How to Get Invaluable Legal Advice for Firefighter Foam Lawsuit Victory

April 3rd, 2024

The US Navy developed the aqueous film-forming foam (AFFF) to save lives. The firefighting foam worked. However, workplace exposure to AFFF causes serious health risks. In this article, you will learn the current state of the firefighter foam injury lawsuit and how you can make your personal injury claims.

 

What is AFFF (or A triple F)?

AFFF is a Class B chemical foam widely used to fight chemical liquid fires. The following locations use the AFFF firefighting foam:

  • Chemical Plants.
  • Flammable liquid storage and processing facilities.
  • Merchant Operations (i.e., oil tankers and offshore platforms.)
  • Municipal fire departments.
  • Firefighting training centers (e.g., Goodfellow Air Force Base).
  • Oil refineries, terminals, and bulk fuel storage farms.
  • Aviation Operations for aircraft rescue and firefighting
  • Hangars
  • Military facilities

Johnson Controls developed AFFF under the Tyco Fire Products brand. The firefighting foam products combine hydrocarbon foaming agents with fluorinated surfactants. All AFFF products contain per- and polyfluoroalkyl substances (PFAS).

PFAS substances are “Forever Chemicals,” which are slow to break down naturally. In 2014, the International Agency for Research on Cancer (IARC) classified PFAS chemicals as possible human carcinogens.

Watch The Interstate Technology and Regulatory Council explainer video for details on aqueous film forming foam.

Who are the Companies that Manufacture AFFF products?

Several companies manufactured AFFF products that contained PFAS chemicals. Most companies have announced plans to stop production of AFFF. Here are some of the notable manufacturers:

  • 3M 
  • DuPont 
  • Chemours 
  • Tyco Fire Products
  • Corteva Inc.
  • BASF Corp.
  • Arkema Inc.
  • Dynax Corp.

These companies’ production of AFFF products has had severe consequences, impacting the environment and public health. Fire service professionals have used firefighting foam products since the 1960s. However, the US government didn’t make the public aware of the danger for 50 years.

The recent revelations indicate that 3M and DuPoint were aware of the toxicity of PFAS chemicals since the 1960s. The 1960s manufacturing revelation is the reason behind the AFFF class action lawsuit. This enables plaintiffs with personal injury claims to prove negligence and liability against these manufacturers. The manufacturers of AFFF products are the defendants in the firefighting foam lawsuit.

PFAS Contamination in the Texas (Feb 2024) - AFFF
Image: Courtesy of EWG’s Interactive Map

What is the Aqueous Film Forming Foam (AFFF) Lawsuit?

The AFFF firefighting foam lawsuit is growing. Over 7,738 firefighting foam cases are pending for this mass tort. The Plaintiffs’ claims include personal injury, property damage, ongoing medical attention, and other economic losses. 

On January 2, 2019, the Court issued a Case Management Order (CMO) in the US District Court of South Carolina. The Judicial Panel assigned all AFFF cases for Multidistrict Litigation (MDL) to the Honorable Richard M. Gergel.

What Are the Common Health Risks Caused By PFAS Exposure?

Scientific studies show that PFAS chemicals cause multiple types of cancer:

  • Kidney Cancer
  • Thyroid Cancer
  • Breast Cancer (male)
  • Testicular Cancer
  • Ovarian Cancer
  • Prostate Cancer
  • Childhood Leukemia
  • Non-Hodgkin Lymphoma

Active-duty military members have the highest incidence of testicular cancer. Military bases have a long history of water contamination because of firefighting foam disposal.

What’s Next for the Firefighting Foam Injury Mass Tort Lawsuit?

The first round of test trials focuses on liver cancer and thyroid cancer plaintiffs. These bellwether trials are test cases to evaluate the jury’s response to testimony and evidence. The courts use bellwether trials to shape potential outcomes for exposed individuals seeking justice.

The MDL court scheduled the Telomer AFFF Bellwether trial for August 23, 2024. The Telomer AFFF Bellwether Trial aims to address PFAS contamination claims by water providers against AFFF product manufacturers.

What’s Next for the Firefighting Foam Injury Mass Tort Lawsuit?

Are Firefighters the Only Groups Impacted in the AFFF Lawsuit?

Early AFFF studies indicated high exposure for civilian and military firefighters. However, the carcinogens spread throughout the community once PFAS contamination reaches drinking water sources, groundwater, or surface water. Non-firefighters have developed cancer from long-term exposure to PFAS chemicals.

The most common routes of exposure are ingestion (through water or food), inhalation, and skin contact. Numerous agencies have conducted environmental studies that detected PFAS in soil, water, and humans.

How Can I Determine If I’m Eligible for Compensation?

Here are two key points to consider if you’re eligible for AFFF compensation:

  • You had routine workplace exposure to AFFF products after 1960.
  • You have received a cancer diagnosis related to PFAS exposure.

If you believe you meet the criteria, we recommend you act now.

Waiting too long to file a lawsuit can be detrimental to your claim.

The statute of limitation varies by state. Consult an attorney promptly if you believe you have a case.

What Types of Damages Can I Seek In An AFFF Lawsuit?

In the AFFF firefighting foam injury lawsuit, you can seek several damages. These include both economic and non-economic compensation. Here are the main categories:

  1. Medical Expenses:
  2. Pain and Suffering/Emotional Distress
  3. Lost Wages
  4. Loss of Earning Ability
  5. Permanent Disability
  6. Loss of Enjoyment of Life
  7. Future Medical Expenses and Therapy Costs
  8. Other Qualifying and Punitive Damages

The settlement amounts in AFFF lawsuit cases vary significantly based on the individual factors of the case.

  • The Extent of Damage: The leading factor is the extent of your injuries. Compensation considers the impact on your health, medical expenses, and long-term health outlook.
  • The Evidence Presented: The completeness and strength of your supporting evidence will influence the compensation. There must be substantial evidence linking your injury to PFAS.

How Do Contingency Fees Work in AFFF Cases?

You get Chad Jones Zero-Risk Justice: You don’t pay any legal fees unless we resolve your case.

  • A contingency fee means our fee is contingent upon the case’s resolution.
  • Our fee is a percentage of your compensation through a settlement or court verdict.
  • You don’t owe any Chad Jones Law fees if there is no recovery.

The Benefits of Chad Jones Zero-Risk Justice:

  • Skin in the game. We put all our resources into working on your behalf.
  • Risk-Free. Contingency fees provide immediate access to legal representation without out-of-pocket expenses.
  • Access Compensation. Pursue compensation without personal financial limits.

You can learn more about our transparent fees during your free case evaluation.

How Do I File a Firefighter Foam Injury Lawsuit?

Firstly, it’s not too late to make your injury claim. The window of opportunity is limited. You must act now.

Gather all relevant evidence:

  • Medical Records: Document health issues related to PFAS exposure.
  • Proof of Exposure: Show direct or indirect exposure to AFFF.
  • Environmental Impact: Demonstrate the extent of AFFF contamination.

Remember that this information is not legal advice. We recommend you consult a board-certified attorney specializing in toxic exposure issues. Your AFFF lawsuit attorney can tailor guidance to your unique situation. 

Have you had harmful exposure to firefighting foam? Contact Chad Jones Law to guide your AFFF litigation. We can assess your case for free and with no obligation. We’ll give you the best course of action.

We can help you with your firefighter foam injury lawsuit to get the justice you deserve.