AFFF Lawsuit

AFFF and Associated Risks

AFFF firefighting foam is associated with numerous health risks. Some of the substances present in AFFF are linked to several severe health issues, including various cancers, immune disruptions, and developmental problems.

The Dangers of Firefighting Foam

While firefighting foams are an integral part of extinguishing fires involving flammable liquids such as oil and gasoline, their effectiveness comes with significant health risks. Due to the presence of per- and poly-fluoroalkyl substances (PFAS), these foams, particularly the aqueous film-forming foam (AFFF), can be hazardous to human health and the environment.

The main concern with AFFF stems from its chemical makeup, which includes PFAS, substances known for their persistence and bioaccumulation, which can lead to serious health issues. The dangers of PFAS have been noted and documented in multiple studies, including:

• "3 Firefighting Foams" by ITRC: Discusses the environmental and health impacts of firefighting foams, particularly those containing PFAS. It explains how these substances are highly persistent in the environment and pose significant health risks, leading to regulatory scrutiny and the need for foam alternatives. [1]
• "Per- and Polyfluoroalkyl Substances (PFAS)" by NTP: This study details the extensive health risks associated with PFAS, including cancer and immune system effects, and highlights the persistence of these chemicals in the environment and their widespread presence in consumer products. [2]
• "Per- and Polyfluoroalkyl Substance Toxicity and Human Health Review: Current State of Knowledge and Strategies for Informing Future Research": This comprehensive review outlines the toxicity of PFAS and their impact on human health, emphasizing the need for ongoing research to understand and mitigate these effects. [3]

Even though efforts are being made to find safer alternatives to AFFF, the widespread environmental persistence and significant health risks associated with PFAS mean that its impacts will continue to be a major concern for public health and safety for years to come.

Health Risks Associated With AFFF Firefighting Foam

As you can see, the repercussions of PFAS exposure through AFFF are both severe and extensive. Some of the most common health concerns triggered by PFAS include:

• Cancer: Extensive studies suggest a strong link between PFAS exposure and several types of cancer, including kidney and testicular cancer.
• Immune System Disruption: PFAS have been found to impact immune function, potentially reducing vaccine efficacy and increasing susceptibility to infectious diseases.
• Liver Damage: Exposure to PFAS can lead to liver toxicity, affecting its ability to function and detoxify the body properly.
• Thyroid Disease: PFAS exposure has been associated with changes in thyroid hormone levels, which can affect metabolism and overall health.
• Developmental Issues: There is evidence that PFAS exposure can affect growth, learning, and behavior in children.

If you or someone you know has been affected by exposure to firefighting foams, you can take legal action to seek compensation for damages and push for regulatory reforms to prevent further harm.

Your Legal Options

In order to streamline the handling of numerous similar cases, the AFFF firefighting foam lawsuits have been consolidated into an MDL centralized in the US District Court for the District of South Carolina. This MDL addresses claims that the foam, containing toxic PFAS chemicals, has led to various cancers and other health problems.

By joining the MDL, you can participate in collective pretrial proceedings, which might lead to a settlement or bellwether trials that could determine compensation for affected parties. Participating in an MDL can be more cost-effective and efficient, as it combines resources and efforts, leading to a more standardized process of litigation and potentially larger settlements.

On the other hand, you always have the option to file an individual lawsuit instead of joining the MDL and handling your case on your own. Filing alone can offer more control over legal decisions, the choice of attorney, and potentially a quicker resolution if your case does not need to wait for the broader outcomes of an MDL.

In either case, it is highly recommended that you consult with a legal professional who specializes in environmental or toxic tort law. They can provide detailed advice tailored to your specific situation, help you understand the legal landscape, and decide the best course of action based on the specifics of your exposure and associated health issues.

Filing an AFFF Lawsuit

Individuals seeking compensation and asserting their legal rights in an AFFF lawsuit must understand the eligibility criteria and the specific timeframe for taking legal action.

Eligibility

To be eligible for filing an AFFF lawsuit, individuals must meet specific criteria, which reflect the significant health risks associated with AFFF exposure:

• Direct Exposure: Individuals who have directly handled or used AFFF, particularly in occupational settings like firefighting, military, or industrial operations, are eligible.
• Residence Near Contamination: Those living near areas where AFFF was frequently used, leading to environmental contamination, may also be eligible for filing.
• Health Impact: Eligibility requires a diagnosis of specific health conditions linked to PFAS exposure, such as various types of cancer and other serious health issues.
• Evidence of Exposure: Documentation of exposure, such as employment or military service records, and medical records linking health issues to AFFF exposure, are crucial.
• Affected Family Members: Dependents or relatives of individuals who suffered severe health consequences from AFFF may also qualify to file claims.

If you are looking to file an AFFF lawsuit, you must understand these requirements, as they form the basis of any claim filed against the manufacturers and users of AFFF.

The Time Frame to File

The statute of limitations is a crucial aspect of AFFF lawsuits, as it sets the deadline by which affected individuals must legally assert their claims after recognizing health issues linked to AFFF exposure.

This timeframe varies across states, but it generally extends from one to six years. Therefore, taking action promptly within this period is essential to maintaining the right to seek compensation.

The differences in statutes across states mean that the deadline to file can significantly vary depending on when the plaintiff became aware of their health problems and their link to AFFF exposure. This variability underscores the importance of consulting with a legal expert who specializes in environmental or toxic tort law.

Such a lawyer can provide tailored advice based on the specific jurisdiction where the lawsuit is to be filed, helping to navigate the legal complexities effectively and ensure timely and proper handling of the lawsuit.

High-Risk Groups

While exposure to AFFF is a concern for many, there are certain populations, or high-risk groups, that are more likely to encounter these hazardous substances. These groups face greater exposure risks, including:

• Firefighters: As the primary users of firefighting foams during emergency responses and training exercises, firefighters are at a heightened risk of exposure. This includes both military and civilian firefighting personnel.
• Military Personnel: Especially those who are based or have served at installations where AFFF was routinely used for firefighting training and emergency responses. Military airports and naval ships often use AFFF for drills and actual fire emergencies.
• Airport Workers: Personnel working in areas of airports where firefighting training occurs or where AFFF is used in fire suppression systems are also at risk.
• Industrial Workers: Employees in industries such as oil refining, chemical production, and other sectors where AFFF might be used to combat flammable liquid fires.
• Residents Near Contaminated Sites: Individuals living near military bases, airports, or industrial sites where AFFF has been used extensively might experience environmental exposure due to PFAS contamination of local water sources and soils.

These individuals are the most likely plaintiffs in AFFF lawsuit claims, and they should consult with legal professionals specializing in environmental or toxic tort law to evaluate their cases and guide them through the legal process.

Military Bases with Known or Suspected PFAS Release

In the US, extensive research has revealed a significant presence of PFAS at numerous military sites due to the long-term use of AFFF firefighting foams. This issue spans across approximately 700 locations, including both operational bases and decommissioned sites.

The legacy of PFAS, compounds known for their durability and resistance to natural degradation, complicates environmental and health safety measures. These sites often struggle with PFAS infiltrating local water systems, posing risks to both military personnel and neighboring communities.

The Environmental Working Group and government reports have highlighted these challenges, pushing for robust federal action and accountability. Addressing the contamination involves complex remediation efforts, which are critical for reducing long-term health implications and environmental impacts.