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AFFF Lawsuit Lawyers

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Jonathan Rosenfeld

J.D

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Aqueous film forming foam (AFFF) exposure poses severe health risks, including a heightened risk of developing cancer. This is largely due to aqueous film forming foam containing per- and polyfluoroalkyl substances known as PFAS. 

If you or a loved one developed cancer or a serious disease after being exposed to aqueous film forming foam (AFFF), you could be entitled to file a firefoam lawsuit. 

At Rosenfeld Injury Lawyers, we are well-versed in the legal challenges surrounding AFFF firefighting foam cases, striving for the maximum compensation and support they rightfully deserve. 

Read on to learn more about AFFF firefighting foam lawsuits, how to file a firefighter cancer lawsuit, the statute of limitations regarding these cases, reasons to hire an AFFF cancer lawyer, and how much you can expect from an AFFF lawsuit.

Firefighting Foam Lawsuit Lawyer

What Is the AFFF Lawsuit About?

The AFFF firefighter foam lawsuit is about the injuries sustained as a result of exposure to PFAS found in AFFF firefighting foam. PFAS causes people to have an increased risk of cancer, including prostate cancer, thyroid cancer, kidney cancer, and testicular cancer. At the heart of AFFF civil litigation is the duty of care manufacturers owe to consumers. 

Plaintiffs in AFFF lawsuits contend this duty was breached when companies like 3M and DuPont did not provide sufficient warnings about the risks of using products containing PFAS. The firefighting foam lawsuit seeks to address this breach and compensate those harmed by AFFF.

AFFF Lawsuit Status

There were so many AFFF personal injury cases filed across the United States that the cases have been filed into an AFFF class action lawsuit known as multidistrict litigation (MDL) in the District of South Carolina.

This multidistrict litigation is ongoing, and a global settlement has not been reached. If you or a loved one has been injured by AFFF, there is still time to join the case and file your claim. Reach out to an AFFF lawyer to learn more about your next steps.

The AFFF firefighting foam MDL in South Carolina consolidated several federal AFFF lawsuits into an MDL so that discovery and early trial processes could be handled more efficiently. Many media outlets and other lawyers may refer to this MDL as an AFFF firefighting foam class action lawsuit. However, technically it is not a class action case but an AFFF MDL.

The cases involving AFFF and PFAS contamination have been growing since 2017. In January 2024, the judge overseeing the AFFF MDL ordered parties to start collecting evidence for the first bellwether AFFF trial involving individuals harmed by AFFF firefighting foam. 

  • In December 2023, the MDL judge allowed a delay of the trial in the case of the City of Stuart against 3M in one of the water contamination lawsuits. The City of Stuart case was set to become a test case. However, it appears the City of Stuart could settle with 3M privately, out of court. 
  • As of November 2023, there were 6,400 pending cases in the AFFF class action MDL, with about half of the pending cases being water contamination claims brought by local municipalities​.
  • In the summer of 2023, a significant number of the pending cases involving water contamination claims were settled by a global settlement deal earlier in the summer. Companies like 3M, DuPont, and others have reportedly agreed to pay $10.3 billion to resolve these claims.
  • In January 2023, the number of individual cases in the AFFF MDL increased after a new study demonstrated links between AFFF and cancer-related deaths. The first bellwether trial was scheduled to begin in May 2023. However, all municipality-related AFFF cancer lawsuits settled before trial.
  • In September 2022, the MDL judge rejected 3M’s government contractor defense in the AFFF firefighting foam lawsuits. 3M sought summary judgment claiming immunity from liability because it manufactured AFFF under a government contract. However, the court found the defense was not applicable as 3M had not disclosed information about the health risks associated with AFFF occupational foam exposure.
  • In March 2021, Several product liability lawsuits were filed claiming AFFF exposure led to various cancers. These included a man diagnosed with testicular cancer, a firefighter alleging cancer from firefighting foam exposure, and a man from Arizona claiming prostate cancer due to AFFF use during his service at the fire department.
  • In December 2018, the MDL was created and assigned to Judge Richard Gergel in the U.S. District Court for the District of South Carolina after a wave of AFFF lawsuits filed from 2017. This MDL includes claims from local governments about water supply contamination by PFAS and product liability cases alleging cancer due to firefighting foam exposure.
AFFF Foam Cancer Attorney: Resolving an AFFF Firefighting Foam Lawsuit

AFFF (Firefighting Foam) Lawsuit Deadline

The statute of limitations for any personal injury case is dictated by the jurisdiction where the case is filed, which varies from state to state. However, the main AFFF lawsuit is a federal case being tried as an MDL. 

