AFFF lawsuits involving firefighting foam exposure are occurring nationwide, with plaintiffs linking their serious health issues to this toxic chemical.
Read on to learn about these lawsuits, what AFFF is, and how you can get help if you’ve been affected.
Fire extinguishers are necessary for any public building as they are a key safety measure in the event of a fire.
However, many AFFF foam fire extinguishers have now been found to contain toxic substances which have impacted the health of many.
These toxic substances are known as Per- and Polyfluoroalkyl substances (PFAS).
A rise in health complications related to PFAS due to AFFF exposure has led to various lawsuits in order to get justice for the victims and their families.
AFFF firefighting foam isn’t limited to the fire department, as it is also used in many types of training.
For example, the U.S. military has used this foam for many years, and it is also used in crash test training simulations.
This means that many people could have a claim in the AFFF lawsuit due to coming in contact with this toxic firefighting foam.
No, the AFFF lawsuit is not a class action lawsuit.
An AFFF Class action lawsuit status would require all plaintiffs to be similarly situated, which is not the case here.
Instead, the AFFF firefighting foam lawsuit is an MDL (Multidistrict Litigation).
In an MDL, the cases are not combined into one single lawsuit, but rather the discovery and other pretrial proceedings are coordinated by a single judge.
This helps to avoid duplicative work and conflicting rulings on pretrial matters.
As of September 2022, there are over 2,500 pending cases in the MDL AFFF lawsuit.
The docket is consolidated and includes claims that allege exposure to or pollution from PFAS-containing aqueous film-forming foam (AFFF).
Judge Richard Gergel of the United States District Court of South Carolina currently presides over the litigation.
In 2021, it was announced that three cases would go to trial in 2023 from the thousands of cases waiting to be resolved.
These bellwether cases all involve allegations that AFFF firefighting foam polluted drinking water sources statewide and led to health problems resulting from occupational exposure to firefighting foam.
Various AFFF manufacturers and suppliers might be held responsible for remediation costs.
Victims in the AFFF lawsuits are seeking compensation for their injuries, medical expenses, and other serious damages.
The lawsuits also seek to hold the manufacturers accountable for their actions and force them to change their practices with regard to aqueous film-forming foam.
AFFF (an acronym for aqueous film-forming foam) is a type of firefighting foam that is used to extinguish fires involving flammable liquids.
This type of foam was developed in the 1960s and has since become the most common type of suppression foam used by firefighters.
What’s more, AFFF firefighting foam was used for many years by the military and firefighters alike.
However, problems are arising based on mounting evidence that the chemicals in AFFF likely cause serious illnesses in exposed individuals, including cancer.
Aqueous film-forming foam is a synthetic fluorine-based surfactant that is mixed with water to create a thick foam.
However, this firefighting foam contains chemicals including:
Some of the chemicals in aqueous film-forming foam are known as forever chemicals, meaning they do not break down in the environment and can accumulate in the bodies of humans and animals.
This means that the health effects of exposure to these dangerous chemicals may not be immediately apparent but could develop over time.
AFFF firefighting foam works by creating a blanket of foam on the surface of the burning liquid, which smothers the fire and prevents it from spreading.
It does this by quickly cooling the burning liquid and creating a barrier between the oxygen in the air and the fuel.
AFFF firefighting foam is particularly effective at extinguishing fires involving flammable substances such as gasoline, oil, and alcohol. It is also effective at suppressing fires in Class A (combustible materials such as wood and paper) and Class B (flammable liquid) fires.
Yes, this firefighting foam is corrosive, so it has always been important to take measures to protect the skin and eyes when using it.
It is recommended to wear gloves, goggles, and a face shield when handling or using AFFF foam to avoid direct AFFF exposure.
AFFF is also used in aircraft fire extinguishment and can also ruin aircraft and their parts due to corrosion.
Even though AFFF has the same pH as water resources, they can be highly corrosive to sensitive equipment like circuit boards because the foam usually sticks around instead of flowing off.
PFAS chemicals are a group of manmade chemicals that includes perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as mentioned earlier.
PFOA and PFOS have been the most extensively produced and studied of these chemicals.
PFAS chemicals are used in a variety of everyday products, such as:
These chemicals are resistant to heat, water and oil, making them ideal for certain situations.
However, this resistance also means that PFAS do not decompose easily, and as a result, they can accumulate in the soil and water over time.
Further, there is evidence that exposure to PFAS can lead to adverse human health effects.
For example, humans are exposed to PFAS through these things:
No, not every firefighting foam contains PFAS.
For example, firefighting foam used for Class A fires, which are fueled by organic materials like wood or paper, does not typically contain PFAS.
