about this risk.

A recent report contains findings which suggest that the contamination of drinking water near a Washington town probably resulted from AFFF firefighting foam used by the military which contained PFAS chemicals which can cause health risks and build up inside bodies.

University of Arizona researchers indicated that high levels of PFAS chemicals found in residents near Airway Heights, Washington are probably linked to AFFF which could have migrated from landfills utilized by Fairfield Air Force Base.

The researchers used detailed hydrological analysis and mapping which traced groundwater flow from the landfills, outlining PFAS contamination distribution. Environmental assessments and military records which documented AFFF use and disposal at these sites substantiated the analysis.

The researchers were also able to connect AFFF usage periods with spikes in levels of PFAS in water sources nearby, reinforcing the connection between environmental health risks and military practices.

The researchers noted that no mechanism was put in place in order to filter the PFAS chemicals prior to them leaching into nearby drinking water supplies and groundwater.

AFFF manufacturers such as 3M Company, Chemguard, Inc., Tyco Fire Products are facing over 8,000 firefighting foam lawsuits which allege they failed to warn about serious health risks which are associated with the PFAS chemicals found in the foam.

In other news, a lawsuit has been filed by a California couple on August 8, alleging that the husband developed liver cancer due to water contaminated by AFFF firefighting foam which was used on airports and military bases near his home.

The lawsuit alleges the man developed liver cancer from years of drinking water contaminated by PFAS chemicals from Sacramento, California as well as other municipalities. The lawsuit indicates the man required substantial treatment to fight his cancer, including a liver transplant and chemotherapy.

The docket for the AFFF MDL has been quite slow in August. Litigation usually slows down in this month. Hopefully, September sees things moving towards trial or settlement. A status conference will occur on September 13 and that conference should provide an indication of how things will go this fall as things move towards an initial trial or settlement in the year 2025.

Because of the reputational and financial risks involved, we believe that a lot of defendants are going to look to resolve AFFF lawsuits via settlement instead of facing uncertain trials before juries.

A new firefighting foam lawsuit involves a plaintiff bringing a survival action and wrongful death lawsuit. The plaintiff’s husband was a firefighter as well as a hazardous materials technician in New Jersey and regularly got exposed to AFFF.

The husband used AFFF in emergency situations and training as a firefighter, not being aware that PFAS chemicals posed dangers. The plaintiff claims that his prolonged exposure to PFAS chemicals led to him developing kidney cancer and dying at 35 years old.

The lawsuit alleges that the defendants distributed, manufactured and designed AFFF knowingly while failing to adequately warn about its risks or instruct about its safe use. It is asserted by the lawsuit that the defendants knew that PFAS chemicals are hazardous but hid this info, which prevented the husband as well as others from identifying risks.

The AFFF MDL docket has recently seen an uptick in notices of voluntary dismissal. When plaintiffs file notices of voluntary dismissal, this virtually always indicates that cases are settled. However, it’s impossible to know for sure if these dismissals represent settlements because, at this point, all settlements are confidential.

A lawsuit filed by an Ohio couple on July 12 in South Carolina claims that PFAS chemicals in AFFF firefighting foam contaminated the couple’s drinking water, leading to the husband developing testicular cancer, resulting in physical injuries as well as damage to the marriage of the couple.

According to the lawsuit, the husband consumed private and public water contaminated with AFFF firefighting foam for many years, and developed testicular cancer due to drinking the contaminated water.

The husband needed cancer treatment which included an orchiectomy, a procedure involving the removal of one testicle or both.

The lawsuit notes that high PFAS levels are still detectable in the husband’s body, leaving the man with a higher risk of developing cancer or other diseases in the future.

A great proposal has been made by victims’ lawyers in order to move AFFF lawsuits forward. Lawyers have proposed to select testicular and kidney cancer cases from the State of Pennsylvania and ulcerative colitis and thyroid disease cases from the State of Colorado. This is a strategy aiming to reduce the court’s burden and parties’ burden via a focus on specific sites, and through minimizing the needed evidence, expert reports and depositions.

