AFFF Lawsuit: Claims & Updates [June 2024]

The Air Force is replacing its AFFF stocks with a new fluorine-free formulation (F3) to eliminate PFAS in firefighting activities.

This initiative, part of a broader Defense Department effort, has allocated $8.55 million to purchase over 270,000 gallons of F3. The transition started with overseas installations and has now reached U.S. bases.

The AFFF lawsuit case count increased from 8,270 in June to 9,198.

In May, over 250 new cases were added to the AFFF firefighting foam class action MDL, slightly fewer than the number reported the month prior. The total number of pending cases in the MDL now stands at 8,270.

In Case Management Order No. 30, the court has established a detailed protocol for dismissing personal injury claims that did not meet the criteria in the AFFF class action lawsuit.

To dismiss entire cases, AFFF attorneys must file a notice of voluntary dismissal for member cases on the lead MDL docket and ensure the filing is spread to the respective member cases. Each notice can list up to 25 member cases and must indicate that dismissals are pursuant to Paragraph 6 of the Second Amended CMO 28. Additionally, a document listing the cases to be dismissed must be submitted to the Clerk’s office in specific formats.

The aqueous film-forming foam AFFF class action lawsuit now has over 8,000 pending cases. In the last 30 days, 323 new cases were added to the AFFF lawsuit multidistrict litigation (MDL), representing a slight decrease in the number of new AFFF firefighting foam lawsuit cases from the previous month.

Last summer saw a settlement deal addressing the water contamination issues, however the AFFF MDL continues to grow. In the past 30 days alone, 176 new cases have been added to the MDL, bringing the total to nearly 400 new cases since the beginning of the year.

The first round of bellwether trials in the AFFF lawsuit MDL will likely feature liver cancer and thyroid cancer cases as these are the 2 injuries that have the strongest causal link to AFFF exposure based on current research.

A South Carolina federal court has approved a settlement of $1.18 billion with companies that manufactured and sold firefighting foam products DuPont, Chemours, and Corteva to address the contamination of drinking water with PFAS chemicals. The success of this case can help expand the coverage of AFFF firefighting foam lawsuits beyond wrongful death and personal injury claims.

Washington and Hawaii are actively addressing AFFF contamination, with Washington launching a disposal initiative and Hawaii suing film forming foam AFFF manufacturers like 3M and DuPont for deceptive practices and environmental damage.

Concurrently, the AFFF lawsuit multidistrict litigation (MDL) is progressing, with the discovery process for bellwether trials underway and an increasing number of lawsuits reflecting the growing legal focus on AFFF-related health and environmental risks.

Hawaii’s Attorney General has sued 25 manufacturers of toxic firefighting foam containing harmful PFAS, seeking damages for environmental and health risks. This case joins a larger federal litigation involving companies like 3M, with upcoming bellwether trials to address numerous claims of PFAS-related health hazards and water contamination.

The AFFF fire fighting foam class action lawsuit, dealing with water contamination issues, has been marked by delays, highlighted by the death of three plaintiffs, as indicated by “Suggestion of Death” notices.

The AFFF firefighting foam lawsuits MDL has grown significantly, now encompassing 6,400 cases, half of which are settled municipal water contamination claims, with the remainder being individual personal injury claims.

A recent study set to appear in eBioMedicine, a Lancet journal, found that individuals with higher levels of a specific type of PFAS, termed linear perfluorooctanesulfonic acid (PFOS), have an increased likelihood of developing thyroid cancer.

Specifically, the study found that the chances of developing thyroid cancer rose by 56% for those with elevated concentrations of linear PFOS.

Judge Gergel took Alex Murdaugh’s guilty plea and might focus on scheduling AFFF firefighting foam personal injury bellwether trials.

Bellwether cases are set to involve four water utility lawsuits, with some major company claims paused; a trial schedule is anticipated for AFFF aqueous film-forming foam-related personal injury and wrongful death suits.

Judge Gergel asked AFFF firefighting foam lawyers to provide updates on significant litigation events; a related EPA Press Release emphasized the dangers of PFAS chemicals. Approximately 1,000 new cases were added to the AFFF firefighting foam MDL, bringing the total plaintiff count to 5,614.

A record 493 new cases were added to the AFFF firefighting foam MDL, increasing the total to over 5,000 pending cases; the breakdown between water contamination and cancer cases remains unknown. With DuPont and 3M settlements underway, the focus is anticipated to shift toward military and firefighter AFFF lawsuits.

The Plaintiff Leadership Committee and 3M requested a trial delay due to ongoing negotiations, with speculations surrounding a potential $10 billion offer by 3M to address municipality claims. Hopes rise for individual settlements for victims suffering from PFAS exposure following potential municipal lawsuit resolutions.

The Environmental Working Group reported an estimated $30 billion cost for the U.S. to clean up PFAS contamination at military bases, but the Department of Defense allocated only $1.4 billion. The first trial AFFF lawsuit will admit the EPA’s proposed PFAS drinking water limits as evidence, bolstering the plaintiff’s case.

The CDC introduced the National Firefighter Registry to study elevated cancer rates among firefighters, a part of President Biden’s “Cancer Moonshot” initiative. The AFFF cancer risks, once a hypothesis, are now widely acknowledged as fact.

The International Association of Fire Fighters (IAFF) filed a lawsuit against the National Fire Protection Association (NFPA) in Massachusetts, accusing them of mandating a testing standard using harmful PFAS in firefighter gear. The IAFF seeks to hold NFPA accountable for not removing the hazardous test from its firefighting protective ensemble standards.

A significant surge in firefighting foam AFFF lawsuits was observed, with 317 new cases added, bringing the total to 3,704 – nearly double the monthly average from 2022.

Critical rulings are anticipated from the AFFF MDL Judge on Daubert motions concerning the City of Stuart v. 3M Co. case, which will set a precedent for the admissibility of scientific evidence in related firefighting foam AFFF cases.

A motion for dismissal was presented by some defendants in an upcoming AFFF trial, claiming no expert evidence linked their chemicals to the case’s water contamination; plaintiffs countered with their expert testimonies.

The AFFF MDL observed a decline in new case additions with only 49 cases added, potentially due to the holiday season or indicating a trend in slowing litigation growth.