That being said, some Class A foams may still have trace amounts of PFAS because they are often manufactured using the same equipment as Class B foams.
AFFF firefighting foams used for Class B and C fires, which are fueled by flammable liquids like gasoline or oil, often contain PFAS.
Due to the dangerous effects they can have, some manufacturers have reformulated their products to remove or greatly reduce the PFAS content.
AFFF firefighting foam lawyers are still speculating on the exact amount that each plaintiff may receive in their AFFF lawsuit settlements.
However, it’s safe to say that the AFFF firefighting foam settlement amounts will be very high.
This is because the injuries caused by these chemicals are very serious, including cancer and other illnesses.
By looking at previous MDLs, it’s possible to make some estimates on current AFFF firefighting foam lawsuit settlements.
Top-tier plaintiffs could receive around $200,000 and $500,000.
Second-tier plaintiffs could receive around $150,000 to $300,000, and third or lower tiers may receive $75,000 or less.
While AFFF has been necessary for firefighting purposes, especially in managing fuel fires, it seems the environmental and physical dangers outweigh the advantages.
The long-term health effects of exposure to these chemicals are now being taken into consideration, as well as the impact on the environment.
There is a movement to find more environmentally friendly ways to extinguish fires, and it seems that AFFF may soon be a thing of the past.
It’s hoped that these lawsuits will bring about a much-needed change in the way that AFFF is used and manufactured and that safer, more environmentally friendly products will be developed to take its place.
In the meantime, it’s important for those who have been exposed to AFFF to be aware of the potential health risks and to monitor their health closely.
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Yes, if your loved one died as a result of exposure to AFFF, you may be able to file a wrongful death claim against the manufacturer.
These claims involve seeking compensation for the death of a loved one due to the negligence or recklessness of another party.
You can expect different forms of compensation, such as medical and funeral expenses, loss of earnings and benefits, pain and suffering before death occurs, and loss of companionship.
The deceased’s closest relatives typically have the first right to compensation in a wrongful death claim.
Most often, this is the spouse, followed by the children if there is no existing spouse.
If the deceased did not have a spouse or children, their parents might be able to get compensation through a wrongful death claim, particularly if the deceased contributed to their parents’ support—financially or physically.
Yes, you can still file a claim and get involved in AFFF firefighting foam lawsuits even if you’re not a firefighter.
Although it’s true that firefighters may have had more direct AFFF exposure, many other people were also exposed to these harmful chemicals.
For example, AFFF was commonly used at military bases, airports, and factories.
Many claims in the firefighting foam lawsuit involve individuals who may have been exposed to AFFF through contaminated water etc., and subsequently developed cancer or other illnesses.
To make a valid claim in the AFFF foam lawsuit, plaintiffs will need proof that they developed one of the cancers linked to AFFF exposure, such as prostate cancer or kidney or testicular cancer, and that they were exposed to AFFF firefighting foam chemicals.
With an experienced attorney, you’ll need to collect occupation evidence of AFFF exposure, such as work history and work placements, etc.
Medical records of your cancer diagnosis, such as lab tests, imaging and medical bills, will also need to be collated.
The amount of compensation you’ll receive depends on a few factors, such as the extent of your AFFF foam exposure, your time of diagnosis and the severity of your illnesses.
If you think you were exposed to AFFF firefighting foam, you can use our chatbot for a free case evaluation.
Many cases in the AFFF lawsuit claim that AFFF manufacturers were aware of the dangers AFFF and the toxic chemicals posed, but they neglected to share this information to make a profit.
If manufacturers fail to disclose known risks of their products, they may be held liable for injuries or damages suffered by users of those products, and this is the case with the AFFF firefighting foam lawsuit.
The companies named in the AFFF lawsuits include:
The AFFF firefighting foam lawsuits are seeking various forms of compensation for the damages that have been caused by aqueous film-forming foam, and the companies involved are in the process of defending themselves against these lawsuits.
Yes, AFFF is still being used, but due to recent evidence resulting from the AFFF foam lawsuits, there has been a shift to reduce and eventually eliminate the use of AFFF firefighting foam.
The U.S. military has also been working to phase out the use of AFFF due to the health and environmental risks associated with the chemicals in the foam.
The AFFF firefighting foam lawsuit is still ongoing, and current regulations on AFFF usage vary from state to state.
However, certain guidelines outline ways for fire protection officials and government agencies to comply slightly more with environmental and groundwater experts’ suggestions.
Some of these guidelines state:
These guidelines don’t completely stop the use of AFFF – however, they do lower exposure to large amounts of PFAS while still keeping people and buildings safe during a fire.
