Firefighting foam, or AFFF, is a common product used to extinguish fires by military and civilian firefighters across the United States. Compared to other tools, AFFF is the most effective way to deal with chemical fires and prevent damage to property and injuries. Unfortunately, new studies have established a link between exposure to the toxins in AFFF and various forms of cancer.

Product manufacturers are liable for manufacturing safe products and warning consumers of the potential risks associated with their products. For this reason, thousands of lawsuits have been filed against 3M, DuPont, and other AFFF manufacturers. The lawsuits allege that the companies ignored the risk associated with their product and continued its production and marketing.

If you or a loved one has been diagnosed with pancreatic, bladder, liver, blood cancer, or any other conditions resulting from AFFF exposure, you should consider filing a lawsuit. While you can still file an independent lawsuit, many individual lawsuits have been consolidated to form a class action lawsuit. Understanding how the lawsuits against the manufacturers of AFFF work can help you file a successful claim and recover compensation for the losses and damages caused by the product.

Overview of the AFFF Lawsuit

While aqueous film-forming foam has proven to be an effective chemical for extinguishing liquid fires, research has linked it to severe health complications. In firefighting foam, toxic components like perfluoroalkyl (PFOA) and polyfluoroalkyl (PFAS) make the chemical dangerous to humans. Scientists have linked exposure to AFFF to severe conditions like thyroid disease, liver damage, and cancer.

For this reason, many people who have fallen victim to AFFF exposure are filing lawsuits against firefighting foam manufacturers. A multidistrict litigation was formed on behalf of Lubbock, Texas, residents alleging water contamination with the toxins from AFFF. The lawsuit alleges that the contamination has spread to residential areas around the military base, causing severe health effects on the residents.

Defendants in an Aqueous Film-Forming Foam Lawsuit

The following AFFF manufacturers have been named in the lawsuits and multidistrict litigation for illnesses caused by the toxins in the chemical:

  • 3M.
  • Chemguard Inc.
  • Buckeye Fire Equipment.
  • Kidde PLC, Inc.
  • National Foam.
  • Dow DuPont, Inc.
  • Fire Services Plus Inc.
  • Tyco Fire Products.

In the lawsuits, the plaintiffs allege that:

  • The companies failed to design and manufacture a safe firefighting foam. Manufacturers of different products have the responsibility to ensure that all their products are safe for humans. This is by testing all the components of the product to ensure its safety. The lawsuits allege that the companies named in the lawsuit failed to perform their duty of care towards the firefighters and other individuals affected by the toxicity of their products.
  • The companies knew and ignored the risks associated with their product. In the lawsuits against 3M, DuPont, and other AFFF manufacturers, the plaintiffs sought compensation because the manufacturers knew of the damages caused by their product and ignored it. This is evident through the continued production and marketing of the chemicals. As early as 1950, 3M began testing with animals to determine the product's toxicity and did not stop production even after the findings.
  • Failure to warn. All the components of a product or chemical and their potential side effects should be indicated on the product during marketing. This allows consumers to make informed decisions when using the products. In the lawsuit against AFFF manufacturers, there are allegations that the companies failed to warn their consumers of the dangers associated with their firefighting foam.
  • Failure to issue safety precautions. AFFF manufacturers failed to issue safety precautions and protective equipment for people close to the chemicals.

Eligibility for an AFFF Lawsuit

You may qualify to file an AFFF lawsuit or join the lawsuit if you fall into the following categories:

  • You worked as a firefighter. Aqueous film-forming foam has been the most effective way to extinguish liquid fires for a long time. Municipal or civilian firefighters respond to emergency fires in the city and community. This results in direct exposure to the harmful chemicals in the firefighting foam. This increases the risk of developing cancer for these individuals.
  • Military firefighters. Military installations and bases require firefighting services to protect people and equipment. Due to the unique challenges of firefighting on military bases, military firefighters have more exposure than their municipal counterparts. The military accounts for most of the firefighting foam used in the past decade. For this reason, military firefighters may be entitled to a lawsuit after a cancer diagnosis.
  • Military personnel. Exposure to AFFF and its harmful components does not need to be direct. Living or working in areas where chemicals are used can equally predispose you to severe side effects. For this reason, military members could be exposed to the chemicals when used around their base.
  • Airport workers. The increased potential for fuel fires as planes take off or land creates a need for airport firefighting services. This puts the airport workers at risk of inhaling the chemicals.
  • AFFF transportation and disposal workers. A person can be exposed to AFF during its transportation and disposal. Therefore, truck drivers, specialty disposal teams, and clean-up crews may be entitled to compensation if diagnosed with cancer-related PFAS toxins.
  • Chemical plant workers. AFFF is commonly used for extinguishing chemical fires. Therefore, the product will be available for emergencies in chemical plants and storage facilities. Workers in these facilities are exposed to the chemicals and can develop different forms of cancer.