As many dates for trials as possible will be needed for these lawsuits to settle. Defendants will likely oppose the proposal. However, it will be obvious they simply want to delay trials.

In other news, a lawsuit was filed on July 10 by a Georgia man who alleges that he received a kidney cancer diagnosis after being exposed to AFFF firefighting foam and firefighting gear containing PFAS chemicals while serving as a firefighter in the Navy from 1989 to 2023. The lawsuit alleges that the PFAS chemicals in the foam and turnout gear caused his cancer.

In other news, AFFF stocks are being replaced by a new formulation without flourine, known as F3, by the Air Force, in order to prevent PFAS chemicals from being used during firefighting activities. $8.55 million has been allocated in order to purchase in excess of 270,000 of the new formulation. This transition began with installations overseas and U.S. bases are now taking part in it.

June saw 928 new cases added to the AFFF MDL, bringing the total number of cases to 9,198.

One of the new lawsuits was filed on June 28, involving a Kentucky residents who alleges personal injuries such as thyroid disease resulting from AFFF exposure.

The plaintiff claims that thyroid disease, emotional distress, suffering and pain were caused by AFFF firefighting foam exposure while he worked as a firefighter in Kentucky and Florida. The lawsuit emphasizes the link between AFFF, which contains PFAS chemicals, and thyroid cancer.

Findings published in a medical journal have stated that numerous types of PFAS chemicals are emitted by landfills as chemicals as well as products start breaking down.

The researchers assessed three landfills in Florida for PFAS in landfill gas and leachate. The researchers discovered that the landfills were emitting 13 different PFAS chemicals, and that FTOH, a chemical which is thought to be toxic, constituted 87 to 97 percent of the PFAS chemicals.

In other news, a recent study found that PFAS chemicals are readily absorbed through human skin. The study found that 15 different PFAS chemicals can be absorbed through human skin. The results of the study will bolster lawsuits alleging that firefighters became ill after being exposed to AFFF firefighting foam and firefighting turnout gear during training and firefighting exercises.

In other news, a lawsuit was filed in South Carolina on June 14 by a former Arkansas firefighter who alleges he was diagnosed with kidney cancer which he developed due to his exposure to AFFF firefighting foam during response and training exercises. The lawsuit accuses the defendants of failing to warn him about AFFF’s dangers, putting him and other first responders at a risk of developing testicular cancer, kidney cancer and additional illnesses.

A lawsuit filed in South Carolina on June 13 by a former firefighter from New York alleges the man developed testicular cancer and thyroid disease because he was exposed to PFAS chemicals in AFFF firefighting foam and protective turnout gear during his career as a result of response and training exercises.

The lawsuit pursues damages from numerous manufacturing and chemical companies including Honeywell Safety Products, DuPont, Chemguard and 3M Company.

The lawsuit alleges the turnout gear and firefighting foam contained PFAS chemicals.

A growing body of evidence links exposure to PFAS chemicals to cancer and other injuries such as hormone suppression, high cholesterol, decreased fertility, thyroid disease and liver damage.

According to the lawsuit, the man worked as a firefighter from 1978 through 1989, received a testicular cancer diagnosis in 1993 and received a thyroid disease diagnosis in 2010. The lawsuit indicates the man needed his left testicle removed and has needed radiation therapy for that as well as his thyroid disease.

The treatments, according to the lawsuit, destroyed the man’s thyroid gland, necessitating him taking medication for the remainder of his life.

The lawsuit alleges that the defendants knew that the PFAS chemicals in their products were dangerous but failed to warn people about it.

It is indicated by the lawsuit that due to deception by the PFAS manufacturers, the man wasn’t aware that the chemicals caused his illnesses until 2023.

Two water utilities have petitioned the court system to challenge national limits on the presence of PFAS chemicals in drinking water which have been set by the EPA. The EPA rule, which was enacted in April, sets limits upon five PFAS chemicals. The utilities are arguing that the best science available or most recent data wasn’t used by the EPA, and are arguing the rule fails to address concerns about how affordable safe drinking water will be.

