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Nebraska Firefighter Foam Lawsuit: Get the Right Attorney

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

In Nebraska, the impact of the firefighting foam lawsuits is becoming increasingly significant as more firefighters and residents file claims against AFFF manufacturers. These lawsuits stem from the hazardous effects of PFAS chemicals contained within the foam.

This article will detail the implications of these legal actions and provide a comprehensive overview of the steps potential claimants can take to seek rightful compensation.

If you or a loved one has been affected by firefighting foam exposure, Schmidt & Clark LLP stands ready to support you. As a firm with a distinguished reputation for advocating for plaintiffs, our primary commitment is to secure the justice and fair compensation that you are entitled to.

Firefighting Foam Cancer Lawsuit

According to the Division of Spill Prevention and Response, Aqueous Film Forming Foam (AFFF), is a firefighting foam specifically designed to put out fires effectively by forming a water-based film on the fuel [1]. This type of foam has been widely used in Nebraska, particularly in settings prone to flammable liquid fires, such as military bases and airports.

Nevertheless, doubts have been raised about AFFF’s safety. Manufacturers like 3M and Chemours, along with other companies that sold AFFF products, are now facing firefighting foam cancer lawsuits in Nebraska.

These lawsuits contend that exposure to AFFF is linked to various types of cancer, based on evidence suggesting health risks associated with PFAS chemicals present in AFFF.

Key Points from Lawsuits

The lawsuits against the manufacturers of AFFF in Nebraska have several key points:

  1. They allege that exposure to AFFF and the PFAS chemicals it contains is linked to various types of cancer
  2. The lawsuits assert that the manufacturers played a significant role in this public health crisis by failing to adequately test their products, design them safely, or warn consumers about their potential health risks
  3. Lastly, the lawsuits are seeking compensation for those affected by AFFF exposure to cover medical expenses, lost income, and pain and suffering

What Is AFFF?

AFFF is a firefighting foam extensively utilized in Nebraska, especially within military bases and airports. It’s designed to extinguish fires more effectively by creating a film of water over the fuel, which helps prevent the fuel from coming into contact with oxygen and reigniting.

However, the PFAS chemicals present in AFFF have been linked to significant health risks, leading to the current lawsuits.

Who Are The Defendants In AFFF Lawsuits in Nebraska?

The defendants in AFFF lawsuits in Nebraska are primarily the manufacturers of the foam, such as 3M and Chemours, who are facing legal action for their alleged negligence.

These companies, which have been involved in the production and sale of AFFF products, are accused of not sufficiently testing, safely designing, or warning about the potential health risks of their products, leading to plaintiffs’ exposure to hazardous PFAS chemicals and subsequent health complications.

According to the National Cancer Institute, substantial research suggests a connection between exposure to AFFF and the development of diverse types of cancer. This connection is primarily due to the presence of PFAS chemicals in the foam [2].

Possible sources of occupational exposure to PFAS include turnout gear, aqueous film-forming foam, and air and dust at both the fire scene and fire station. Preliminary discussion on PFAS includes definition, classification, and chemical structure. – National Library of Medicine.

PFAS, or per- and polyfluoroalkyl substances, are a group of artificial chemicals that have been used in various industries around the globe, including in the production of AFFF firefighting foam.

If you have been exposed to AFFF and are experiencing any symptoms or concerns, it is important to consult with a healthcare professional.

Does Firefighting Foam Contain PFAS?

According to the Department of Natural Resources, firefighting foam does contain PFAS. These chemicals are known for their ability to resist heat, water, and oil, making them ideal for use in firefighting foam. However, their environmental and health impacts are a significant concern [3].

PFAS chemicals, a type of dangerous chemicals, can contaminate groundwater. Because they don’t break down easily, they can accumulate in the environment and the human body, leading to significant health risks, including an increased risk of developing cancer.

Common Injuries Linked To Firefighting Foam PFA

Contact with AFFF and its contained PFAS chemicals has been associated with a variety of health problems, primarily different types of cancer. These include:

Studies have consistently shown an increased risk of these cancers in individuals exposed to PFAS chemicals, such as those found in AFFF.

This has led to numerous AFFF cancer lawsuits from individuals who developed cancer, specifically those diagnosed with these cancers who believe their illness was caused by exposure to AFFF.

Who Qualifies for the AFFF Lawsuit in Nebraska?

Individuals in Nebraska who have been diagnosed with specific types of cancer after coming into contact with AFFF qualify for the AFFF lawsuit in Nebraska. To make a claim, individuals must be able to provide proof of extended exposure to AFFF and a diagnosis of a qualifying type of cancer.

Certain professions, especially those involving the use of AFFF, are deemed high risk for exposure to PFAS chemicals. Some of the most at-risk groups include:

  • Firefighters, particularly those working at military bases and airports, due to the high use of AFFF in these settings
  • Military personnel
  • Workers in industries where AFFF is commonly used

How Do AFFF Lawsuits Work?

AFFF lawsuits work by holding manufacturers accountable for their role in the unfolding health crisis and by pursuing compensation for those affected. The complexity of these cases necessitates specialized AFFF attorneys who are well-versed in both the scientific and legal intricacies involved.

Such attorneys are responsible for the meticulous gathering of evidence, the strategic filing of legal actions, and the adept negotiation of settlements on behalf of their clients.

