AFFF Lawsuit
If you have been diagnosed with cancer or another serious illness after being exposed to AFFF in the military, you may be eligible to file an AFFF lawsuit against the manufacturers. Aqueous film-forming foam, or AFFF, is used to suppress fires caused by flammable liquids. The active ingredients, PFAS, or per- and polyfluoroalkyl substances, have been linked to various cancers and other serious illnesses. You may have been exposed to AFFF in military aircraft, hangars, Navy ships, and military bases during firefighting or training activities.
AFFF Lawsuit Updates
Individuals, state attorneys general, and municipal water authorities have filed thousands of AFFF lawsuits throughout the United States. These cases have been consolidated into a multidistrict litigation, or MDL. In an MDL, numerous cases with similar facts are transferred to a single federal court for coordinated pre-trial processes. Defendants and plaintiffs share scientific evidence and case discovery. The court establishes rules by which plaintiffs and defendants select a few test cases, called bellwether cases, to go to trial. The outcome of these trials guides the remaining cases.
In the AFFF MDL, the judge has organized the cases into two pools of bellwether cases—one involving municipal water providers and the other involving individuals. Municipal water providers are suing for the costs of cleaning up contaminated water, while individuals are suing for the harm caused by AFFF through direct exposure or water contamination.
Although the municipal water contamination bellwether cases have already been selected, they have yet to go to trial because many have settled. The plaintiffs and defendants are currently selecting bellwether cases for the individual lawsuits. See the timeline below for the most current status of the MDL and the chain of events since the cases were consolidated in 2018.
Timeline
The AFFF foam lawsuit is continuing to grow, with 9,198 actions currently pending in the MDL—an increase of over 900 since last month.
Reuters reports that a group of Connecticut firefighters has sued 16 companies, alleging their protective gear was contaminated with PFAS from AFFF firefighting foam. They allege that the chemicals were absorbed into their skin, an effect that was increased due to working in hot environments and sweating. The defendants include the manufacturers 3M and Dupont and the distributor Honeywell.
Currently, 8,270 cases are pending in the MDL, 209 more than in May.
The judge in the AFFF MDL has issued orders on how he will select the first individual personal injury bellwether cases. The court is dividing the personal injury plaintiffs into two groups. Group A will consist of three plaintiffs with kidney cancer and three with testicular cancer. Group B will be two plaintiffs with ulcerative colitis and three with thyroid disease.
As of today, the pending MDL has grown to 8,061 actions—up by 323 since last month.
Nearly 600 new cases have been added to the MDL since last month, bringing the total to 7,738.
The active cases in the MDL have grown to 7,170.
According to the Government Accountability Office, the U.S. Department of Defense has told Congress it will likely need to submit a waiver to extend the October 1, 2024, deadline for ending its use of AFFF to October 1, 2026. The department said the waiver is necessary due to the time it will take to transition its systems without compromising missions or safety.
The number of pending cases in the MDL is 6,994 cases in the MDL.
Connecticut Attorney General William Tong has filed two lawsuits against manufacturers, designers, marketers, and distributors of AFFF firefighting foam. The defendants in the first lawsuit are the largest AFFF manufacturers, including Dupont de Nemours Inc., Chemours Co., Corteva Inc., and 3M Co. The second complaint names over a hundred defendants, including those named in the first lawsuit. The state’s allegations include the following:
- Public nuisance
- Trespass on public lands and private drinking water wells through the encroachment of toxic substances
- Negligence
- Fraud and negligent misrepresentation
- Civil conspiracy
- Violations of the Connecticut Environmental Protection Act
- Discharge of materials into the waters of the state without a permit
- Pollution
- Willful deceptive trade practices
- Unfair trade practices
- Fraudulent business practices
Connecticut is seeking civil penalties, punitive damages, and thousands of dollars in daily fines.
There are 6,715 cases in the MDL.
Do I Qualify For the AFFF Lawsuit?
You may be eligible for compensation through the AFFF lawsuit if:
- You have been diagnosed with a health condition with a proven connection to AFFF
- You can prove you were exposed to the chemicals in AFFF directly or through contaminated water.
According to the EPA, the following diseases have been connected to AFFF:
- Prostate cancer
- Kidney cancer
- Testicular cancer
- Decreased fertility
- Developmental delays in children
- Reduced ability to fight infections
- Hormone disruption
- Increased cholesterol and obesity
Ulcerative colitis and thyroid disease may also be connected to AFFF exposure.
Statute of Limitations for AFFF Lawsuit
Every state has a time limit for filing civil lawsuits known as the statute of limitations. In most states, the statute of limitations in personal injury claims is two to three years from the date you were injured.
Most diseases connected to AFFF are latent, developing years or decades after the exposure. Most states have a discovery rule, which allows the clock on the statute of limitations to begin when you discover or should have discovered the injury. This is usually the diagnosis date.
AFFF falls under a specific area of personal injury law known as product liability law. The statute of limitations in product liability cases may vary from other personal injury cases, depending on where you live. It is important to speak with a knowledgeable attorney as soon as possible after you receive your diagnosis to ensure you don’t miss the filing deadline.
How to Join AFFF Lawsuit
If you have been diagnosed with an illness after being exposed to AFFF in the military, Veterans Guide can connect you to a reputable law firm that can do the following:
- Investigate your exposure to AFFF and identify the companies responsible for it.
- Gather evidence to connect your illness to your AFFF exposure.
- File your claim directly in the MDL.
- Negotiate with the AFFF companies for the highest settlement available.
- If the AFFF companies refuse to settle for fair compensation, take your case to trial.
Our award-winning attorneys have a proven track record with millions of dollars in successful case results. If you were exposed to AFFF during your military service, contact Veterans Guide today by using our online contact form or calling (888) 982-1009.
AFFF Frequently Asked Questions
What Are the Effects of AFFF?
AFFF has been linked to numerous cancers, including kidney, testicular, and prostate cancers. It has also been linked to thyroid disease, ulcerative colitis, and reduced immune function.
How Did the Military Use AFFF?
The military used AFFF to extinguish flammable liquid fires by smothering them. AFFF firefighting foam was mostly used where petroleum-based products were present, such as on aircraft and Navy ships. It was also used for firefighter training at military bases.
Which Military Sites Were Contaminated With AFFF?
The Environmental Working Group has found that 700 military installations may have been contaminated with PFAS, primarily from AFFF. Service members in all branches of the military were exposed. It found the highest concentration of PFAS at Joint Base Pearl Harbor-Hickam in Hawaii and the second highest concentration at Fort Stewart-Hunter Army Airfield.
Can You Also Get VA Disability for AFFF Exposure?
You may be able to receive VA disability benefits for AFFF exposure. While the VA does not list these as presumptive conditions, it will consider your claim if you can prove your condition is connected to exposure to AFFF during your service.
