AFFF Lawsuit: Firefighting Foam Cancer
For decades, the manufacturers of AFFF (also known as firefighting foam) have used toxic chemicals, which scientific studies have linked to severe health problems, including various forms of cancer.
Expertise
Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys
Content written by Dan Wasserberg
- Expertise
Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys
Experienced Mesothelioma Attorney
What is the AFFF Lawsuit?
Quick Links
- Do I Qualify for the AFFF Foam Lawsuits?
- What Should I Do if I Have Been Exposed to AFFF?
- Fire Fighting Foam Health Effects
- What AFFF Firefighting Foam Lawyers Can Do for You
- What is the Average AFFF Lawsuit Settlement Amounts?
- AFFF Lawsuit Timeline
- Latest AFFF Lawsuit Update 2024
- AFFF Firefighting Foam FAQs
If you or a loved one were exposed to firefighting foam while on the job and have been recently diagnosed with cancer, you may be eligible for compensation through a class-action lawsuit. That may include reimbursement for medical bills, lost wages, and other damages if you qualify.
The firefighting foam attorneys of the Meirowitz & Wasserberg, LLP are available to represent new clients in the national AFFF class-action lawsuit.
Do I Qualify for the AFFF Foam Lawsuits?
We are currently evaluating new clients to represent in the national AFFF firefighting foam lawsuits. If you meet the following two criteria, you may be eligible to join the lawsuit:
Occupational Exposure to Firefighting Foam: You must have had regular or significant exposure to firefighting foam during your job. If you are a current or former firefighter, military member, or airport worker who worked with firefighting foam regularly, you might qualify.
Cancer Diagnosis: You must have been diagnosed with any of the following types of cancer after your exposure to firefighting foam:
- Prostate cancer
- Pancreatic cancer
- Testicular cancer
- Kidney cancer
- Breast cancer
- Bladder cancer
- Ovarian cancer
- Liver cancer
- Lymphoma
- Thyroid cancer
What Should I Do if I Have Been Exposed to AFFF?
If you or someone you love developed cancer after being exposed to firefighting foam, talking to a doctor about the potential health effects is critical. You should then contact one of our experienced firefighting foam lawyers at the Meirowitz & Wasserberg, LLP.
We offer free consultations to those who believe they may be eligible for compensation through a class-action lawsuit.
During your free case evaluation, we will:
- Help you understand your legal options
- Review your case and answer any questions you may have
- Discuss the possibility of joining the class-action lawsuit against firefighting foam manufacturers
There is no obligation to hire our firm after your consultation. If you decide to move forward with your case, we will work on a contingency fee basis. That means we only get paid if we win compensation for you.
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Fire Fighting Foam Health Effects
AFFF Exposure, PFAS Chemicals, & Human Health Effects
AFFF contains perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). Together, these artificial chemical compounds are known as Per- and Polyfluoroalkyl Substances (PFAS).
Because they don’t easily break down in the environment and the human body, PFAS are known as “forever chemicals.” Recent scientific studies have established PFAS in firefighting foam as a likely human carcinogen linked to various cancers. These include kidney cancer, testicular cancer, prostate cancer, and bladder cancer.
Who is at risk for PFAS exposure?
Firefighters and military personnel with occupational exposure to AFFF firefighting foam face the most significant risk for PFAS exposure. Wherever workers routinely used the foam, they could have received toxic exposure through skin contact, ingestion, or inhalation during firefighting.
Did you know?
“Exposure to high levels of certain PFAS may lead to adverse health outcomes.”
What can AFFF Firefighting Foam Lawyers Do for You?
Filing a successful AFFF lawsuit can be complex. Every case is unique, and our team of experienced lawyers can help you navigate the legal process and ensure that your rights are protected.
When you work with the Meirowitz & Wasserberg, LLP our team will:
- Gather evidence about your medical and occupational history linked to your exposure to toxic AFFF foam chemicals.
- File your paperwork to join the AFFF lawsuit
- Negotiate with the AFFF manufacturer on your behalf for the maximum possible settlement
- Fight for you in court, if necessary, to secure a verdict in your favor
Contact us today to schedule a free consultation with one of our AFFF firefighting foam lawyers. We will review your case and help you understand your legal options. Call us at (212) 897-1988 or fill out our online form.
There are statutes of limitations that apply to these cases — so it’s essential to act quickly.
What is the Average AFFF Lawsuit Settlement Amounts?
Because lawsuit settlements depend on various factors, it’s hard to assess the potential value of your firefighting foam case. For example, amounts may depend on the severity of injuries, the amount of AFFF exposure, the cost of medical expenses, and other-case specific details.
But based on prior mass tort cases, the settlement value of a valid toxic exposure claim could range anywhere from $200,000 to $600,000. Some settlement amounts could be higher.
