Table Of Contents
- BREAKING: Firefighter Foam Lawsuit Updates
- Update: $17.5 Million Settlement Reached in Wisconsin Firefighting Foam Contamination Suit
- What is AFFF?
- AFFF Health Hazards
- Which Occupations Are at Risk of Toxic Chemicals?
- Key Milestones in AFFF History and Litigation
- Is Aqueous Film Forming Foam Still Used?
- How is AFFF Firefighting Foam Contaminating the Water?
- Are Lawsuits Being Filed?
- Have There Been Any Settlements?
- Holding Firefighting Foam Manufacturers Accountable
- Filing an AFFF Lawsuit
- FAQs
- Get a Free Firefighting Foam Lawsuit Evaluation With Our Lawyers
BREAKING: Firefighter Foam Lawsuit Updates
- $17.5M Wisconsin Settlement Just Announced
- Over 400 Military Sites Contaminated
- Cancer Risk for Firefighters Confirmed
AFFF (aqueous film-forming foam), a chemical-based firefighting foam used for decades, has come under intense scrutiny due to its alarming health risks.
Recent findings link prolonged exposure to PFOS and PFOA chemicals found in AFFF to severe health conditions, including kidney cancer, testicular cancer, and pancreatic cancer.
These revelations have prompted lawsuits against manufacturers, demanding accountability for the devastating impact on firefighters and others exposed to the foam.
Update: $17.5 Million Settlement Reached in Wisconsin Firefighting Foam Contamination Suit
Johnson Controls entity Tyco Fire Products LP has agreed to pay $17.5 million to resolve claims from hundreds of homeowners in Peshtigo, Wisconsin, that their water was contaminated by AFFF firefighting foam.
The award includes $15 million for property damage claims and $2.5 million for plaintiffs alleging injuries, including kidney cancer and testicular cancer.
The landmark case is just 1 of dozens moving forward as part of multidistrict litigation (MDL) in South Carolina federal court alleging harm from AFFF firefighting foam. The lawsuit is In Re Aqueous Film-Forming Foams Products Liability Litigation MDL 2873, Case Number 2:18-mn-02873.
What is AFFF?
Firefighters, including those stationed at military bases and airports, use a particular type of chemical-based foam to extinguish fires more effectively.
According to this 2021 study by the National Library of Medicine, specified that aqueous film-forming foam (AFFF) and many of these products are made with the toxic chemicals, PFOS and PFAS. PFOS and PFAS have been linked to various health conditions, including an elevated risk of cancer and stunted growth in children [1].
The Centers for Disease Control and Prevention (CDC), Environmental Protection Agency (EPA), and Environmental Working Group (EWG) have reported that aqueous film-forming foam may be associated with cancer.
Forever Chemicals’ in Over 500 N.J. Water Systems and Sources – More Than 1,000 Contamination Sites Nationwide – Stated David Andrews Ph.D., Senior Scientist from Enviromental Working Group
Many municipal fire departments have ceased using firefighting foam containing PFAS, but military bases throughout the country continue to use the AFFF firefighting foam.
Moreover, PFOS and PFAS in firefighting foam do not only affect those who handle it- these chemicals have been known to enter local groundwater and contaminate drinking water supplies that are accessible to those who live nearby.
How Does AFFF Firefighter Foam Work?
Water is heavier than most fuels, making it inefficient at stopping certain kinds of fires. When water is sprayed on a fuel fire, it can fall underneath the flames, start to boil, and spread the fire around instead of putting it out.
AFFF (firefighting foam), however, is lighter and acts as a blanket atop the fuel, cutting the fire off from the oxygen it needs to continue to burn, which smothers the fire.
What’s the Problem?
U.S. military personnel have been using firefighting foam for almost 60 years and firefighters at airports were required by the Federal Aviation Administration to use the foam until 2018. The Department of Defense identified over 400 military sites that are potentially exposed to firefighting foams.
In 2018, a federal inquiry determined that PFAS are more dangerous than previously reported and prompted revised recommendations for safe levels of exposure to the compounds.
Lawsuits have been filed against AFFF manufacturers for failing to warn users that exposure to the chemicals contained in firefighting foam could lead to various cancers.
As claimed by the State of New Jersey Department of Environmental Protection, the agency announced that New Jersey filed a lawsuit in May 2019 against companies for knowingly producing and selling toxic firefighting foam products in New Jersey for decades [2].
According to the lawsuit, which asserts both environmental and consumer fraud claims, corporations manufactured and sold AFFF products that contain PFOA and PFOS chemicals to firefighters even though they were aware of the health and environmental risks posed by these chemicals when they are released into the environment.
