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Aqueous Film-Forming Foam (AFFF) Lawsuits

One of the fundamental human needs we downplay is access to clean drinking water. However, in the United States, this isn’t always the case. In several US states, especially densely inhabited areas, water supply might be tainted with hazardous substances. 

This pollution is probably due to poisonous AFFF foam — the type used by firefighters. It contaminates water supply and renders it unsafe to drink. There has been evidence connecting the foam’s ingredients to a higher chance of getting cancer.

Aqueous Film-Forming Foam (AFFF) Lawsuits

One of the fundamental human needs we downplay is access to clean drinking water. However, in the United States, this isn’t always the case. In several US states, especially densely inhabited areas, water supply might be tainted with hazardous substances. 

This pollution is probably due to poisonous AFFF foam — the type used by firefighters. It contaminates water supply and renders it unsafe to drink. There has been evidence connecting the foam’s ingredients to a higher chance of getting cancer.

According to some reports, the Aqueous Film-Forming Foam made its way into Peshtigo — Wisconsin’s water supply. 

However, AFFF manufacturers agreed to compensate the Wisconsin town residents $17.5 million in January 2021 for the harm the foam is said to have done.

Below, we take a look at AFFF, associated claims, and why hiring a lawyer is your best bet at receiving a fitting compensation.

Yearning to know more? Let’s dive in!

What Is Aqueous Film-Forming Foam (AFFF)?

Aqueous Film-Forming Foam, also known as AFFF, is a fire suppression foam commonly used by firefighters to aid fire suppression.

The United States Naval Research Laboratory (NRL) researched prospective fire control technologies in the early 1960s, leading to AFFF foam’s creation.

Currently, it’s used in many places across the US. For instance, Aqueous Film-Forming Foam was employed in June 2021 to extinguish a fire at a chemical facility in Northern Illinois.

AFFF is mostly used at oil refineries and airports where extremely flammable liquid hazards exist. Some other areas this fire suppression agent can be found include:

  • Chemical plants
  • Petrochemical stations
  • Flight operations areas
  • Military infrastructures
  • Roadside emergency response services
  • Combustibles processing and storage facilities
  • Merchant operations

How Does the Aqueous Film-Forming Foam Operate?

Aqueous Film-Forming Foam (AFFF) is a fire dispelling tool created for hazardous flammable liquid accidents. When used, it creates an “aqueous film” that stretches over the surface of the fire to put out the flame. 

The AFFF-formed aqueous film reduces the flammable liquid vapor, thereby eliminating fire threats. The foam in this fire fighting chemical, which keeps hot fuel from re-igniting, is the suppressant’s most crucial element.

The harmful water-based foam has a safer alternative: the protein-based option, the FFFP.

What Distinguishes the AFFF and FFFP?

The AFFF is an unnatural and water-based foam, while FFFP (Film-Forming FluoroProtein) is a protein-based foam using a natural protein as its foaming component. Although protein foams don’t react as quickly as AFFF and flow and disseminate slowly, they’re fundamentally more heat-resistant and long-lasting. 

Additionally, using these protein-based foams is safer.

Are There Links Between AFFF and Cancer?

AFFF foams are harmful, although they effectively put out fires. The Environmental Protection Agency (EPA) and some other organizations have declared that AFFF foam has negative effects on environmental safety and human health.

PFAS, also called per- and polyfluoroalkyl compounds, are fluorine-based chemicals found in AFFF. According to the EPA, PFAS are dangerous because they could spread through soil and groundwater. 

Also, they don’t dilute, degrade, or vanish over time.

PFAS are linked to cancer, thyroid and cardiovascular problems, liver damage, and several significant health problems.

In addition to AFFF, PFAS is used in typical items like stain-resistant furniture and carpets, paper packaging, nonstick cookware (Teflon), and more.

The issue of dangerous PFAS, especially those found in AFFF, has drawn the attention of notable authorities. 

The “Federal Aviation Administration Reauthorization Act,” approved by Congress in 2018, enables U.S. commercial airports and aircraft makers to choose not to use foams that contain PFAS. 

The FAA directed airports to restrict the use of AFFF in October 2021 due to the negatives it poses to humans and the environment.

Because of AFFF dangers, the Department of Defense has started investigating Aqueous Film-Forming Foam and looking for alternatives since PFAS contamination from firefighting foam was discovered at 700 locations. Thus, the reason for the investigation is clear as day.

