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PFAS Lawsuit

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Per- and Polyfluorinated Substances (PFAS) lawsuits have become an important legal battleground, seeking accountability for environmental contamination and resulting health concerns associated with these “forever chemicals.” 

These lawsuits target the entities responsible for the widespread dissemination of these harmful chemicals, which pose significant health risks. With complex scientific evidence and legal standards at play, it is essential for affected communities and individuals to understand their rights and the litigation process. 

Keep reading to learn more about your potential toxic chemicals lawsuit, including who’s at risk, what kind of impacts these chemicals can have, and why skilled legal representation is critical.

What Are PFAS Lawsuits About?

Toxic PFAS suits are typically about holding manufacturers and other entities accountable for the production and distribution of per- and polyfluoroalkyl substances, which have contaminated drinking water. These forever chemicals are associated with a wide range of adverse health conditions, including cancer.

The litigation encompasses two primary types of legal claims:

Water Utilities Lawsuits: These are initiated by water utilities to recover costs incurred from cleaning up PFAS contamination in a local water supply, usually implicating manufacturers for negligence in allowing these substances to pollute the environment.

Personal Injury Claims: These are filed by individuals claiming that exposure to PFAS has resulted in serious health issues leading them to develop cancer, hormonal imbalances, and ulcerative colitis, among other adverse consequences on the human body.

The far-reaching implications of PFAS contamination have prompted a wave of legal actions, from both public entities and private citizens seeking justice for the significant public health impacts and environmental damages PFAS have caused.

What Is the Status of PFAS Lawsuits?

The status of PFAS claims is dynamic, with ongoing litigation across various fronts as individuals and classes seek recourse for contamination and related health issues.

Water Contamination Lawsuits

Water contamination lawsuits are pursuing reparation for PFAS infiltration into community water supplies, often pointing to negligent or unchecked industrial activities as the cause. These legal actions seek accountability from those companies responsible and financial compensation to remedy extensive pollution that impacts human health and local ecosystems. 

Plaintiffs include both private citizens affected by poor water quality and states looking to recover costs of addressing the widespread contaminations. Communities have faced everything from tainted drinking wells to compromised water sources.

AFFF Firefighting Foam Lawsuits

PFAS-containing AFFFs (Aqueous Film-Forming Foam), used primarily by military and civilian firefighters and fire training facilities for decades in fuel fire suppression, have led to extensive environmental pollution around areas of use. 

Veterans, firefighters, as well as nearby residents impacted by PFAS via contaminated groundwater or soil arising from training exercises are filing lawsuits.

Industrial Contamination Claims

These lawsuits focus on manufacturers that historically used PFAS in their production processes and, through improper disposal, contaminated the local environment. This category of litigation commonly implicates large industrial companies for polluting water or soil, affecting not just the immediate area but potentially downstream communities as well.

Is There a PFAS Class Action Lawsuit?

PFAS litigation is underway on both the class action and multidistrict litigation (MDL) fronts:

PFAS Class Action Lawsuit: These lawsuits involve groups of plaintiffs who have suffered similar harms suing as a group, or “class,” against one or more defendants. 

In these situations, plaintiffs allege that the companies knew or should have known about the harmful effects of PFAS, and action is taken collectively to seek damages for health consequences from exposure or reimbursement for water contamination cleanup.

MDL: PFAS litigation is also being handled through MDL suits. MDL suits are utilized where individual plaintiffs have cases involving common questions of fact. In this specific MDL, numerous cases are being collectively processed to improve efficiency and consistency in pre-trial proceedings—such as discovery—but the outcome will be determined on a case-by-case basis. 

PFAS Lawsuit Updates

The fight against PFAS contamination has reached an important moment. Here are some updates:

  • DuPont, Chemours Co., and Corteva Inc. agreed to a $1.185 billion settlement. This significant agreement stands as one step toward addressing the national concerns surrounding PFAS pollution.
  • 3M Co. will also pay up to $12.5 billion to settle lawsuits regarding PFAS and contaminated drinking water.
  • It’s important to note that this represents less than 10% of all plaintiffs tied up in litigation over these PFAS chemical substances nationwide.

In addition to those already involved in settlements, numerous other individuals continue their legal battles against various PFAS manufacturers of PFAS products.

Who Can File a PFAS Lawsuit?

Individuals who have endured health issues as a result of PFAS exposure, such as testicular cancer, prostate cancer, or ulcerative colitis, might have a valid claim for filing a lawsuit. 

Similarly, water authorities or districts dealing with PFAS contamination in the water supply may be eligible to seek compensation for remediation costs.

Property owners who have experienced a decrease in property value due to nearby PFAS contamination might also have grounds for filing a claim.

The Importance of Hiring Experienced PFAS Lawyers

Jonathan Rosenfeld Chicago Personal Injury Lawyer

Rosenfeld Injury Lawyers is at the forefront of handling PFAS-related claims, offering top-notch legal services. We’ve handled such cases before, and our team is equipped with the resources and knowledge to construct compelling cases linking PFAS exposure to negative health outcomes.