It is frustrating that the utilities are undermining an attempt to protect millions of people from harmful PFAS chemicals in drinking water. It’s obvious that the economic impact of the new rules needs to be considered, but the long-term effects on public health that PFAS chemicals have needs to be urgently addressed.

Plastic manufacturers such as BASF and 3M are receiving warnings that PFAS lawsuits being pursued in the thousands might just be the start of litigation faced by the companies, and that PFAS litigation may eventually eclipse liability that asbestos and tobacco manufacturers have faced.

Brian Gross, a defense lawyer, presented this warning at an industry conference earlier this year, according to the New York Times. The publication was told by an environmental attorney that the number of PFAS lawsuits might eclipse some of the largest litigations in the history of the United States combined.

Thousands of lawsuits allege that people have developed serious diseases from exposure to PFAS chemicals in AFFF firefighting foam and drinking water, such as kidney cancer, testicular cancer and ulcerative colitis.

In excess of 250 cases were added to the AFFF MDL in May, bringing the total number of cases in the litigation to 8,270.

As evidence mounts regarding the health risks that PFAS chemicals pose, a new ProPublica report goes into detail about how 3M Company was aware for decades that PFAS chemicals accumulated inside people and posed a serious danger, yet chose to dismiss and ignore warnings by its scientists and conceal information.

The report delves into the research of Kris Hansen, a former chemist with 3M. Upon request by her boss, Hansen, in 1997, started testing the blood of humans for PFOS. The request came after 3M found PFOS in the blood of not only 3M factory workers by also members of the general population. 3M wanted to know if those results were a mistake.

When Hansen tested the blood of the members of the general population, she confirmed the results were not a mistake and reported the results to her boss, who reportedly replied “this changes everything,” entered his office and closed its door.

Hansen tested blood samples from every supplier the company worked with over the subsequent weeks, finding PFOS in all of them. During this testing, her boss made a sudden announcement he’d be retiring early.

According to the report, what Hansen wasn’t aware of is that two decades earlier, 3M had already gone through animal studies which found that PFOS was toxic, finding it could damage rats’ livers and kill monkeys.

According to a 3M document, a toxicologist urged company executives to study if PFAS chemicals caused cancer or reproductive issues, and if the chemicals were present in humans, but his warning was removed from meeting notes.

An epidemiologist with 3M in 1998 asked Hansen to test blood. When Hansen found PFOS in the blood, the epidemiologist let her know the blood was from his horse. While the epidemiologist thought this was proof her testing was bogus, what Hansen wondered was how PFOS was getting in animals.

She discovered that lab rats who ate more fish had more PFOS in the blood, suggesting PFOS had gotten into water. Hansen also discovered that mother rats were seemingly passing PFOS on to their children.

Another study ended up confirming that Scotchgard and Scotchban, which contained chemicals which broke down into PFOS in lab rats’ bodies, were the sources of PFOS.

In 1998, Hansen met with a 3M scientist who told her that, over 20 years before that, two scientists had found a PFAS chemical in human blood, wondering if its source might be Scotchgard. He told her that subsequent experiments he did confirmed this suspicion – that it was PFOS – but that 3M’s lawyers urged his lab to not admit this.

Up until this point, many of Hansen’s colleagues had doubted her results, and this infuriated her, since apparently earlier experiments by 3M had already proven her results correct.

In 1999, Hansen was invited to present her results to 3M CEO Livio DeSimone. Almost immediately upon the start of her presentation, various attendees started questioning her, seemingly viewing the diligence she showed as betrayal. While executives interrupted her, Hansen noticed that DeSimone had fallen asleep.

After this meeting, Hansen was told her job would change, and she would only be able to do experiments specifically requested by supervisors. It was explained a different scientist would lead PFOS research at 3M going forward.