AFFF Health Hazards
1. Kidney Cancer
Studies indicate that individuals with the highest levels of PFAS in their blood are over twice as likely to develop kidney cancer compared to those with lower levels. The National Cancer Institute has reported increased rates of renal cell carcinoma among those with occupational exposure to PFAS.
2. Testicular Cancer
Research suggests a higher incidence of testicular cancer among populations exposed to PFAS, particularly in military and firefighting personnel. While specific rates are still being studied, a growing body of evidence indicates a significant correlation.
3. Pancreatic Cancer
Exposure to PFAS has been linked to an increased risk of pancreatic cancer, with studies showing that PFOA exposure can lead to changes in pancreatic tissue that promote cancer development. The exact incidence rates are still under investigation, but preliminary findings indicate a concerning trend.
Additional Health Risks
- Bladder Cancer: Elevated risk due to PFAS accumulation in the bladder, leading to cellular changes that may result in cancer.
- Breast Cancer: Some studies suggest a potential link between PFAS exposure and increased breast cancer risk, although more research is needed.
- Leukemia: Evidence indicates that PFAS exposure may be associated with higher rates of leukemia among firefighters.
- Lymphoma: Non-Hodgkin’s lymphoma has been noted as a potential risk for those exposed to PFAS, particularly in occupational settings.
- Neuroendocrine Tumors: Emerging studies suggest a possible connection between PFAS exposure and neuroendocrine tumors.
- Prostate Cancer: Research indicates an elevated risk for prostate cancer among men exposed to AFFF and other PFAS chemicals.
- Colorectal Cancer: Ingesting PFAS-contaminated water or food may contribute to colorectal cancer development.
The evidence linking AFFF exposure to various cancers and health risks underscores the urgent need for awareness and action among affected individuals, particularly firefighters and military personnel.
Which Occupations Are at Risk of Toxic Chemicals?
High Rish Occupations
- Active Firefighters
- Regularly use AFFF in emergency situations and training exercises, increasing exposure to harmful chemicals.
- Military Firefighters
- Utilized AFFF since the 1960s during firefighting operations on military bases, particularly in airfield environments.
- Airport Personnel
- Required to use AFFF for fire suppression until FAA regulations changed in 2018, exposing them to PFAS chemicals [3].
- Training Facility Staff
- Involved in training exercises that utilize AFFF, increasing their risk of exposure to toxic substances.
High-Risk Locations
- Military Bases (400+ identified)
- Numerous military installations have documented use of AFFF, contributing to environmental contamination and health risks for personnel and nearby communities.
- Airports
- Sites mandated by the FAA to use PFAS-containing foam until 2018, posing risks to airport workers and surrounding areas.
- Training Facilities
- Locations where firefighters undergo training with AFFF, leading to potential exposure through repeated use.
- Water Systems Near Usage Sites
- Communities near military bases and airports may face contamination of drinking water supplies from leaching PFAS chemicals, increasing health risks for residents.
The use of AFFF has raised significant health concerns due to its association with various cancers, particularly among those in high-risk occupations and locations.
Who Else May Be At Risk of AFFF Exposure?
Individuals who are not employed in any of these high-risk occupations may also be exposed to AFFF firefighting foam. Residents living in areas near firefighter foam use or disposal are also at risk of experiencing AFFF-related health effects.
AFFF exposure may also result from groundwater contamination or the contamination of municipal water supplies in areas that have been affected by firefighting foam.
Is Aqueous Film Forming Foam Still Used?
Unfortunately, toxic PFAS-based firefighting foam is still being used at various airports across the country, both for military and commercial use.
However, the Department of Defense is researching safe PFAS-free foam alternatives and has limited the use of AFFF to emergency responses.
How is AFFF Firefighting Foam Contaminating the Water?
Because PFAS can permeate groundwater and soil, they have contaminated drinking water in cities across the United States.
AFFF gets into the environment once the firefighting foam is discharged and released during use due to spills and leaks that occur in AFFF storage locations.
AFFF can contaminate the soil, surface water, and groundwater, and the residual materials can enter drain systems and discharge them to remote locations.
Are Lawsuits Being Filed?
Yes. A growing number of firefighters have filed lawsuits claiming that toxic chemicals in AFFF firefighting foam have caused them to develop cancer, according to 2021 court filings.
In addition to individual AFFF lawsuits filed by current and former firefighters, a Texas man filed a class action over toxic per- and polyfluoroalkyl substances (PFAS) as well as contamination from facilities that use AFFF in January 2021.
As of January 2021, there were more than 950 pending claims in multidistrict litigation in the South Carolina federal court under MDL-2873 IN RE: Aqueous Film-Forming Foams Products Liability Litigation. This number is up from 820 claims in DuPont’s annual report ending Dec. 31, 2020.