AFFF lawsuits can be individual lawsuits, where a single plaintiff sues a manufacturer, or they can be part of multi-district litigation (MDL), where multiple lawsuits with similar claims are consolidated.

In an MDL, each plaintiff retains their attorney and can receive an individual settlement, but the lawsuits are grouped for discovery and pretrial proceedings. This can streamline the process and lead to more consistent rulings.

Individual Lawsuits

Individual lawsuits, such as an AFFF firefighting foam lawsuit, can be filed against the manufacturers of AFFF by those whose exposure to the foam has harmed them. In these cases, plaintiffs may seek damages for medical expenses, lost work, and suffering.

Recently, there has been an increase in AFFF firefighting foam lawsuits, highlighting the growing concern surrounding this issue and the potential for a broader foam lawsuit.

To pursue an individual lawsuit, a plaintiff must be able to provide evidence of their exposure to AFFF and the harm they have suffered as a result. This often involves presenting medical records, employment history, and potentially expert witness testimony.

Multi-District Litigation (MDL)

In addition to individual lawsuits, AFFF lawsuits can also be consolidated into multi-district litigation (MDL). This is a legal process used to handle complex cases that involve multiple plaintiffs who have similar claims against the same defendants. The MDL process can streamline the litigation process and result in:

  • More efficient use of resources
  • More consistent rulings
  • Faster resolution of cases
  • Potential for higher settlement amounts
  • Increased bargaining power for plaintiffs

Overall, the MDL process can benefit all parties involved in AFFF lawsuits.

In the case of AFFF lawsuits, the MDL allows for individual compensation while consolidating similar cases for efficiency.

Firefighting Foam Cancer Lawsuits Settlement Amounts in Nebraska

The settlement sums in Nebraska’s firefighting foam cancer lawsuits can vary greatly. There have been several high-profile settlements in recent years, including a $17.5 million settlement in Wisconsin that covered property damage claims and compensation for plaintiffs with injuries such as kidney cancer and testicular cancer.

Currently, over 4,000 individual claimants have filed AFFF lawsuits as part of the ongoing MDL.

However, it’s important to note that the amount of any potential settlement will depend on a variety of factors, including the severity of the health issues caused by AFFF exposure and the strength of the evidence linking the exposure to the health issues.

As such, any potential claimants must consult with an experienced attorney who can help them assess their case and potential compensation.

Potential Compensation for Victims of Firefighting Foam Cancer Lawsuits in Nebraska

Those victimized by AFFF exposure who successfully lodge a lawsuit in Nebraska may qualify for substantial compensation. This compensation can cover a range of damages, including:

The exact amount of compensation will depend on a variety of factors, including the severity of the health issues caused by AFFF exposure and the strength of the evidence linking the exposure to the health issues.

Filing a Nebraska Firefighting Foam Cancer Lawsuit

Launching a firefighting foam cancer lawsuit in Nebraska involves several steps:

  1. Consult with a specialized lawyer who can evaluate the case and guide you through the legal process
  2. Gather necessary evidence, such as medical records, employment records, and potentially expert witness testimony
  3. Submit legal paperwork
  4. Proceed to trial if necessary
  5. It is important to consult with a lawyer who has experience in firefighting foam lawsuits, firefighting foam cancer lawsuits, and firefighting foam lawsuits to ensure the best possible outcome.

Types of Evidence To Present

When filing an AFFF lawsuit, it’s crucial to present strong evidence to support the claim. This can include:

  • Medical records that show a diagnosis of a qualifying cancer
  • Records of employment or other proof of exposure to AFFF
  • In some cases, expert witnesses may also be called upon to provide testimony on the link between AFFF exposure and cancer. These witnesses can include toxicologists, environmental scientists, and other experts in the field

Nebraska Statute of Limitation

In Nebraska, the statute of limitations for filing an AFFF lawsuit is set at 5 years. This specific duration is the legal time frame within which individuals must file their lawsuit to preserve their right to seek compensation. Potential claimants must act promptly and be aware of this time limit.

Failure to initiate legal action within this 5-year statute of limitations could lead to forfeiture of the right to claim damages, highlighting the importance of timely legal consultation and action.

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Have you or a loved one been injured or exposed to a toxic chemical at work or in the home that has caused a severe life-threatening side effect, illness, disease, or death?

Get Your Free Consultation From Nebraska Firefighting Foam Cancer Lawyers

Schmidt & Clark, LLP is here to offer support in critical times. If you or a family member has experienced injuries due to exposure to firefighting foam, don’t hesitate to contact us. Our team of AFFF lawyers is experienced in handling AFFF lawsuits and can provide a free evaluation of the victim’s employment history and AFFF usage.

You need to understand your legal rights and assess if you are eligible for a firefighting foam lawsuit. Our consultations are always free, and you will not face any charges unless we achieve a positive outcome in your case.

Contact Schmidt & Clark today for a thorough evaluation of your case related to firefighting foam. Let us be your reliable ally in navigating this challenging situation.

Reference:

  1. https://dec.alaska.gov/spar/csp/pfas/firefighting-foam
  2. https://dceg.cancer.gov/research/what-we-study/pfas
  3. https://dnr.wisconsin.gov/topic/PFAS/AFFF.html

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