According to the report, a 1991 document involves a 3M scientist talking about measuring PFOS in blood, and this report had been sent to Dale Bacon, who had later questioned Hansen’s findings and told her to stop her work. According to the report, Bacon, in a sworn deposition, said that during the 1980’s he had overheard from a colleague that PFOS had been found in the blood of humans. The report had been sent to Bacon by Jim Johnson, who had instigated Hansen’s PFOS research then acted surprised by her results.

According to the report, Johnson had found PFOS in the blood of the general population in the late 1970s, and knew in the early 1980s that rats who were fed a Scotchban component ended up with PFOS accumulating in their livers. When asked what this meant for 3M, Johnson reportedly replied, “It meant they were screwed.”

Describing experiments he did with rabbits and PFOS, Johnson said “I killed a lot of rabbits… these idiots were already putting [PFOS] in food packaging.”

Johnson said he didn’t do more, describing himself as a “loyal soldier” with a commitment to protecting the company from liability.

“I didn’t even report it to my boss, or anybody… there are some things you take to your grave,” he said.

According to the report, Johnson said that 3M had a tacit rule: not every question needed to be answered or even asked.

BASF, the world’s largest chemical producer, agreed to pay out $316.5 million in order to resolve liability it faces regarding lawsuits which dozens of municipalities and cities around the nation brought regarding water contamination by PFAS chemicals found in AFFF firefighting foam as well as other products the company manufactures.

The settlement involves $4 million, which will be paid in July 2024, and $312.5 million, which will be paid in the month of March in 2025. BASF indicates the settlement doesn’t involve an admission of guilt.

Similar settlements have been reached by 3M, Tyco Fire Products, Chemguard and DuPont – 3M reached a settlement between $10.5 billion and $12.5 billion in order to cover the costs of remediation regarding the removal of PFAS chemicals from drinking water around the nation.

A new study has found that PFAS chemicals can pass through the blood-brain barrier and accumulate in the human brain.

The researchers found that accumulation of PFAS chemicals in the brain had a correlation between levels of PFAS in plasma samples, which suggests that PFAS chemicals, especially PFOS, can pass through the blood-brain barrier and then accumulate in the brain.

The researchers determined that PFAS chemicals “pose toxic risks” to the brain as well as the kidney, liver and thyroid.

The researchers also found that more chemicals can pass through the blood-brain barrier as people get older.

Thousands of lawsuits allege that PFAS chemicals in AFFF firefighting foam have caused people to develop cancers and other illnesses.

The judge overseeing the AFFF pretrial proceedings has ordered parties to start discussions regarding what cases are the best suited for seeing early trials, including claims regarding testicular cancer, thyroid disease, ulcerative colitis and kidney cancer, and which cases should end up being ready to see juries prior to late 2025.

A starting pool consisting of 25 selected cases will end up being narrowed down and end up being divided into two separate groups, which will then proceed according to a schedule of trial prep, motion practice, discovery proceedings and trial.

Group A will consist of six lawsuits, three involving testicular cancer and three involving kidney cancer.

Group B will involve five lawsuits, with two involving ulcerative colitis and three involving thyroid disease.

The lawsuits allege that PFAS chemicals in AFFF firefighting foam caused people to develop the above injuries, and that AFFF manufacturers failed to warn people that the foam could cause these injuries.

A wrongful death lawsuit has been filed against 3M in Kentucky, alleging that the plaintiff’s husband died of cancer in September 2023 due to his exposure to AFFF firefighting foam.

The lawsuit alleges the plaintiffs husband was exposed to the foam while working as a firefighter in Kentucky, indicating that he participated in firefighting activities and routine training during which he was exposed to AFFF and ingested it.

The lawsuit alleges the plaintiff’s husband was never warned that there were possible health risks associated with AFFF at any time during his career or training.

On May 6, parties in the AFFF MDL came up with a rough outline regarding schedules and procedures for managing and selecting two plaintiff groups for bellwether trials in the litigation. The groups will be selected from a pool of 25 plaintiffs who allege four injuries: ulcerative colitis, thyroid disease, testicular cancer and kidney cancer.