Injuries claimed in the lawsuits include breast cancer, ulcerative colitis, kidney cancer, pancreatic cancer, bladder cancer, kidney cysts, tumors, and other illnesses.
Lawsuits say defendant companies — including 3M, DuPont, and Chemours — knew that polyfluoroalkyl substances in its firefighting foam contained dangerous chemicals that could cause buildup in the body and result in adverse health effects.
In addition to individual injury lawsuits, several states have sued 3M and other AFFF manufacturers for PFAS contamination and the cost of AFFF cleanup.
Related: DuPont AFFF Lawsuit
Have There Been Any Settlements?
Key Recent Settlements: $17.5 Million Wisconsin Settlement
- $15 Million was allocated for property damage.
- $2.5 Million designated for personal injury claims.
Details of Pending MDL Cases
- The AFFF litigation is currently consolidated in a multidistrict litigation (MDL) in the U.S. District Court for the District of South Carolina, with approximately 9,576 cases pending as of January 2025.
- A bellwether trial is scheduled for October 2025, which may significantly influence settlement negotiations and outcomes for other plaintiffs.
Timeline for Future Settlements
- Legal experts anticipate that a global settlement could be reached by early 2025, as ongoing discussions and trials may prompt manufacturers to resolve claims to avoid costly litigation.
- A September 13, 2024 status conference will update the court’s plans regarding bellwether trials and potential settlement discussions.
Related: Firefighter Foam Settlements
What Compensation Could I Be Awarded?
Related Article: Aqueous Film Forming Foam Lawsuit Update
Holding Firefighting Foam Manufacturers Accountable
Filing an AFFF Firefighting Foam Lawsuit is one way to hold firefighting foam manufacturers accountable for failing to warn consumers about the product’s health risks.
The 3M Company, which manufactures and sells AFFF firefighting foam, is considered a responsible party for contaminated drinking water supplies near military bases at which the firefighting foam was used.
The company is currently facing multiple lawsuits in which the plaintiffs argue that 3M and the other defendants knew that AFFF posed significant risks to human health but continued to market the products anyway and failed to disclose the health risks.
Firefighting foam lawsuits from across the nation filed by people who developed cancer have been consolidated into one multi-district litigation in the District of South Carolina.
Tyco Fire Products, Chemguard, Buckeye Fire Equipment, and National Foam are also being sued for continuing to manufacture the product despite knowing about potential cancer risks related to exposure to AFFF.
Filing an AFFF Lawsuit
If you or a loved one developed cancer after being exposed to firefighting foam, you may be eligible to participate in a free firefighting foam lawsuit investigation.
If you qualify, you may be eligible to obtain compensation for your medical expenses, lost wages, pain and suffering, and other losses you suffered.
Suppose a class action lawsuit is the appropriate legal option. In that case, you may also be eligible to seek compensation on behalf of numerous others who have developed cancer as a result of exposure to AFFF firefighting foam.
By taking legal action against the responsible companies by filing a firefighting foam lawsuit, you can help hold them accountable for their role in this crisis.
Related Articles:
- Are PFAS in Bottled Water?
- How Do You Remove PFAS From Drinking Water?
- What Cancers are Linked to PFAS?
See the other related toxic tort lawsuits we’ve taken on.
FAQs
What Is the Issue With Firefighting Foam?
The issue with firefighting foam is that it contains PFAS, which can seep into groundwater and contaminate wells and drinking water supplies. This exposure poses health risks to firefighters and others who come into contact with the contaminated water.
Individuals who have been exposed to PFAS through firefighter foam, including firefighters, their families, and residents of affected areas, can file a lawsuit related to firefighter foam contamination if they have experienced health issues or property damage related to the contamination.
What Health Issues Are Associated With Exposure to PFAS From Firefighter Foam?
Health issues that are associated with exposure to PFAS from firefighter foam include cancer, liver damage, immune system suppression, and thyroid disease. Firefighters and communities near contaminated sites are particularly at risk.
How Can PFAS Contamination Occur From Firefighter Foam?
PFAS contamination can occur from fighter foam when it is used in training exercises or fire extinguishing efforts, as well as from spills and improper disposal. The chemicals can leach into the soil and groundwater, spreading to drinking water supplies.
Get a Free Firefighting Foam Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in AFFF Firefighting Foam Lawsuits. We are handling individual litigation nationwide and currently accepting new AFFF Lawsuits in all 50 states.
If you or a loved one was injured by AFFF exposure, you should contact our law firm immediately. You may be entitled to a settlement by filing a firefighting foam lawsuit and we can help.
References:
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8583519/
- https://www.nj.gov/dep/newsrel/2019/19_0514b.htm
- https://www.faa.gov/sites/faa.gov/files/FAA_Aircraft_F3_Transition_Plan_2023.pdf