There is no definitive answer to this question, as different jurisdictions have different regulations regarding the use of AFFF.
Some countries have banned the use of AFFF, while others have restricted its use.
Overall, the general consensus is that AFFF firefighting foam should only be used in cases where other fire suppression methods are not effective.
This widely used fire suppression foam has been confirmed by the U.S. Department of Defense to be a major source of environmental contamination from PFAS.
When AFFF is used to suppress a fire, the PFAS within the foam seeps into the environment and groundwater, contaminating anything in its path. So many states are reevaluating if they should allow AFFF, and some are taking measures to prohibit it.
The Department of Defense has even set a deadline of 2024 for military organizations using firefighting foam containing PFAS to switch products.
There are various alternatives available, some with different or lower PFAS content than traditional AFFF foams.
There are also several non-AFFF firefighting foam options available that don’t contain any PFAS, which are typically more expensive, but they don’t pose the same risks to human health and the environment.
A few of these non-AFFF firefighting foam alternatives include:
These products typically use a different fluorochemical called 6:2 Fluorotelomer alcohol, or C6 FTOH.
C6 FTOH is structurally similar to PFAS, but it’s not as persistent in the environment, and it doesn’t build up in the human body as PFAS does.
However, C6 FTOH can still contaminate drinking water if it’s not used properly.
Firefighting foams containing C8 (a fluorosurfactant with a carbon chain length of eight) have begun to face legislation and regulation because the Environmental Protection Agency (EPA) has discovered that longer fluorosurfactants’ chains – those above six carbons – contain PFAS.
However, Fluorosurfactants whose chains are shorter – at six or fewer carbons long- don’t pose the same risks.
Fluorine-free foam is a manmade alternative to traditional foams used for fire suppression.
It contains surfactant blends and polysaccharides, which create a cooling blanket of bubbles when applied to fire fuels that prevent the spread of flames.
Unlike other options, the fluorine-free foam does not contain PFAS.
This gives it a clear environmental advantage, as it is less likely to contaminate its surroundings.
Dry chemical agents are another fire suppressant option, which uses a chemical powder to extinguish flames.
Pressurized dry chemical agents work by creating a barrier between the fuel and the oxygen in the air, starving the fire of its needed elements.
One advantage of dry chemical agents is that they can be used on different types of fires, including those involving combustible liquids and energized electrical equipment.
Another advantage is that they can be discharged through small orifices, making them effective in suppressing hard-to-reach fires.
Still, many dry chemical agents are considered hazardous, so they must be used with caution.
AFFF is most effective on Class B and Class C fires, which involve flammable liquids or gases.
This firefighting foam is often used for fuel fires, which are common in industrial and automotive settings.
Fuel fires can be especially difficult to extinguish because the fuel often continues to feed the fire even after the initial flames have been extinguished.
AFFF firefighting foam can help to quickly stifle these types of fires and prevent them from reigniting.
Both are foam-based extinguishers, but Film-forming Fluoroprotein (FFFP) foams are better suited for reigning in hydrocarbon liquid fires and are formed with protein foam technology.
FFFP foams can also be used unaspirated, which means they do not require a separate air supply.
The protein-based composition of the foam gives it a high resistance to heat, meaning it can quickly snuff out fires.
Additionally, the film formation properties help to rapidly knock down flames.
Film forming Fluoroprotein foams excel in high-risk situations where hydrocarbons (crude oil, aviation kerosene, gasoline, and diesel fuel) are stored or transported.
The rapid intervention vehicles at many airports and military bases use these products because they can quickly put out fires and provide postfire security with only a small amount of foam concentrate.
The PFAS found in AFFF is carcinogenic, which is why there is a link between firefighting foam, cancer, and other physical health issues.
Human exposure to these chemicals puts individuals at an increased risk of developing cancer later on, as the PFAS don’t deteriorate or leave the body easily.
In fact, these fire suppression chemicals can bind with proteins in the blood and stay in the body for years.
Then, they can gradually build up in tissue over time until cancers form.
As mentioned earlier, these chemicals in firefighting foam do not decompose and may take thousands of years to eliminate from groundwater and soil, according to research.
What’s more, when firefighters are exposed to AFFF foam, they can end up with high levels of fluorinated compounds in their blood, which has been linked to kidney and testicular cancer, as well as thyroid disease.
The PFAS in AFFF firefighting foam is associated with a range of cancers, including:
Unfortunately, AFFF exposure doesn’t just cause cancer.
It can also lead to fertility issues, liver damage, birth defects, and immune suppression.
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