AFFF Lawsuit Timeline
Aqueous film-forming foam, or AFFF, is a powerful fire suppressant used by firefighters to extinguish flammable liquid pool fires. AFFF contains artificial chemical compounds known as Per- and Polyfluoroalkyl Substances, or PFAS.
Recent scientific studies have revealed that PFAS in firefighting foam is a likely human carcinogen linked to kidney, testicular, prostate, and bladder cancers. Thus, those harmed by the product nationwide have taken legal action against AFFF’s manufacturers.
In 2018, a panel of federal judges consolidated all AFFF lawsuits against foam manufacturers under one multidistrict litigation, or MDL, and assigned it to the South Carolina Federal District Court and Judge Richard M. Gergel.
The suit names 25 companies as defendants, including prominent chemical manufacturers such as DuPont, 3M, and Tyco Fire Products. The original lawsuit had about 500 plaintiffs, a number which has risen steadily. As of August 15, 2023, there were 5,614 plaintiffs in the AFFF MDL.
These plaintiffs include cities and municipalities suing the defendants for compensation to clean up contaminated water. Some defendants, such as 3M and DuPont, have offered settlements to these public water providers, but as of August 2023, those settlements haven’t been finalized.
AFFF Lawsuit Update 2024
The AFFF lawsuit has had significant movement in 2023 and 2024. More plaintiffs have joined the MDL, and some companies offered settlements to cities and towns with water cleanup costs due to contamination with forever chemicals such as those found in AFFF. As of August, the court is primarily dealing with public water providers’ lawsuits against the AFFF manufacturers. Lawsuits filed by individuals are scheduled to start after the first state and municipal suits.
2024 Updates
2023 Updates
July 2024
There was a significant uptick in actions filed in the AFFF MDL from June to July. As of July 1, 9,198 cases were pending—an 11.22 percent increase since the beginning of June. The MDL is now the sixth-largest in the country. A hearing was held for several cases on July 25 in Portland, Maine.
After establishing a process to prepare a small group of lawsuits for trial in early 2025, the court selected nine cases in the AFFF MDL for bellwether trials. The cases involve Pennsylvania residents with kidney or testicular cancer and Colorado residents with thyroid cancer or ulcerative colitis.
May 2024
With 8,061 cases pending as of May 1, the AFFF MDL has seen a 4.2 percent increase in cases filed since April and is the eighth-largest MDL in the country. A panel hearing was held on May 30 in Salt Lake City, Utah, for several cases. AFFF lawyers are now focusing on six specific conditions: kidney cancer, testicular cancer, thyroid disease/hypothyroidism, ulcerative colitis, liver cancer, and thyroid cancer.
March 2024
With 7,170 active cases in the AFFF MDL, there has been a 2.5 percent uptick since February began. The litigation has begun to shift focus from water contamination cases to personal injury cases, as evidence has linked AFFF exposure to several types of cancer—particularly testicular and kidney cancers, which are expected to be the highest-value claims in the MDL.
January 2024
Attorney General William Tong filed lawsuits against 28 chemical manufacturers for contaminating Connecticut waters with toxic PFAS “Forever Chemicals,” specifically from firefighting foam known as AFFF. The suits aim to hold companies responsible for health risks and environmental damage caused by AFFF, demanding disposal of toxic chemicals, disclosure of research, and compensation for remediation costs. Charges include negligence and fraud, with the goal of recovering costs and imposing penalties for violations of state laws related to AFFF contamination. Governor Ned Lamont and state agencies support these actions, stressing the importance of holding corporations accountable for concealing dangers associated with AFFF.
October 2023
In the aftermath of the global settlement reached during the summer concerning water contamination cases, the subsequent month in the AFFF class action MDL has been relatively quiet. Notable updates include:
- Discovery Extension: The MDL Judge recently approved a mutual request to extend certain discovery deadlines, allowing both parties more time to prepare.
- Motions to Dismiss: Earlier in September, two insurance companies stepped forward, filing motions to dismiss the case citing a lack of jurisdiction. Their involvement and claims will be closely monitored as the proceedings continue.
August 2024
As of August 1, 2024, the AFFF MDL contains 9,525 cases, a 3.6 percent increase since July. The litigation is now the fifth-largest MDL in the country, according to data from the Judicial Panel on Multidistrict Litigation. A panel hearing for several cases has been set for September 26 in Nashville, Tennessee.
A recent study published by the University of Arizona suggests that drinking water contamination near a small town in Washington State likely resulted from a nearby Air Force base using firefighting foam. Researcher Dana M. Rowland found high levels of PFAS in the blood of residents around Airway Heights, Washington, linking it to undissolved aqueous film-forming foam that migrated from two nearby landfills used by Fairfield Air Force Base.