This can make it more difficult to determine which statute of limitations applies in an AFFF lawsuit. It often takes many years, if not decades, to develop cancer after PFAS contamination. This is much longer than most statutes of limitations allow. 

Under the discovery rule, you may have some time after you have been diagnosed with cancer or another serious injury to take action. Just know that this time isn’t indefinite. The sooner you are able to take legal action, the better in terms of being able to file your claim. 

Who Can File an AFFF Lawsuit?

To file an AFFF lawsuit, you must be able to prove you were exposed to AFFF and you have been diagnosed with a medical condition related to being exposed to it. 

Most of the plaintiffs in AFFF lawsuits have regular occupational exposure to AFFF, which puts them at a higher risk of developing cancers related to it. However, you do not necessarily need to be a firefighter to make a claim. 

Generally, the plaintiffs in an AFFF case are:

  • Firefighters
  • Military firefighters
  • Other military personnel
  • People who live near sites that use AFFF, such as airports, military bases, and industrial sites

Firefighters, in particular, have an easier time when filing a firefighting foam lawsuit. There is a lot of government documentation showing firefighters are at a higher risk of developing cancers. In fact, the Firefighter Cancer Registry Act of 2018 was created as a way to monitor this correlation [1]. 

Several of the claims settled so far have been municipal water contamination lawsuits filed by local governments. PFAS water contamination causes health risks and is very expensive to treat. Several of the municipal water contamination claims filed have already been settled.

How to File an AFFF (Firefighting Foam) Cancer Lawsuit

To file an AFFF lawsuit, you generally need to follow these steps:

  • Schedule a free consultation with a law firm to discuss your firefighting foam lawsuit – The first step in filing an AFFF firefighting foam lawsuit is to determine whether you have a case. Simply developing cancer after potential PFAS exposure isn’t enough.
  • Gather evidence to support your claim – To win an AFFF lawsuit, you will need to prove you were exposed. This includes gathering evidence of your exposure, collecting health records, and, in some cases, getting expert testimony. 
  • File a complaint – Depending on the exact nature of your case, you may have the option to join the MDL and potentially receive compensation through a global settlement or file a separate AFFF lawsuit.
  • Determine the size of your request – It’s important to assess how large of a settlement you will need to pay your past and future expenses. Your lawyer can help you determine what a fair settlement would look like in your AFFF lawsuit. 
Firefighting foam attorneys: Exposure to PFAS and AFFF

How Our AFFF (Firefighting Foam) Lawyers Can Help

A firefighting foam lawyer from Rosenfeld Injury Lawyers can help you: 

  • File an AFFF firefighting foam lawsuit in the appropriate court while meeting any applicable deadlines
  • Avoid common mistakes and errors that can cause AFFF lawsuits to be dismissed
  • Build a strong case proveing how your exposure to aqueous film forming foam caused the development of cancer or another serious health condition
  • Negotiate the terms of potential settlements with the legal team of manufacturers and distributors 
  • Advocate for the highest award amounts possible for your case by using precedent to establish what is fair
  • Represent you in court, if necessary, in the event your AFFF lawsuit claim is denied

Is Hiring an AFFF (Firefighting Foam) Attorney Expensive?

Working with an AFFF lawsuit lawyer is not expensive. Our firefighting foam law firm works on a contingency fee basis. This means we don’t charge you anything out of pocket or upfront for our services in filing your AFFF foam lawsuit. 

Instead, we receive a set percentage of the settlement we help you secure. This way, you don’t have to pay anything to get started with your AFFF foam cancer lawsuit. You only have to pay for our services once we help you win your case.

There are different types of damages you can request and add to your settlement. These include economic and non-economic damages, as well as damages related to wrongful death. The types of damages available in your case will depend on the specific nature of your illness and who is filing the claim. 

