Fighting for Justice: The AFFF Cancer Litigation

Published on
December 2, 2024
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In recent years, the Aqueous Film-Forming Foam (AFFF) or "firefighting foam" lawsuit has gained significant attention as firefighters and others exposed to per- and polyfluoroalkyl substances (PFAS) in firefighting foam seek justice for health issues allegedly caused by these chemicals. This complex litigation involves thousands of plaintiffs and multiple defendants, with far-reaching implications for firefighters, military personnel, and communities affected by PFAS contamination.

Background on AFFF and PFAS

AFFF has been widely used since the 1960s to combat fuel-based fires, particularly at airports, military bases, and in other high-risk settings. The foam contains PFAS, including PFOA and PFOS, which are known as "forever chemicals" due to their persistence in the environment and the human body. These chemicals have been linked to various types of cancer and other health issues.

Scope of the Litigation

As of November 2024, over 9,900 AFFF lawsuits are pending in the Multidistrict Litigation (MDL) consolidated in the U.S. District Court for the District of South Carolina, under Judge Richard M. Gergel. The cases involve both personal injury claims from individuals exposed to AFFF and water contamination claims from municipalities and water providers.

Key Developments

  1. Settlements: In June 2023, a $10.3 billion settlement was reached between U.S. public water systems and 3M. Additionally, The Chemours Company, DuPont de Nemours, and Corteva agreed to a $1.185 billion settlement to resolve PFAS-related drinking water claims.
  2. Bellwether Trials: Judge Gergel has selected nine cases to serve as personal injury bellwethers in the AFFF MDL, focusing on various health concerns blamed on AFFF exposure.
  3. Scientific Evidence: Recent studies have further solidified the link between PFAS exposure and cancer risk. For example, a study involving U.S. Air Force servicemen revealed a concerning link between exposure to PFOS and an increased risk of testicular cancer.
  4. Regulatory Actions: In response to research findings, several state laws took effect in 2023 that ban the addition of PFAS to products, limit PFAS in drinking water, and regulate the labeling and reporting of PFAS.

Types of Cancer Associated with AFFF Exposure

The lawsuit primarily focuses on several types of cancer that have been linked to AFFF exposure:

  1. Kidney cancer
  2. Testicular cancer
  3. Pancreatic cancer
  4. Prostate cancer
  5. Bladder cancer
  6. Liver cancer
  7. Thyroid cancer
  8. Leukemia
  9. Breast cancer
  10. Multiple myeloma
  11. Lymphoma

Additionally, other health conditions such as ulcerative colitis and thyroid disease are being considered in the litigation.

High-Risk Occupations

Certain professions are at a higher risk of AFFF exposure and related health issues:

Military Firefighters: The U.S. Navy and other branches of the military have used firefighting foam since the 1960s, even during training exercises.
Airport Firefighters: Until 2018, the Federal Airport Administration required airports to use PFAS-containing firefighting foam.
Civilian Firefighters: Regular exposure to AFFF during firefighting activities puts them at risk.

Scientific Evidence

Several studies have contributed to the growing body of evidence linking AFFF exposure to cancer:

  1. The NCI Prostate, Lung, Colorectal, and Ovarian Cancer Screening Trial indicated a more than twofold increased risk of renal cell carcinoma among those in the highest quartile of serum PFAS levels.
  2. A study published in Environmental Health Perspectives found a correlation between elevated PFAS levels and testicular cancer in Air Force servicemen.
  3. A 2023 study discussed the health risks associated with PFAS exposure, particularly highlighting the increased cancer risk in firefighters with elevated serum PFAS levels.
  4. A 2021 epidemiological meta-analysis examining various studies found a strong correlation between exposure to PFAS chemicals and developing cancer, with testicular and kidney cancer being the most common diagnoses.

Challenges in the Litigation

Proving Causation: One of the main challenges is establishing a direct link between AFFF exposure and specific cancer cases.
Multiple Defendants: The litigation involves numerous manufacturers, complicating the legal process.
Varying Exposure Levels: Different plaintiffs have varying levels of exposure, which can affect the strength of individual cases.
Ongoing Scientific Research: As new studies emerge, the understanding of PFAS health effects continues to evolve.

Future Outlook

As the litigation progresses, several key events are anticipated:

Bellwether Trials: The outcomes of the selected bellwether cases will likely influence future settlements and legal strategies.
Potential Global Settlements: As more evidence emerges and trials proceed, there may be pressure for global settlements to resolve the remaining cases.
Regulatory Changes: Increased awareness of PFAS risks may lead to stricter regulations on their use and disposal.
Continued Research: Ongoing studies will likely provide more insight into the long-term health effects of PFAS exposure.

Impact on Firefighters and Their Families

The AFFF lawsuit represents more than just a legal battle; it's a fight for the health and well-being of firefighters and their families. Many firefighters have dedicated decades of their lives to public service, only to face devastating cancer diagnoses potentially linked to their occupational exposure to AFFF. This litigation seeks not only compensation for affected individuals but also aims to bring about changes in firefighting practices and equipment to protect future generations of first responders.

Firefighter Foam Cancer Lawsuits

The AFFF Firefighter Foam Cancer Lawsuit represents a significant legal battle with far-reaching implications for public health, environmental policy, and corporate responsibility. As the litigation unfolds, it will likely continue to shape our understanding of the risks associated with PFAS exposure and influence future regulations and firefighting practices. For those potentially affected by AFFF exposure, staying informed about the latest developments and consulting with legal professionals may be crucial in navigating this complex issue.

The LitPRO Difference

As the AFFF litigation continues to evolve, having experienced and knowledgeable legal support is crucial. LitPRO LLC stands at the forefront of litigation support, offering unparalleled expertise in healthcare lien resolution in mass tort litigations. Our team of attorneys brings decades of experience in resolving all types of healthcare liens, including those related to complex cases like the AFFF lawsuit.
What sets LitPRO apart is our unique blend of legal expertise and insider industry knowledge. Many of our professionals have backgrounds with government contractors like Medicare and private lien clearinghouse companies, providing invaluable insights into the intricacies of lien resolution. This expertise, combined with our advanced data management capabilities and commitment to responsive client service, makes LitPRO an invaluable partner for law firms navigating the complexities of the AFFF litigation.
If you're a law firm representing firefighters or other individuals affected by AFFF exposure, don't navigate these challenging waters alone. Let LitPRO's expertise guide you towards optimal outcomes for your clients. Contact us today to learn how we can support your AFFF cases and ensure that your clients receive the compensation they deserve.