According to Rowland, there was no mechanism in place to filter the dissolved chemicals before they leached into groundwater. Even if filters were in place, they probably would not be able to prevent all PFAS water contamination from the landfills.
Massachusetts passed a new law banning the use of PFAS in protective firefighting gear and equipment. The law will prohibit all firefighting gear containing PFAS in the state by 2027.
June 2024
As of June 1, 2024, the AFFF MDL contains 8,270 cases, a 2.6 percent increase since the beginning of May. It is the seventh-largest MDL in the country, according to data from the Judicial Panel on Multidistrict Litigation.
April 2024
As of April 1, 2024, 7,738 cases are pending in the AFFF MDL—nearly an 8 percent increase since the start of March. The MDL is now the eighth-largest in the country.
February 2024
As of February 1, 2024, just under 6,994 cases are pending in the MDL, a 4.15 percent increase from the start of the year, solidifying the MDL’s place as the ninth-largest in the country.
November 2023
As November 2023 progresses, the momentum of the AFFF (Aqueous Film-Forming Foam) litigation takes a crucial step forward with the impending selection of plaintiffs for the bellwether discovery pool—a procedural hallmark that will set the tone for the resolution of numerous personal injury claims linked to AFFF exposure. In adherence to Case Management Order 26A, parties involved are currently on the cusp of exchanging their proposed lists of bellwether candidates by the stipulated deadline of November 14. This selection process, pivotal in its capacity to streamline and forecast the outcomes of complex litigation, will soon usher the chosen few into an intensive case-specific fact discovery phase. Following this phase, a select number of these scrutinized cases will forge the path as the initial examples in the bellwether trials projected for late the following year, setting precedent and potentially influencing the direction and outcomes of subsequent cases in this extensive legal battle.
August 2023
On August 16, Judge Gergel allowed defendant 3M and some plaintiffs more time to respond to a motion by 22 states to block a proposed $10.3 billion settlement with all public water providers. The states included in the motion argued that the settlement shouldn’t be binding on water providers who don’t yet know the extent of their water contamination or the cost of its cleanup.
The states opposing the settlement terms also expressed concern over an indemnity clause. They argue that its inclusion could affect future cancer patients’ lawsuits by shifting liability from 3M to water providers who did not opt out of the settlement.
If your loved one became ill or died from harmful chemical exposure, Meirowitz & Wasserberg, LLP, can help you by filing an AFFF personal injury or wrongful death lawsuit.
September 2023
As of September 2023, the multidistrict litigation (MDL) concerning Aqueous Film-Forming Foam (AFFF) lawsuits is experiencing substantial growth, now encompassing nearly 6,000 individual cases related to injuries stemming from AFFF exposure. Concurrently, municipalities have reached the cusp of a significant global settlement valued at over $10.3 billion, specifically addressing water contamination issues caused by AFFF products. This settlement is intended to cover the costs associated with cleaning up PFAS contamination in local water supplies, marking a noteworthy development in the ongoing legal proceedings. Municipalities are expressing relief and satisfaction with this agreement, as it shifts the financial responsibility from affected residents to the manufacturers of AFFF products.
June 2023
- A Minnesota Pollution Control Agency study estimated that it would cost the state between $14 billion and $28 billion over 20 years to remove and destroy PFAS from its water. This study highlights why so many cities and municipalities joined, and may still join, AFFF lawsuits.
- DuPont and its spinoff companies Chemours and Corteva agreed to a $1.185 billion settlement with almost 300 cities and towns faced with cleaning up water systems due to forever chemical contamination.
- 3M reached a tentative deal, including a $10.3 billion settlement to resolve multiple cases with cities and towns.
- Due to the settlement negotiations, the judge agreed to a joint motion to delay the first bellwether trial, City of Stuart, Fl. v. 3M Co. et al.
July 2023
A federal study showed a direct link between PFAS chemicals and testicular cancer in military personnel. Researchers from the National Cancer Institute and Uniformed Services University of the Health Sciences found that Air Force servicemembers with testicular cancer who served as firefighters had statistically significant elevated levels of PFAS in their bloodstream compared to those who were cancer-free.
Contact the award-winning attorneys at Meirowitz & Wasserberg, LLP, if you or a loved one were harmed by toxic forever chemicals. We are still accepting clients for AFFF lawsuits.
April 2023
- A court denied 3M’s request to move a New Hampshire case to a federal court. It rejected 3M’s claim that the harm to the state’s natural resources was due to military use of AFFF, thus making it a federal case.
- The U.S. Centers for Disease Control and Prevention formed the National Firefighter Registry for Cancer. It encouraged all firefighters to enroll to help track cancer among firefighters and analyze the data. The registry marks an important step, as it is an acknowledgment that firefighters face higher cancer risks than the general public due to exposure on the job.