Notable dates released include a deadline of April 17, 2025 for replies in support of Daubert motions for group A, and July 31, 2025 for completion of expert depositions for group B.

323 cases were added to the AFFF MDL in April, bringing the total number of pending cases over 8,000.

Lawmakers in the United States Senate and House have introduced legislation aiming to remove unnecessary PFAS chemicals from United States circulation so the population has less exposure to these toxic chemicals – chemicals which have been shown to accumulate in the environment and human body, leading to multiple severe health effects. The legislation calls on scientists to evaluate PFAS chemicals’ use in the United States in order to figure out which chemicals are essential and which chemicals are not. Chemicals determined non-essential would be phased out in 4-10 years.

The federal government, for the first time ever, has set legally enforceable limits upon the amount of PFAS chemicals in drinking water systems in the United States.

A limit of 4 ppt has been set for PFOS and PFOA, and a limit of 10 ppt has been set for GenX, PFHxS and PFNA.

In addition, almost $1 billion is being allocated for PFAS mitigation efforts.

In other news, a new study discovered widespread contamination by PFAS of water, and found that the impact of AFFF has been underestimated.

The researchers described PFAS chemicals found in AFFF as “a large environmental burden.”

The researchers found that “PFAS are pervasive” in groundwaters and surface waters around the world, particularly in North America, Europe, China and Australia.

While the researchers found that locations near known AFFF sources such as military bases were the most likely to see water contaminated by PFAS in the United States, the researchers also discovered water sources contaminated by PFAS which were not near any known sources of PFAS chemicals.

568 cases got added to the AFFF MDL in March, bringing the total to 7,738 cases. This was the largest amount of cases added to the MDL in a month in more than a year.

A new study found that not only are PFAS chemicals probably in the blood of every person, but that the chemicals can lead to higher levels of cholesterol.

The study found that higher levels of PFAS chemicals, especially PFHxS and PFOS, were associated with higher levels of total phospholipid, cholesterol and lipid content in most VLDL, LDL, IDL and HDL subclasses.

The study found that even low concentrations of PFAS are associated with “unfavorable” lipid profiles.

The researchers stated that their results indicate there might be no safe levels of PFAS exposure which don’t lead to health hazards.

The court overseeing the AFFF MDL has established a process through which parties will prepare cases involving thyroid cancer and liver cancer to be selected for the MDL’s bellwether process.

The court, last year, established a process for bellwether trials wherein a small group of lawsuits alleging injuries were caused by AFFF are going through discovery as well as pretrial motions in order to prepare for early trials which will assist in gauging how juries will probably respond to certain testimony and evidence which the litigation will see repeated throughout.

The first bellwether pool included claims which involve testicular cancer, kidney cancer, ulcerative colitis and thyroid disease, and 28 lawsuits were selected which involved those injuries – this list of 28 cases will eventually be reduced to a smaller list which will end up being eligible for bellwether trials.

On March 13, paperwork was submitted by the plaintiffs indicating a second group of bellwether trials should involve claims of thyroid and liver cancer.

The United States government has requested that over two dozen AFFF lawsuits be dismissed. The lawsuits have been brought by the state of New Mexico, as well as numerous farms, claiming that the U.S. military caused water contamination through its use of AFFF firefighting foam, which contains toxic PFAS chemicals. The U.S. government is arguing that the federal government is immune to lawsuits such as these because government policies were not violated through the use of the firefighting foam. The government is arguing that lawsuits like these can only be filed if they allege that the violation of specific government policies occurred.

176 cases were added to the AFFF MDL in February, bringing the total number of cases over 7,000.

An AFFF lawsuit has been transferred into the AFF MDL. The lawsuit was filed by a Nevada man who worked as a state-certified firefighter and who was exposed to firefighting foam from 1992 through 1997. The man received a bladder cancer diagnosis in 2021.

