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Nevada Firefighter Foam Lawsuit: Get the Right Attorney

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

The Nevada firefighter foam lawsuit is a significant legal action tackling the serious health risks tied to AFFF, including cancer-causing PFAS exposure. This article cuts through the complexities to provide you with the essentials: who’s involved, what’s at stake, and the potential outcomes for those affected in Nevada.

If you or a loved one has been adversely affected by exposure to firefighting foam, Schmidt & Clark, LLP, stands by to support you. Recognized for our proficiency in championing the rights of plaintiffs, we are committed to ensuring that you receive the justice and compensation you are rightfully entitled to.

Firefighting Foam Cancer Lawsuit

Nevada’s firefighting foam cancer lawsuits are targeting heavyweights in the manufacturing industry, such as 3M and Tyco Fire Products. These companies are facing allegations of misrepresenting AFFF’s safety despite knowing the health risks associated with PFAS exposure.

The impact of AFFF is far-reaching, affecting not only the health of firefighters but also posing significant environmental risks. As a result, an AFFF lawsuit has been filed against these manufacturers.

These lawsuits aim not only to secure compensation for the overwhelming medical bills related to cancer treatments but also to ensure AFFF manufacturers answer for their part in the health crisis.

Key Points from Lawsuits

At the heart of these lawsuits is AFFF firefighting foam, a firefighting foam containing perfluoroalkyl and poly-fluoroalkyl substances (PFAS), which are known for their fire-extinguishing capabilities.

The issue deepens as exposure to PFAS, found in AFFF formulations, has been linked to cancer, reproductive and developmental harms, and reduced vaccine effectiveness.

What’s more, the prevalence of PFAS in the blood is a common issue among Americans, with even minimal exposure levels associated with significant health risks.

What Is AFFF?

According to the Division of Spill Prevention and Response, AFFF is an acronym for Aqueous Film Forming Foam, a type of firefighting foam designed to extinguish flammable liquid fires by creating a barrier between the fuel and the air [1].

Firefighters have widely used this foam due to its effectiveness in quickly suppressing intense blazes, particularly in scenarios involving oil or gasoline.

However, AFFF contains perfluoroalkyl and poly-fluoroalkyl substances (PFAS), also known as forever chemicals, which are toxic chemicals that have raised significant health and environmental concerns due to their persistence in the environment and the potential to cause adverse health effects, including cancer.

Who Are The Defendants In AFFF Lawsuits in Nevada?

The defendants in AFFF lawsuits in Nevada are major manufacturers like 3M and Tyco Fire Products, who are the primary targets due to their significant involvement with AFFF production.

Other key defendants embroiled in the litigation include DuPont, Chemours, and Buckeye Fire Production, all of whom are also facing serious scrutiny for their alleged roles in the controversy surrounding the use of toxic substances in firefighting foams.

Interestingly, one of the key legal arguments asserted by 3M, known as the government contractor defense, was rejected by the MDL judge. This development undermines one of 3 M’s key defenses and paves the way for more substantial claims against the company.

The mounting lawsuits correspond with an increasing body of evidence that links firefighting foam to cancer.

According to the National Cancer Institute, several major health organizations, such as the Environmental Protection Agency (EPA), and the Centers for Disease Control and Prevention (CDC) have acknowledged the potential of certain PFAS chemicals to increase cancer risk [2].

An array of cancers include kidney and testicular cancer, thyroid disease, ulcerative colitis, prostate, pancreatic, bladder, and liver cancers.

These are all potential health consequences faced by individuals with a history of PFAS exposure, particularly through AFFF. Firefighters, who are consistently in contact with these substances during drills and emergency responses, confront an elevated likelihood of encountering such serious health outcomes.

Does Firefighting Foam Contain PFAS?

According to the Division of Cancer Epidemiology & Genetics, firefighting foam does contain PFAS, and as a result, firefighters using AFFF have shown significantly elevated blood levels of PFHxS and PFOS. This indicates an increased risk of exposure to these harmful chemicals [3].

Occupational exposure of firefighters to carcinogenic chemicals may increase their risk of developing different types of cancer. PFAS is one of the major classes of carcinogenic chemicals that firefighters are exposed to as an occupational hazard – National Library of Medicine

The prolonged occupational exposure to AFFF, particularly among airport and military firefighters, is linked with a heightened risk of developing various cancers due to substances like PFOS and PFOA.

But it’s not just firefighters who are at risk. Airport personnel face specific risks due to the mandatory use of AFFF in compliance with federal regulations, which have historically included PFAS substances that contribute to cancer risk.

For example, firefighter Planck, stationed at McCarran National Airport, faced more frequent exposure to toxic AFFF without being warned of its harmful effects, highlighting the occupational risks specific to airport firefighters.