Economic Damages

Economic damages typically relate to what you have already spent and what you will need to spend for your ongoing care. These include:

  • Medical expenses
  • Rehabilitation costs
  • Lost wages
  • Physical therapy
  • Occupational therapy
  • Skilled nursing services

Non-Economic Damages

Non-economic damages do not relate to a direct monetary loss. Instead, non-economic damages are usually determined based on calculations by the court. Common non-economic damages include:

  • Pain and suffering
  • Lost of income potential
  • Emotional distress
  • Disfigurement
  • Disability

Wrongful Death

In the event you are filing a wrongful death case on behalf of a spouse or parent who died from AFFF exposure, you could request compensation for:

  • Medical bills
  • Funeral expenses
  • Lost income
  • Pain and suffering
  • Loss of society
  • Emotional distress

There are a number of factors affecting the settlement amount in AFFF cancer cases. These include:

  • The type and severity of the injury – Some diagnoses, such as kidney and testicular cancer, may recover more compensation than more treatable conditions, such as thyroid disease.
  • The extent of your losses – Cases with bigger, more expensive losses are more likely to see larger settlements.
  • Having an aggressive lawyer  â€“ Having a lawyer who will push the case to seek maximum compensation could have a big impact on the size of your settlement, as they are less likely to accept unreasonably low offers.

With any AFFF cancer lawsuit, it makes sense to see what past cases have settled for. Most of the AFFF cases have not reached a settlement. However, here is a growing list of settlements reached for PFAS-related injuries:

  • DuPont was ordered to pay an Ohio family $50 million after a testicular cancer diagnosis related to PFAS [2].
  • The Village of Farmingdale received a settlement worth up to $5 million from DuPont, Chemours, Corteva, and 3M in its PFAS contamination lawsuit [3].

Most of the AFFF lawsuits are still pending, so it is unclear how much most AFFF settlements will be worth. Your AFFF attorney can give you a better idea of what to expect based on your condition, losses, and the amount of evidence you have to link to your exposure to AFFF.

Why Are People Filing Firefighting Foam (AFFF) Lawsuits?

There are two primary types of plaintiffs filing firefighting foam lawsuits. Municipal water companies and local governments are filing firefighting foam lawsuits because the toxic firefighting foam leaves behind chemicals known as PFAS in their water sources and local environments. 

PFAS contamination is expensive to remediate and poses health risks to their communities. These AFFF foam lawsuits aim to recover the money needed to remove these chemicals 

The other type of plaintiff filing an aqueous film forming foam lawsuit are individuals with occupational exposure who are at an increased risk of the dangers of AFFF exposure. In these AFFF lawsuits, plaintiffs are alleging their exposure to AFFF caused cancer or other serious health concerns. 

In both types of cases, the AFFF lawsuits allege the companies knew there were risks associated with these toxic chemicals and the AFFF manufacturers and distributors failed to warn them about the associated dangers of being exposed to AFFF.

 The firefighting foam lawsuits assert these companies are responsible for these health issues and for remediating AFFF-contaminated environments. 

Firefighting foam cancer attorney: Representing AFFF Firefighting Foam MDL Cases

AFFF stands for aqueous film forming foam used to fight flammable liquid fires by creating a specialized protective film that separates fuel and air. This successfully suppresses fires by depriving the fire of oxygen. It is used extensively in firefighting operations and in the military. 

However, AFFF contains PFAS chemicals. PFAS are also known as forever chemicals because they take a very long time to break down. Exposure to PFAS has been linked to both serious health and environmental problems, including different types of cancer and municipal water contamination cases. 

The Illinois Attorney General filed a lawsuit against 14 PFAS manufacturers, including AFFF manufacturers who allegedly knew about the dangers of AFFF for human and environmental health but didn’t advise their customers properly about the toxic chemicals [4]. 

This AFFF litigation seems well-founded, as there is mounting evidence the PFAS chemicals found in AFFF foam are dangerous. Some of the notable pieces of research on the dangers of PFAS chemicals on human health include:

  • The Endocrine Society notes how PFAS chemicals disrupt the endocrine system and are found in the water near military bases and firefighting training facilities.  [5]. It lists how PFAS causes reproductive harm, causes tumors and cancers, and harms liver and kidney function.
  • Research conducted in West Virginia linked these chemicals to testicular cancer, kidney cancer, ulcerative colitis, thyroid disease, and high cholesterol [6]
  • The Agency for Toxic Substances and Disease Registry published how high levels of PFAS exposure impact the immune system, cause the development of certain cancers, and damage the liver [7]
  • According to the Environmental Protection Agency, scientific studies show that PFAS contamination and exposure are linked to harmful health effects on humans [8]
  • Studies support the risk of occupational exposure to firefighting foam, as women firefighters in a study had higher levels of PFAS when compared with office workers [9]
  • There is the most evidence to support that PFAS causes both testicular cancer and kidney cancer [10]
  • In a study published in the Journal of Clinical Endocrinology & Metabolism, researchers found that PFAS have a substantial impact on human health, especially with regard to male infertility and testicular health [11]
  • Emerging research suggests that pregnant women exposed to PFAS are at an increased risk of thyroid cancer [12].