A bill in the Iowa Senate, Senate File 2229, has been introduced, seeking to ban usage in the state of AFFF firefighting foam which contains PFAS chemicals, seeking to curb the risks of cancer and water contamination which are linked to PFAS. The bill would prohibit county airports, municipalities and fire departments from purchasing or acquiring AFFF which contains PFAS chemicals, starting on January 1, 2026.

The State of Ohio has plans to destroy stockpiles of AFFF firefighting foam because it contains very high levels of PFAS chemicals, which have contaminated water in communities all across the nation, and have been linked with cancer and other side effects. The program will be done with the help of a company named Battelle, which developed a technology called PFAS Annihilator.

The technology exposes firefighting foam to super critical water oxidization that can destroy the AFFF and reduces the levels of PFAS in wastewater to levels which are not detectable.

The CDC has issued “PFAS Information for Clinicians,” which is guidance for clinicians about the treatment and testing of patients who have been exposed to PFAS chemicals. The guidance notes that PFAS exposure is potentially linked with:

• Higher cholesterol levels
• Lower birth weight
• Less antibody response to a vaccine
• Testicular cancer
• Kidney cancer
• Liver enzyme changes
• Preeclampsia
• Pregnancy-induced hypertension

The CDC notes that there are no medical treatments currently approved to reduce the amount of PFAS chemicals in the human body.

The AFFF MDL has seen 88 new cases added to it in the past month. The MDL now has 6,715 total cases which are pending.

Parties involved in the AFFF MDL have been given 24 weeks for conducting core discovery regarding select cases. The cases involve cases which will end up being the first claims that jurors see. The core discovery process will involve parties exchanging information and documents like medical records, as well as conducting depositions of company officials, key witnesses and plaintiffs. Many of the claims involve lawsuits brought by firefights who developed cancer after being exposed to AFFF firefighting foam.

227 new cases have been added to the AFFF MDL in the past month, bringing the total number of cases to 6,627.

A new Environmental Working Group analysis of EPA data has found that at least 44 million people in the United States have drinking water that is contaminated with PFAS chemicals. Far more Americans likely have drinking water contaminated by PFAS chemicals, as the data the group analyzed only includes test results from less than one-third of the United States’ drinking water. The group has previously estimated that over 200 million Americans’ drinking water is contaminated with PFOA or PFOS.

Multiple United States cities object to a proposed settlement regarding water contamination by PFAS chemicals found in products such as AFFF firefighting foam, saying the settlement lets off 3M too easily regarding damage they caused to public health and the environment.

The Widefield Water and Sanitation District in the state of Colorado objects to the settlement. The district has claimed that PFAS from AFFF firefighting foam has contaminated its aquifier since 2016. The district claims the settlement is not adequate, reasonable or fair, as it won’t adequately address harm to drinking water or financial burdens which are associated with remediating, treating and monitoring the water.

There are now over 6,000 cases in the AFFF MDL. 111 cases were added to the MDL in September. Many of these cases involve claims of water contamination, meaning they have been resolved by a global settlement deal reached this summer.

A study has found that elevated serum concentrations of the PFAS chemical PFOS were positively associated with testicular germ cell tumors in United States Air Force servicemen. The study found that those with elevated serum concentrations of PFOS were 2.6 times more likely to have testicular germ cell tumors.

A study published on September 18 found that various PFAS chemicals were linked with uterine and ovarian cancers in white women.

On August 29, 2023, a court preliminarily approved a $12.5 billion proposed settlement revision in a class action PFAS lawsuit brought by utilities claiming that drinking water was contaminated by PFAS in AFFF. The purpose of the revision is to protect utilities from certain liabilities in the future.

On August 22, 2023, a judge preliminarily approved a $1.18 billion settlement between municipal water systems and DuPont. In addition, a recent settlement between water systems and 3M has been estimated at between $10.5 billion and $12.5 billion. Estimates have found that water systems will receive between $36,000 and $170 million each in the settlement.