Common Injuries Linked To Firefighting Foam PFAS

The damage caused by firefighting foam PFAS is anything but trivial. AFFF has been linked to an increased risk of several types of cancer, including:

PFAS, the cancer-causing chemicals found in AFFF, are a type of toxic chemical associated with specific cancers in humans due to their toxic characteristics.

Those individuals who have had sustained exposure to PFAS chemicals in AFFF for an extended period are at the highest risk of developing associated cancers. This is because PFAS have a long lifespan in the body.

Medical experts use an analysis of medical records and scientific research to establish a causal relationship between AFFF exposure and health issues such as cancer.

Who Qualifies for the AFFF Lawsuit in Nevada?

Firefighters, military members, airport workers, and chemical plant workers with a high risk of AFFF exposure, as well as individuals living in or around contaminated areas, qualify for the AFFF lawsuit in Nevada.

Eligible plaintiffs typically include those with at least one year of occupational exposure to AFFF, a diagnosis of certain cancers like pancreatic, testicular, prostate, or kidney, or individuals who have been exposed through environmental contamination.

Those who meet the eligibility criteria may seek compensation for personal injuries, pain and suffering, and economic damages such as medical expenses, lost wages, and reduced earning capacity.

How Do AFFF Lawsuits Work?

AFFF lawsuits work by guiding plaintiffs through a series of steps, beginning with the filing of a complaint following case management orders that determine the appropriate jurisdiction.

The process involves identifying and naming the AFFF manufacturers as defendants and presenting evidence that links the plaintiff’s cancer diagnosis directly to PFAS chemical exposure from AFFF products.

Firefighting Foam Cancer Lawsuits Settlement Amounts in Nevada

The increasing number of AFFF firefighting foam lawsuits brings up the question of potential compensation victims might receive. Settlement amounts for individual claims may vary, with top-tier cases expected to receive $300,000 to $600,000 and second-tier possibly $75,000 or less. However, a comprehensive global settlement is anticipated no earlier than late 2024 or early 2025.

The future of AFFF lawsuit settlements may become clearer after the next Case Management Conference scheduled for March 1, 2024, with lawyers optimistic about settlement potential within that year.

Potential Compensation for Victims of Firefighting Foam Cancer Lawsuits in Nevada

A common query is, “What sort of compensation can victims anticipate?” Qualified victims in AFFF lawsuits seek financial compensation for injuries due to PFAS exposure, with settlement amounts influenced by factors such as the extent of exposure and the type of cancer diagnosed.

Damages awarded in AFFF lawsuits may include compensation for medical expenses, lost wages, pain and suffering, emotional distress, and other related costs.

Filing a Nevada Firefighting Foam Cancer Lawsuit

Choosing an AFFF lawyer is essential for those contemplating filing a lawsuit. Here are some qualities to look for in a good AFFF lawyer:

  • Well-versed in the intricacies and latest advancements in toxic firefighting foam litigation
  • Proven track record in similar cases
  • A firm grasp of scientific evidence

After all, it’s not just about winning a case but also about making sure you receive the compensation you deserve.

Types of Evidence To Present

Collecting proof plays a pivotal role in filing an AFFF lawsuit. Claimants must gather evidence from their medical and work histories to prove exposure and harm. This includes employment records, which are essential for plaintiffs to establish proof of exposure to AFFF if the exposure occurred in a work environment.

A map depicting the proximity of the claimant’s residence to AFFF manufacturing facilities can serve as evidence of exposure. Medical records critically establish the link between AFFF exposure and subsequent cancer diagnosis.

Nevada Statute of Limitation

When filing a lawsuit, timing is crucial due to the statute of limitations. In Nevada, the statute of limitations for filing an AFFF lawsuit is four years.

Most individuals who have developed cancer from AFFF exposure will fall within the statute of limitations if they contact an attorney soon. It’s crucial to act within this time frame to file your lawsuit.

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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 Nevada Firefighting Foam Cancer Lawyers

Schmidt & Clark, LLP stands ready to assist during these pivotal moments. Should you or a loved one suffer from injuries stemming from firefighting foam exposure, we encourage you to reach out. Our team is well-versed in such legal matters and will steer you through each step of the legal journey.

It’s essential to grasp your legal entitlements and determine your eligibility for a firefighting foam lawsuit. We offer complimentary consultations, and our policy ensures you incur no fees unless we secure a favorable verdict or settlement in your case.

Enlist the aid of Schmidt & Clark for an in-depth assessment of your firefighting foam-related case.

Reference:

  1. https://dec.alaska.gov/spar/csp/pfas/firefighting-foam
  2. https://www.cancer.org/cancer/risk-prevention/chemicals/teflon-and-perfluorooctanoic-acid-pfoa.html
  3. https://dceg.cancer.gov/research/what-we-study/pfas

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