Proving your Lawsuit

Thousands of lawsuits are being filed against manufacturers of AFFF. When you file an independent lawsuit or join the ongoing class action against the firefighting foam, you must prove the following elements for a chance at compensation:

Prove Occupational Exposure

If your lawsuit is based on exposure to AFFF due to your occupation, you must present evidence to back the claims that your occupation resulted in the exposure. Your attorney will help you gather documents that show your employment history and present them to the court.

Proof of Diagnosis with Cancer or a Severe Health Condition

Individuals exposed to the toxic chemicals in AFFF may be dealing with severe health complications. When filing your lawsuit, you must gather and present evidence showing the condition that resulted from your exposure to firefighting foam. Common health risks of AFFF upon which your lawsuit could be based include:

  • Cancer. This is a group of malignant tissues resulting from abnormal cell growth. Common types of cancer associated with exposure to toxins include liver, bladder, and leukemia.
  • Developmental problems. Exposure to AFAS components for pregnant women can result in prenatal developmental issues.
  • Hormonal imbalances. PFOA and PFAS have been shown to interfere with hormonal production and balance in the body. This could result in severe reproductive health issues.
  • Liver damage. Accumulation of the toxins from AFFF in the liver can cause dysfunction and damage.

The Science Behind AFFF Lawsuits

Lawsuits against the manufacturers of AFFF are based on the fact that the chemicals in this firefighting foam cause different types of cancer. For a successful lawsuit and maximum compensation, the plaintiffs and their attorneys must come up with convincing explanations of the link between AFFF components and cancer.

The science behind these lawsuits involves studying the properties and behavior of PFAS and PFOA chemicals on the environment and animal and human populations. PFAS are highly resistant and remain in the environment long after their release. This could result in long-term water and soil contamination.

According to studies done by the International Agency for Research on Cancer, individuals with constant exposure to firefighting foam have an increased risk of developing prostate, breast, testicular, and kidney cancer. Additionally, the research showed that the perfluoroalkyl and polyfluoroalkyl compounds are carcinogenic.

Although the mechanisms by which AFFF causes cancer are still under research, scientists have suggested the following pathways as explanations and bases for the lawsuits:

  • Hormonal disruption. PFAs and PFOA chemicals have been shown to interfere with the endocrine system by altering hormonal levels in the body. When the body's production and regulation of hormones are disrupted, the cells could multiply abnormally, causing cancerous tumors. Common cancers resulting from hormonal imbalances include breast and prostate cancer.
  • Genotoxicity. Some studies on PFAS and its effects on the body have shown that the chemical component causes damage to the DNA sequence, which could result in mutations and increase the risk of developing cancer.
  • Increase in oxidative stress. Studies suggest that prolonged exposure to PFAS could cause oxidative stress in the body. This will result in damage to the cells and an increased likelihood of cancer.
  • Immune suppression. A person with compromised immunity is more likely to develop severe illnesses like cancer. PFAS and PFOA chemicals suppress your immunity, making it challenging for the body to fight the abnormal cell division, which leads to cancer.

While research has shown an obvious link between AFFF and severe health conditions, explaining it to the court could be challenging. When you file a lawsuit or join a class action against AFFF manufacturers, you can engage expert witnesses to help testify on the scientific link between firefighting foam and cancer. The experts in this case could be environmental scientists, epidemiologists, and toxicologists.

Pursuing a FireFighter Foam Settlement

If you have been diagnosed with cancer or another serious health condition following prolonged exposure to AFFF, you can seek compensation from the manufacturers of the products. You can pursue compensation through a lawsuit or joining the existing class action. The easiest way to navigate a settlement claim is by hiring expert legal guidance.