22 states are opposing the $12.5 billion settlement which 3M offered to put an end to litigation regarding water supplies being contaminated by PFAS from AFFF firefighting foam. The states object to an indemnification clause in the settlement which could make water utilities liable. According to the states, if a cancer cluster is caused by PFAS contamination in water and those with cancer sue 3M, then 3M would probably be able to sue water companies as a result.

On July 18, 2023, AFFF manufacturer Tyco Fire Protection Products announced it will stop making and selling AFFF by June of 2024. The company announced it is going to transition to manufacturing and selling foam alternatives which are non-fluorinated. The company stated that recent advances allowed the company to create new, effective firefighting foams which are non-fluorinated.

On June 22, 2023, it was announced that a $12.5 billion deal was reached between 3M and public water systems. The deal was regarding drinking water being contaminated by PFAS in firefighting foam.

On June 5, 2023, the nation’s first bellwether trial in the AFFF MDL will be held in the U.S. District Court of South Carolina. The case is about PFAS in AFFF and Judge Richard M. Gergel will preside over the case. The plaintiffs are expected to call 13 or more witnesses and share 11 or more depositions. The defense is expected to call 15 or more witnesses and share one or more depositions.

The defendants include Dupont De Nemours, 3M Company, Chemguard, Tyco Fire Products, National Foam, Buckeye Fire Equipment Company, Dynax Corporation, Kidde Fenwal, Basf Corporation, Clariant Corporation and Corteva.

The MDL is seeing municipalities and cities filing lawsuits against AFFF distributors and the government for the use and production of AFFF, which allegedly contaminated nationwide water sources with PFAS. According to the EPA, ingestion of or contact with PFAS might cause decreased immunity, an increased risk of cancer, developmental delays in children and decreased fertility. There are over 400 claims by plaintiffs in the docket. The JPML is considering additional tag-along actions. The plaintiffs and defense were ordered by Gergel to submit case proposals for a second bellwether trial by August 11.

The United States District of South Carolina is preparing for the first bellwether trial in the AFFF MDL. The trial is scheduled for June 5, 2023. Judge Richard M Gergel will be presiding. Municipalities and cities file suit over the use of firefighting foam which contains PFAS. The foam allegedly contaminated nationwide water sources as run-off. According to the EPA, ingestion of or contact with PFAS might cause cancer, lower immunity, lower fertility, childhood developmental delays and more. Over 400 claims are in the docket, and more claims are up for consolidation in a May 25 hearing.

3M announced that it will stop manufacturing PFAS by the end of 2025. However, the number of lawsuits against the company is expected to keep growing for decades, since PFAS persist in the environment and human body for so long.

Over 100 new cases have been added to the firefighting foam lawsuit, bringing the number to over 3,300 cases.

Keeping track of the firefighting foam lawsuit updates can help you understand what to expect from your case. While each case is unique in facts, you can use set precedence to solidify your AFFF lawsuit.

The MDL lawsuit has grown, bringing the total number of cases to over 3,200. Furthermore, California filed a water contamination suit against DuPont, 3M, and other manufacturers of AFF products used over the last few decades, claiming that the state’s drinking water supply is toxic and unsafe for consumption.

The MDL judge appointed a mediator, Layn Phillips, a retired judge, to facilitate firefighting foam lawsuit settlement negotiations. The settlement negotiations will happen before the first bellwether test trial in 2023.

Attorney General Josh Stein from North Carolina announced the addition of new lawsuits to the firefighting foam class action lawsuit.

In addition, the first bellwether test trial case was picked. The MDL judge ruled that the first test trial case would be City of Stuart v. 3M Company, et al., (2:18-cv-3487). This isn’t a personal injury case but a municipal water contamination case.

The City of Stuart alleged that AFFF used during firefighters’ training exercises contaminated its water supply. It is suing 3M and other manufacturers for failing to issue a proper warning.

The city is seeking damages for the cost of cleaning the toxic chemicals out of its water system. The trial is set to start on June 5, 2023. In addition, dispositive pre-trial motions are due by February 3, 2023.

