Cases With the Highest Value Claims in the AFFF Lawsuit: A Closer Look

The profession of firefighting comes with certain inherent risks, including carbon monoxide poisoning, severe burns, exertion and strain, etc. Firefighters also expose themselves to synthetic chemicals that may harm their health.

In some cases, the effects are not readily known and easily identified. This is what happened in the case of the Aqueous Film Forming Foam or Class B firefighting foam. For decades, military servicemen had used this foam to put out fast-spreading liquid-fuel fires.

At the time, they were unaware of the risks involved with prolonged direct exposure. In the early years of the 2000s, many from this field started developing cancer. By 2017, it was clear that the condition could be attributed to the Class B firefighting foam. That’s when hundreds of firemen filed a lawsuit in the Federal court.

In this article, we will discuss the lawsuit in detail, focusing on the cases expected to have the highest value claims.

One Half of the Litigation Settled

By 2018, the firefighting foam lawsuit had become a class-action multi-district litigation (MDL). Over the years, thousands of firefighters and military personnel have joined this litigation due to cancers of the bladder, kidney, testicles, etc.

However, these cases of personal injury are only one part of the lawsuit. TorHoerman Law states that besides personal injury cases, municipalities filed water contamination lawsuits. What was the reason behind these repercussions?

The chemicals used to prepare AFFF, called per- and polyfluoroalkyl substances (PFAS), were to blame. This is a group of over 12,000 synthetic chemicals sharing an unbreakable carbon-fluorine bond. The bond renders PFAS their low-viscosity feature, which helps extinguish fast-spreading fires.

These chemicals are carcinogenic to humans. Since they do not easily break down, it leads to the problem of bio-accumulation in the environment and the human body. In some cases, the half-life of these chemicals can last up to 35 years!

The United States District Court in the District of South Carolina took up the water contamination cases first. Last year, the City of Stuart vs. 3M Co. et al was chosen for the first-ever Bellwether trials. After several attempts to win, 3M finally surrendered by agreeing to a settlement of $10.3 billion.

This money will be used over 13 years to detect and remove PFAS from municipal water supply. From the looks of it, one-half of the litigation had been settled in 2023. The plaintiff’s counsel could deduce the average individual payouts for water contamination cases.

A Major Shift in Court Focus

Once the water contamination cases were settled, firefighters were hopeful that their personal injury lawsuits would be taken up next. Sadly, one major roadblock stood in their way. A separate class of water contamination cases for Telomere-based AFFF was pending.

These cases were different in the sense that Telomere-based AFFF had at least 30% less fluorine when compared to standard AFFF. Word began spreading that the court would take these up next, further dragging the timeline for personal injury cases.

Firefighters were upset because many were too advanced in age or frail from disease to fight a prolonged legal battle. Amidst the frustration, the court suddenly shifted its focus to the firefighter turnout gear. It was found that these professionals’ personal protective equipment (PPE) had harmful traces of PFAS.

This was due to the chemicals being oil and water-resistant. Wearing their gear daily for work meant that firefighters were constantly in contact with PFAS. Last month, the court started its investigation for turnout gear-specific cases and their link to injuries like cancer.

Causal Connection and the Future Course of the Lawsuit

Currently, there are around 7,000 personal injury lawsuits awaiting trial dates and settlements. In March 2024, the plaintiff’s side was pleased to notice that the court’s focus was also turning towards personal injury lawsuits.

As time has passed, more concrete evidence has linked exposure to Class B firefighting with several types of cancer. However, the causal connections have been the strongest for kidney and testicular cancers. This means firefighters with these two conditions have the greatest chance of securing high-value claims.

This will hold especially true in cases where a direct link between foam exposure and disease can be established. For instance – firefighters who served a majority of their term working at airports had the most risk of AFFF exposure.

Studies from time to time have backed up the claims of firefighters. These professionals are at a 9% higher risk of developing cancer when compared to the general public. Also, this condition is the second-leading cause of death among firemen in the US.

We are optimistic that since the court has directed its attention to personal injury cases at last, trials should be held soon. Will that happen this year itself? That seems unlikely because the court needs to pass a case management order, and both sides must prepare for trial. By next year, this litigation is expected to make substantial progress.