There are a number of companies that manufacture or distribute AFFF that have been listed as defendants in these cases:

  • 3M – 3M is one of the largest manufacturers of AFFF and is listed as a defendant in many different AFFF cases, as it has been a partner with the U.S. military for decades.
  • Arkema Inc. – Arkema Inc. is one of the companies listed in AFFF-related litigation, including in Delaware [13].
  • BASF Corp. – BASF Corp. is one of the companies listed in AFFF-related litigation, including in Delaware [13].
  • Carrier Global Corporation – Carrier acquired AFFF manufacturers National Foam and Angus Fire [14].
  • ChemDesign Inc – ChemDesign Inc. is one of the companies listed in AFFF-related litigation, including in Delaware [13].
  • Chemguard Inc – Chemguard develops and produces AFFF used for fire suppression [15].
  • Chemours – Chemours used to be a subsidiary of DuPont and is one of the primary producers of PFAS-based products like AFFF.
  • Chubb National Foam Incorporated – United Technologies purchased Chubb and merged with Kidde Fire Protection to create UTC Fire & Security [16].
  • Clariant Corporation – Clariant designed, manufactured, distributed, and/or sold fluorosurfactants used in AFFF products [17].
  • Corteva Inc. – Corteva has faced legal action from a variety of complaints, including lawsuits from the state of North Carolina [18].
  • DuPont – DuPont and its subsidiaries held a major market share of the AFFF market. Even though it separated from its main AFFF-producing subsidiary Chemours, it is still being held accountable for its role.
  • Dynax Corp. – Dynax is a global supplier of various fluorochemical foam stabilizers, including AFFF [13].
  • Kidde-Fenwal – Kidde-Fenwal is a subsidiary of Carrier Global Corp that filed for Chapter 11 bankruptcy protection in the “likely” event that the AFFF lawsuits exceed its capacity to pay settlements [19].
  • Tyco Fire Products – Tyco Fire Products is an AFFF manufacturer that has already had experience paying out a class action lawsuit about AFFF in the Town of Peshtigo, Wisconsin, which was settled for $17.5 million [20].
  • UTC Fire & Security Americas – UTC Fire & Security Americas has been listed in other AFFF cases, including a lawsuit from the State of Michigan [21].

AFFF foam is still being used in the United States due to its effectiveness. However, the U.S. Department of Defense has started looking for replacements and alternatives to firefighting foam utilizing PFAS and other toxic chemicals [22]. In its report, the Department of Defense plans to ban PFAS AFFF on all military installations as of October 1, 2024.

Additionally, the National Fire Protection Association issued its roadmap program to move away from firefighting foam containing PFAS [23]. It held workshops to help firefighters switch from fluorinated foam to safer technology and best practices for fighting Class B fires.

Contact Our Experienced AFFF Lawyers Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

If you have been exposed to AFFF and then developed cancer or another serious health condition related to exposure to PFAS, including occupational exposure, you could potentially file an AFFF lawsuit to recover compensation for your personal injury claims. We have helped other clients recover millions. There is no cost for our services until we win your case, as we work on a contingency fee basis.

Contact the AFFF exposure attorneys at Rosenfeld Injury Lawyers for a free case review by filling out our contact form or calling toll-free at (888) 424-5757. A member of our team is available 24/7 to answer your call and schedule your free consultation. 

Resources: [1] U.S. Congress, [2] Bloomberg Law, [3] Business Wire, [4] Office of the Illinois Attorney General, [5] Endocrine Society, [6] Science Panel, [7] ATSDR, [8] EPA, [9] Environmental Science and Technology, [10] Environmental Research, [11] JCEM, [12] National Cancer Institute, [13] Delaware Business Times, [14] Carrier, [15] Chemguard, [16] Firefighting Wiki, [17] State of Connecticut, [18] North Carolina DOJ, [19] Reuters, [20] Tyco, [21] State of Michigan, [22] U.S. DOD, [23] National Fire Protection Association, 

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

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Phone: (847) 835-8895
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