May 2023
- The court denied a 3M motion to restrict evidence of its compliance with the Toxic Substances Control Act of 1976 and a subsequent settlement with the EPA.
- The EPA proposed acceptable limits on PFAS chemicals in drinking water. Defendants in the MDL objected to the admission of these proposed limits in the upcoming trial. Judge Gergel denied that motion to exclude the EPA’s recommendations because it explains PFAS toxicity and why plaintiffs had to remove it from drinking water.
- Kidde-Fenwal, one of the defendants in the AFFF lawsuit, declared bankruptcy and specifically noted the effect of the AFFF lawsuit. It also stated that proceeds from a potential sale could help potential AFFF creditors. Judge Gergel removed the company as a defendant, and the bankruptcy court will determine the next steps.
February 2023
The judge scheduled the first bellwether trial—City of Stuart v. 3M Co. et al.—for June 5. Bellwether trials are test cases where plaintiffs with facts and allegations similar to many others are tried first.
How the case plays out—such as the admission or exclusion of evidence, dismissal motions, arguments from both sides, and a settlement or verdict—is meant to inform future cases.
If a plaintiff wins a bellwether trial and receives damages, defendants may be more likely to try and settle with the remaining defendants and avoid the cost of litigation. If the defendant prevails, they may be less likely to settle other cases.
March 2023
On March 3, the Air Force became the first branch of the military to agree to stop using fire suppressants that contain PFAS chemicals. It cited the health of its servicemembers, their families, and community members as a reason for locking existing AFFF tanks and tagging them for removal.
January 2023
Several defendants asked the judge to exclude them from the first trial. They claimed the plaintiff’s scientific experts couldn’t prove the connection between the plaintiff’s health problems and their products. The judge later denied their motion for removal.
Do you or a family member potentially qualify for the litigation? If so, Meirowitz & Wasserberg, LLP, is still accepting clients for AFFF lawsuits.
We have decades of experience fighting for the rights of those exposed to toxic chemicals, and we can help you seek the compensation you deserve if you qualify for an AFFF foam cancer lawsuit. Fill out our online form or call us today at (212) 897-1988 to schedule your free consultation.
AFFF Firefighting Foam FAQs
Aqueous film forming foam, or AFFF, is a powerful fire suppressant used by firefighters to extinguish flammable liquid pool fires. The foam works by forming a barrier between the fire and the oxygen it requires to burn. Since the 1960s, it has been widely used by airport and military firefighters to put out jet fuel and petroleum fires.
There is mounting evidence that suggests exposure to aqueous film-forming foam (AFFF) may increase the risk of certain types of cancer.
AFFF firefighting foam contains several chemicals known as Per- and Polyfluoroalkyl Substances (PFAS). Various National Cancer Institute (NCI) studies have linked PFAS exposure to multiple adverse health effects, including kidney cancer, testicular cancer, ovarian and endometrial cancer, non-Hodgkin lymphoma, and thyroid disease. And the Centers for Disease Control (CDC) describes PFAS exposure as “linked to cancer and other health effects.”
While public awareness of the dangers of PFAS is at an all-time high, Congress has not yet passed legislation to designate PFAS as a hazardous substance. That move would direct the US Environmental Protection Agency (EPA) to prohibit its use in manufacturing.
The good news is several states have passed legislation limiting the use of firefighting foams containing PFAS. Meanwhile, the EPA has developed a “PFAS Strategic Roadmap.” It includes initiatives to expand public education on the dangers of PFAS, restrict their use, and clean up environmental contamination caused by them. The Department of Defense is also working to limit AFFF health risks through remediation of PFAS contamination on military bases and replacing firefighting foam with less dangerous chemicals.
According to the EPA, exposure to PFAS, a group of manufactured chemicals commonly contained in toxic firefighting foam, may be harmful to human health. PFAS can permeate groundwater and soil and have contaminated drinking water supplies in cities across the US.
Peer-reviewed scientific research has established that exposure to PFAS in high concentrations may lead to:
- Increased risk of certain cancers — including kidney cancer, prostate cancer, and testicular cancer
- Pregnancy complications and decreased fertility in women
- Developmental delays in children, including low birth weights
- Reduced immune system response
- Increased cholesterol levels and obesity risk
AVAILABLE 24/7
Get Your Free Case ReviewNotable Results
$200,000
Personal injury settlement
$235,000
Slip and fall injury
$675,000
Product liability injury
$555,000
Premises liability injury
Practice Areas
- New York Personal Injury
- New York Car Accidents
- New York Truck Accidents
- New York Motorcycle Accidents
- New York Bicycle Accidents
- New York Pedestrian Accidents
- New York Construction Accidents
- New York Slip & Falls
- New York Wrongful Death
- New York Mesothelioma
- New York Train Accident
- New York Burn Injury
Nancy, New York (NY)