New cases were transferred to the AFFF class action lawsuit. Most of these new cases were brought by claimants living on or near military bases with high firefighting foam usage.

Over 90 new cases were added to the MDL, bringing the total number to over 2,500. A section of the new AFFF lawsuits were individual claimants alleging cancer from AFFF exposure. The other section was cases filed by municipal governments alleging local water supply contamination.

A new study published on May 3, 2022, by researchers from the Maine Medical Center Research discovered that PFAS found in AFFF poses a previously unknown health risk. According to the study, PFAS exposure can cause reduced bone mineral density in adolescent boys, possibly leading to bone fractures and several other orthopedic problems. This study is further evidence of the dangers of firefighting foam, making it elemental to the ongoing lawsuit.

On March 3, the Plaintiff’s Scientific Committee submitted a letter to the judge in the MDL attaching a couple of documents they identified as “significant new scientific” evidence of the link between cancer and chemicals in the AFFF. The first document was a notice from the California Office of Environmental Health Hazard Assessment (OEHHA) which identified the chemical in the product as a known carcinogen.

The other was a draft EPA finding identifying PFOA as a “possible” human carcinogen. Despite the defense council submitting their letter on March 15 disputing these two documents’ significance, the connection between cancer and PFOA gained-and is still gaining–momentum.

Defense attorneys filed a motion for partial summary judgement in the lawsuit based on a government contractor immunity argument.

There are over 2,000 plaintiffs in the MDL claims lawsuit housing all federal court cases in South Carolina.

In a huge win, the MDL judge rejected the 3M government contractor’s defense. The party had initially filed a motion for summary judgment, arguing that it should be immune from liability for injuries sustained from the AFFF products.

The judge held that the defense was inapplicable since there is evidence that 3M knew about some of the possible hazards of the AFFF products but didn’t warn the government about them.

In addition, the first AFFF lawsuit trial date was set. The judge in the class action MDL announced that the first bellwether case would be picked in December 2022, with the test trial beginning in April 2023. It is worth noting that bellwether cases tend to lead to settlement negotiations, especially if trials yield a significant verdict for a plaintiff.

A status conference was held via telephone allowing the defendants and plaintiffs to provide discovery updates, including deposition scheduling and document production.

A status conference was held in court where updates on discovery status were provided by defendants, plaintiffs and the United States. Most of the conference was spent dealing with disputes between the government and defendants regarding search terms as well as the obligation of the government to look for relevant historical documents.

The plaintiffs and defense took part in a Science Day before the judge. Both sides presented experts in order to respond to questions by the court about several issues

An order was issued by the court mandating that all plaintiffs complete plaintiff fact sheets, including public and private water districts as well as counties and cities. New cases have 98 days from the filing date to provide a plaintiff fact sheet. Defendants, though, only need to provide defense fact sheets for sites identified in a list of sites contaminated by AFFF.

The plaintiffs and defense stood before Judge Gergel for a status conference. Discovery-related updates were provided, including deposition scheduling and document production, as well as a deficiency process regarding plaintiff fact sheets which had been recently served.

A judge ordered all AFFF cases to be consolidated into an MDL which would be overseen by Judge Richard Gergel in the District of South Carolina.

The cases are filed against manufacturers of AFFF containing PFAS. The manufacturers, manufactured, designed, sold and marketed AFFF to chemical plants, airports, fire training centers and fire departments knowing the AFFF would end up in the environment, where it would contaminate drinking water around the country. The lawsuits typically claim plaintiffs were exposed to PFAS and now face a higher risk of health effects like cancer, immune system effects, liver effects, thyroid hormone changes and high cholesterol.

Plaintiffs in the cases include individuals, state attorneys general, public water districts, private water districts, counties and cities.

Oral arguments were presented regarding the AFFF manufacturers’ request to form an MDL.

Multiple AFFF manufacturers asked a judge to consolidate AFFF cases into a multidistrict litigation (MDL). The cases included personal injury cases, class actions and individual lawsuits filed by water districts and municipalities for the costs of treating well heads.