Lawsuits Regarding Aqueous Film-Forming Foam (AFFF)

Individuals who suffered health issues after exposure to the harmful Aqueous Film-Forming Foam are filing AFFF lawsuits. Claims are now being filed by plaintiffs because reports confirm that lengthy AFFF exposure to AFFF compounds causes significant health issues like cancer.

For decades, chemical companies like 3M and DuPont have produced firefighting foam. 

According to the Department of Veterans Affairs, the Department of Defense has been using AFFF since the 1970s.

Civilian firefighters and military personnel use AFFF to manage complex fires, especially those stemming from liquid fuel. Aqueous Film-Forming Foam encompasses a fire, suffocating it and preventing it from rekindling.

AFFF contains dangerous chemicals, including PFAS, Perfluorooctanesulfonic Acid (PFOS), and Perfluorooctanoic Acid (PFOA). Based on research, these substances may accumulate within the body and cause significant sickness, including cancer.

As stated in the lawsuits, AFFF makers knew or ought to have known that PFAS in firefighting foam was toxic. However, the manufacturers failed to adequately warn individuals of the health dangers.

As seen on the Aqueous Film-Forming Foams (AFFF) Products Liability Litigation site:

Plaintiffs generally allege that aqueous film-forming foams (AFFFs) containing perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS), two types of PFAS, contaminated groundwater near various military bases, airports, and other industrial sites. The plaintiffs claim they suffered personal injuries, the necessity for professional care, property destruction, or other financial damages.”

AFFF Links to Cancer and Other Diseases

AFFF is called a carcinogen because it contains PFAS — a chemical known for increasing the cancer risks in humans and animals. 

Also, PFOA is categorized as a 2B carcinogen by the International Agency for Research on Cancer (IARC). Many cases filed against the producers of AFFF claim that the foam caused several people to get cancer.

The US Environmental Protection Agency claims PFAS are pervasive and don’t degrade in the environment. So, they can accumulate in the human body and create additional health issues.

Also, the Agency for Toxic Substances and Disease Registry reports that several researchers examined the links between these chemicals and human health. The agency also identified possible health consequences.

The following cancers and ailments are linked to PFAS in Aqueous Film-Forming Foam: 

  • Elevated cholesterol levels
  • A decline in infant birth weight
  • Autoimmune disorders
  • Preeclampsia in expecting mothers
  • Thyroid disease
  • Ulcerative colitis
  • Decreased vaccination antibody response, particularly in kids
  • Cancers of the testicles, kidneys, and other organs 
  • Liver problems

Has Anyone Filed a Case Involving AFFF Foam?

Upon PFAS exposure, several victims have filed legal claims. 

For instance, the 3M corporation, a notable producer of AFFF foam, is now the target of class actions claiming  that the entity was aware of the severe health dangers of Aqueous Film-Forming Foam but kept promoting the product.

Individuals are filing similar claims against other AFFF producers, including:

  • Chemguard
  • National Foam
  • Tyco Fire Products
  • Buckeye Fire Equipment.

Firefighter Files AFFF Bladder Cancer Lawsuit

  1. Firefighter Lon Holliday, Jr., filed a claim in September 2020 against 3M and several other businesses after he was diagnosed with bladder cancer, which he believes was brought on by AFFF.

    Holiday stated that during his career as a civilian and military firefighter, he frequently used AFFF for training and fire suppression.

    In his lawsuit, the company (DuPont) did research and tests in the 80s demonstrating that employees exposed to PFAS were more likely to develop cancer and other health problems. 

    Although they knew about this information, they kept it from the public and the government.

AFFF Manufacturers

3M was among the first few companies to produce and distribute AFFF. Since then, several other entities have started producing and marketing their distinctive AFFF variations. 

Many corporations are stated in lawsuits as defendants as firefighters may use several foam formats while on duty.