Your attorney will guide you through the following steps in filing a lawsuit:

  • Determine your eligibility for legal action. Not all cancers are caused by exposure to toxic chemicals. You will be eligible for compensation if you can prove your prolonged exposure to the toxins in firefighting foam.
  • Gather evidence to strengthen your lawsuit. You will need evidence to show your occupation and exposure for a successful lawsuit. Additionally, you can obtain medical records indicating your diagnosis and treatment journey.
  • File a claim within the allowed deadlines. There is always a statute of limitations for filing a product liability claim in each state. Filing a lawsuit after the statute of limitations has elapsed denies you the chance to recover compensation for your losses. Therefore, your lawyer can help you file the necessary documents before the deadline.
  • Negotiate a settlement. Most product liability cases will begin with out-of-court negotiations. This allows you to negotiate a settlement with the parties responsible for your injuries and losses. Unfortunately, most people will not want to offer compensation. You can take the case to court if a settlement is not reached.
  • Argue your case in trial. When you file a lawsuit with the court, the judge will determine the amount you deserve as compensation for your losses. However, your attorney can help present your evidence and argue your case before the judge for a favorable settlement.

Compensation in an AFFF Lawsuit

For decades, manufacturers of AFFF have claimed that the chemical is safe. Despite these claims, scientists have linked its components to cancer and other severe illnesses. Several lawsuits against these manufacturers have already resulted in settlements for the affected individuals. Many people seeking to file a lawsuit against AFFF manufacturers are concerned about the settlement amounts they stand to recover.

The following are some of the factors that could impact your settlement:

  • Level of exposure to PFAS. You can be exposed to the toxic components of AFFF by direct contact with the chemicals or by consuming foods and drinking water that is contaminated with the toxins. Firefighters who work directly with the carcinogenic chemicals are likely to have more exposure and, hence, can receive a higher settlement from the lawsuit.
  • Severity of your diagnosis. The seriousness of your diagnosis and the stage of the condition could impact your settlement significantly. Some types of cancer are more severe than others. Therefore, individuals diagnosed with a more serious condition will receive a larger settlement.
  • Cost of your current and future treatment expenses. Before filing a lawsuit, a victim of AFFF exposure must have sought medical care for their condition. The medical records help show the amount you have spent and the anticipated future costs of your treatment.

Your lawsuit against AFFF manufacturers may result in compensation for:

Medical Bills

The conditions associated with PFAS exposure that can devastate your health. Most of these conditions require extensive treatment with major and costly procedures like chemotherapy. These treatments will result in substantial medical bills. Cancer treatment may be an ongoing process. Therefore, your compensation for medical bills will cover current and future expenses.

Before receiving compensation for medical expenses, you may be required to present evidence of your illnesses and treatments. You can do this by obtaining your medical report. The report shows the extent of your illness and the amounts spent on your treatment and medications.

Lost Wages

While undergoing cancer treatment, you may be unable to go to work for weeks or even months. When you are away from work, you will lose your wages. This could be in monthly income, bonuses, overtime pay, or income from self-employment. In your lawsuit against manufacturers of AFAS-containing firefighting foam, you can recover the lost wages.

Proving the amounts you lose in wages will require you to present a letter from an employer. The letter details your daily work hours and the amount you earn. This can determine the amount you lost from the missed work days. Obtaining a lost wages letter is possible when you have steady employment. Alternatively, you can present your billing statement and tax return documents.

Pain and Suffering

Treatment for cancer and other conditions caused by AFFF exposure may involve painful procedures. This will not only cause physical but also emotional and mental pain. Although pain cannot be equated to a dollar value, your settlement for the lawsuit may include compensation for this damage.

Loss of Enjoyment of Life

Some forms of cancer leave you with physical and emotional wounds that may make it challenging for you to enjoy your life. Your loss of enjoyment of life can be proven through testimony from family and friends who knew you before the injuries.

Find AFFF Lawsuit Attorney

Over the years, military personnel and firefighters have used Aqueous Film-Forming Foam to contain fires caused by flammable liquids. AFFF is the most effective fire-extinguishing chemical, and it works by cutting off the oxygen supply to the fire. Even with the numerous benefits that AFFF offers in preventing extensive fire damage, research has shown that the chemical contains toxic chemicals that cause serious illnesses.

This firefighting foam's PFAS and PFOA components have been shown to interfere with cell metabolism and division, resulting in different types of cancer. If you have been diagnosed with cancer after exposure to AFFF through direct contact with soil or water, you are entitled to compensation. You can recover compensation by filing a lawsuit or joining a class action against the product manufacturers who failed in their responsibility to manufacture safe products.

This gives your case the publicity and weight it needs for potential compensation. Dealing with a product liability lawsuit can be challenging, especially with the devastating impacts of AFFF exposure. At Consumer Alert Now, we will connect you with the expert legal teams you need to secure a favorable outcome for your lawsuit. Contact us at 800-511-0747 for a case review.