Firefighters used the AFFF to face and fight intense fires. It was quite effective and successful. Because of its efficiency, it was highly used. However, firefighters got concerned when they realized that the AFFF had some dangerous chemicals. These chemicals cause several health and environmental issues because of their dangerous nature. Those who used the chemicals took legal action against the manufacturer of the AFFF. This article is about understanding the AFFF lawsuit and the legal proceedings on the case.
What is AFFF?
The AFFF, also called Aqueous Film-Forming Foam, is a foam that is used by firefighters to control big fires. The AFFF creates a film over the fires that cools the flames. It was highly efficient, and hence so many different industries started using it, such as the military, airports, and those who dealt with flammable liquids. However, the PFAs in the AFFF caused a lot of worry to them. These chemicals take forever to degrade in the environment and the human body. It is a noted health and environmental concern and these chemicals are called forever chemicals for the same reason.
Health Implications of PFAS
PFAS are chemicals made by humans and they take a long time to degrade. Due to that aspect, these chemicals keep accumulating over time. This repeated and prolonged exposure to PFAS is causing various health scares, including:
- Kidney and testicular cancer
- Thyroid disease
- Liver damage
- Immune system suppression
- Developmental issues in infants and children
As these are serious health risks, it has prompted individuals as well as communities to seek legal recourse against the manufacturers and distributors of PFAS-containing AFFF. Keep reading as we discuss the same further ahead.
Overview of the AFFF Lawsuits
There are allegations against the manufacturers that they knowingly produced and sold these products that are laden with harmful PFAS. Not only that but they also then failed to inform and warn the users of the same.
That is the primary matter around which the litigation currently revolves and the plaintiffs, which include firefighters and residents near military bases or airports, claim that prolonged exposure to the product has caused them adverse health issues.
Recent Developments in AFFF Litigation
The following updates are as of March 2025. The AFFF multidistrict litigation (MDL) has seen significant activity:
1. Case Volume: The MDL has added over 8,400 cases, reflecting the widespread nature of the issue.
2. Bellwether Trials: These are preliminary trials. The outcome of these trials is going to be important for the cases that follow as these trials will guide potential settlement values and legal strategies.
3. Settlements: Companies like Carrier Global have agreed to substantial settlements and they have already resolved claims for $730 million in October 2024.
Projected Settlement Amounts
The settlement amounts concerning the AFFF lawsuits will depend on the severity of the health impact:
1. Tier 1 (Severe Cases): Individuals who are seriously affected and the long-term exposure to PFAs have caused serious health conditions, such as kidney or pancreatic cancer, may receive anywhere between $200,000 and $500,000.
2. Tier 2 (Moderate Cases): Those individuals who have health issues due to exposure to AFFF but aren’t as serious as tier 1, might expect settlements ranging from $150,000 to $280,000.
3. Tier 3 (Mild Cases): Individuals with minor health effects due to their exposure could gain compensation up to $75,000.
Timeline for Settlements
As this litigation is quite complex and ongoing, it will be challenging to predict the exact timelines for the settlement. However, some legal experts are positive that some AFFF lawsuits may reach settlements in this year itself. It all depends on how the bellwether trials progress as it will significantly influence the other cases.
Impact on Firefighters and Communities
As this product, the AFFF was designed to battle flames, the firefighters have had not only the most exposure but also had it for the longest duration. They had to use the product regularly during training and emergency responses. As per different studies, the levels of PFAS in the blood of these firefighters are alarmingly higher than that of the general population. This explains their health issues, largely due to the increased health risk. This explains their health issues, largely due to the increased health risk.
If that wasn’t enough, even the communities near the sites where AFFF was often used stand at risk. This risk is from exposure because these chemicals persist in the environment, affecting all the biomass in it.
Regulatory and Corporate Responses
As the evidence is mounting and legal pressure is building up, it has influenced certain developments like:
1. Corporate Actions: Companies that manufacture PFAS, like 3M, have admitted the health and environmental concerns about them. 3M has also announced that they will stop manufacturing PFAS by the end of 2025. This is a positive outcome as a result of the legal pressure.
2. Regulatory Measures: Governments are becoming aware of the hazards of PFAS and are practively initiating change. Some states in the U.S. have also initiated lawsuits against manufacturers for environmental contamination, like how Maryland sued W.L. Gore & Associates over pollution from PFAS.
Future Outlook
The future of the AFFF lawsuits looks promising due to several factors:
1. Environmental Cleanup: A necessary step to protect health was to clean the areas with long-term PFA contamination.
2. Health Monitoring: More long-term health studies will focus on understanding the effects of PFAs and managing their exposure and hazards.
3. Policy Development: The growing awareness and understanding of PFAs causes strict regulations to come that will change the way PFAs are manufactured and used.
Conclusion
The AFFF lawsuits highlight how important corporate responsibility, transparency and proactive regulatory measures can be to protect communities and public health from the hazards of the PFAs. Even though the product was saving lives on one end, it was at the same time ruining lives on the other in the long term. However, thanks to the growing awareness and the AFFF lawsuits that are ongoing, there will be a much-needed reform that will focus on curbing the use of PFAs and managing the effects and health risks from its long-term exposure.