Manufacturers of AFFFs mentioned in lawsuits include:

  • 3M Company (Minnesota Mining And Manufacturing Company)
  • AGC Chemicals Americas Inc.
  • Amerex Corporation
  • Archroma Management, LLC
  • Arkema, Inc.
  • BASF Corporation
  • Buckeye Fire Equipment Company
  • Carrier Global Corporation;
  • Chemdesign Products, Inc.
  • Chemguard, Inc.
  • Chemicals, Inc.
  • Chemours Company F.C., LLC
  • Chubb Fire, Ltd.
  • Clariant Corp.
  • Corteva, Inc.
  • Deepwater Chemicals, Inc.
  • Du Pont De Nemours Inc. (formerly known as DowDuPont Inc.)
  • Dynax Corporation
  • E.I. Du Pont De Nemours And Companies
  • Fire Products G.P. Holding, LLC
  • Kidde-Fenwal, Inc.
  • Kidde Plc
  • Nation Ford Chemical Company
  • National Foam, Inc.
  • The Chemours Company
  • Tyco Fire Products L.P., (as successor-in-interest to The Ansul Company)
  • United Technologies Corporation
  • UTC Fire & Security Americas Corporation, Inc. (previously known as GE Interlogix, Inc.)

PFAS Lawsuits Agreements

These AFFF cases aren’t the first to put PFAS makers in legal peril. In February 2017, DuPont and Chemours agreed to pay $670.7 million to settle cases indicating the Washington Works plant based in Western Virginia had PFOA pollution that caused damage.

An extra $50 million was added in future liability payments for claims not covered by the settlement in compensation for the next five years. 

Furthermore, Johnson Controls reached an agreement to pay $17.5 million to resolve an AFFF class action involving 1,200 Wisconsin homes in January 2021. 

According to the residents, PFAS well poisoning in the Marinette/Peshtigo area exposed them to dangerous contaminants, reduced their home’s value, and caused ailments.

Who Has the Right to Sue?

Individuals exposed to AFFF and experienced adverse health issues may be qualified to bring a claim against Aqueous Film-Forming Foam manufacturers.

The danger of long-term PFAS exposure is significant for those who deal closely with AFFF, including military personnel, airport employees, firefighters (civilian and military), oil rig workers, chemical factory workers, and armed forces.

Groundwater, soil, and air contamination resulting from PFAS contribute to indirect exposure. 

Therefore, individuals residing close to military sites or other institutions that utilize a lot of AFFF are at risk for adverse health impacts.

What Is the Status of AFFF Lawsuits?

As stated on the District of South Carolina’s webpage, there are around 500 unresolved lawsuits in the South Carolina MDL. The court anticipates that they will add more cases nationwide to the Multidistrict Litigation.

However, many cases could be left unfiled since AFFF has existed for many years.

Revered Judge Richard M. Gergel nominated plaintiffs’ lawyers to the Plaintiff’s Executive Committee in March 2020. These cases are now under discovery and there are currently no scheduled trials.

Can You File a Lawsuit Against AFFF Manufacturers?

You might be eligible to pursue an AFFF foam lawsuit and receive fitting compensation if you or a loved one can identify and connect their cancers to the Aqueous Film-Forming Foam (AFFF) exposure.

A lawsuit can reduce the financial burden brought on by medical expenses, missed income, and other costs. However, it won’t be able to restore the life of a loved one diagnosed with cancer.

What Am I Entitled to Recover in an AFFF Lawsuit?

Financial damages, such as previous and prospective medical costs and lost revenues, may be covered by compensation. 

Nevertheless, non-economic damages for losses like emotional pain and suffering might be available. Note that the exact compensation you’ll receive depends on the specific details of your situation.

What Role Can a Lawyer Play in an AFFF Lawsuit?

By employing a lawyer, your chances of collecting fair compensation may increase. 

Besides negotiating with the defendant, an attorney will also come in handy for the following reasons:

  • Give you an overview of your rights
  • Help you file your claim before the statute of limitations on AFFF lawsuits in your state elapses
  • Contact the expert witnesses for evidence vital in building your claim
  • Litigate extensively in court (if negotiations for fair compensation fell through) to get you a positive verdict

File a AFFF Fire-fighting Foam Lawsuit and Get Compensation

Victims improve their chances of receiving appropriate compensation by hiring an attorney. With a top lawyer by your side, your chances of getting a settlement that fits your economic and non-economic losses are high. 

Although most people pick just about any attorney they come across, ensure you’re thorough when hiring one. We suggest going with legal firms with tons of positive online and offline reviews.

Another thing to consider is how you’d make payment. Most top attorneys charge hourly, meaning you’ll have to spend more. Rather than select an attorney seeking upfront payment, pick a legal practitioner or entity that operates on a contingency-fee basis. 

By going this route, you’ll only have to settle legal fees once you’ve received compensation.

See If You Can File

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