PFAS contamination cases are particularly challenging. These intricate lawsuits require extensive scientific knowledge, familiarity with environmental law, and the ability to maneuver through corporate defense strategies that aim to mitigate company responsibility.

One of the hardest things about PFAS litigation is proving a direct causal link between exposure and specific health ailments given these chemicals’ widespread use throughout history without causing adverse effects. 

PFAS Lawsuit Settlement Amounts

PFAS lawsuit settlement amounts can vary greatly, reflecting a wide array of factors including the degree of contamination and severity of health effects. 

Based on previous mass tort cases and outcomes of a similar nature, some individuals may receive tens of thousands, while others with more severe or demonstrable damages could receive millions as a result of the damage from these harmful chemicals. 

PFAS, or per- and polyfluoroalkyl substances, are a group of man-made synthetic chemicals found in a variety of consumer products due to their resistance to heat, water, and oil. PFAS has been widely used since the 1940s primarily because of these characteristics.

PFAS chemicals can be found across a broad range of applications due to their durability and resistance. They are present in numerous household items, including: 

  • Non-stick cookware (like Teflon)
  • Stain-resistant carpets and fabrics
  • Water-repellent clothing
  • Cosmetics

People may unknowingly encounter PFAS through several other common routes, such as:

  • Occupational Exposure: Jobs in firefighting or chemical manufacturing and processing hold a higher risk due to direct contact with substances containing PFAS, like PFAS-containing firefighting foam.
  • Contaminated Drinking Water: Drinking water contaminated by PFAS is one of the primary human exposure sources, especially in communities near industrial sites or military bases where these PFAS chemicals are prevalent.
  • Food Packaging: PFAS chemicals are included in a range of food packaging for their grease and water-resistant properties, and consuming foods that have been contained or wrapped with these treated materials could result in ingestion of these substances.
  • Environmental Contact: People can ingest contaminated soil or dust without even realizing it, making it critical to point out areas known to have high levels.   
  • Airborne Particles: Breathing air with PFAS present, potentially in areas where they’re manufactured or used, can also lead to health issues.

The health consequences of PFAS exposure span a broad spectrum, with scientific studies linking them to various issues:

  • Decreased fertility and adverse outcomes in pregnant women such as high blood pressure [1]
  • Low birth weight, accelerated puberty, and behavioral changes in children [1]
  • A correlation with certain cancers like prostate, kidney, and testicular cancer [1]
  • Compromised immune system function, including diminished vaccine efficacy [1]
  • Disruption of natural hormone functions [1]
  • Elevated cholesterol levels and a greater possibility of obesity [1]

Defendants in PFAS Lawsuits

3M and DuPont are the primary defendants in these lawsuits due to their significant roles in the development and production of these specific PFAS chemicals. 

However, as understanding of the pervasive nature of PFAS has grown, many other companies across diverse industries now face legal action. These include paper companies, refineries, cosmetics businesses, packaging producers, retailers, fast food chains, and more.

The United States government has also emerged as a defendant due to certain actions by its agencies. The Department of Defense specifically faces allegations that their extended use of PFAS-containing products—especially aerially applied firefighting foams—has caused persistent contamination of surrounding environments, including local water systems.

The Latest Regulations by the Environmental Protection Agency

The Environmental Protection Agency (EPA) has actively proposed and established regulations to address the environmental impact of PFAS chemicals. Here are some recent actions taken by the agency:

  • In February 2024, seeking to bolster waste management and remediation capabilities under the Resource Conservation Recovery Act (RCRA), the EPA mapped out two proposed rules centered around adding nine specific PFAS substances to RCRA’s hazardous constituents list; this would clarify their authority on mandated clean-up efforts. [2]
  • As of January 2024, advancements were made with three new validated methods being released for more accurately quantifying levels of PFAS in various environmental settings. [2]
  • To prevent the reintroduction of dormant PFAS into manufacture and processing, the EPA finalized a ruling halting companies from either starting or resuming production or use of 329 antiquated PFAS without comprehensive agency evaluation and approval based on potential risks. [2]
  • In October 2023, the agency solidified rules enhancing reporting requirements on PFAS under the Toxics Release Inventory (TRI). By getting rid of a previous exemption, they’re increasing facility-level disclosure on PFAS use, even for those chemicals that were previously below PFAS concentrations reporting thresholds. [2]

This proactive regulation by the EPA is instrumental in tracking and managing the spread of PFAS within our environment—a crucial step toward mitigating long-term health risks. For any questions or assistance with a PFAS-related claim, don’t hesitate to reach out to Rosenfeld Injury Lawyers. 

Contact an Experienced PFAS Lawsuit Attorney Today!

If you believe that your health problems are related to PFAS exposure, taking legal action may be the appropriate next step. An experienced PFAS lawsuit attorney from Rosenfeld Injury Lawyers understands the complexity of these cases. 

Our contingency fee framework means you only pay if we secure a settlement or win at trial—no upfront or out-of-pocket costs for legal fees. We’re committed to advocating for your rights and working to help you achieve the justice and compensation you deserve.

Don’t let PFAS exposure impact your life without fighting back. Contact Rosenfeld Injury Lawyers by reaching out online or calling (888) 424-5757.

Resources: [1] EPA, [2] EPA