Fire Fighting Foam Lawsuit 

For decades, firefighters and military personnel used a fire suppressant called Aqueous Film-Forming Foam (AFFF) to extinguish fires caused by flammable liquids. Many were harmed by the chemicals in AFFF and have taken legal action against the manufacturers. If you or a loved one developed cancer or illness after exposure to firefighting foam, you may be eligible to receive compensation for medical bills, lost wages, pain and suffering, and more.  

At Douglas & London, we are highly experienced in toxic exposure cases. We have helped recover hundreds of millions of dollars for our clients contaminated by PFAS, the toxic chemicals in Aqueous Film Forming Foam (AFFF). Every state has deadlines for filing an AFFF lawsuit, so reach out as soon as possible for your complimentary legal consultation. We are accepting cases nationwide. Please keep reading to learn more about  what AFFF is, why it’s dangerous, and what victims of AFFF toxic exposure can do to seek justice. 

What is AFFF? 

AFFF is a fire suppressant primarily used by firefighters and military personnel and at airports for commercial use. AFFF was once widely used because it is an effective solution for extinguishing extremely hazardous, flammable liquid fires in oil refineries, offshore platforms, chemical plants, aviation operations, and military facilities. Although AFFF is still used in limited applications, some states restrict its use, and the Department of Defense is working to phase it out by October 2024, with some exceptions.  

Health Risks  

AFFF contains perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), which are per- and poly-fluoroalkyl substances, also known as PFAS. These synthetic chemicals, used in industry and consumer goods for over 60 years, can contaminate both soil and groundwater and have been linked to an increased risk of cancer.  

PFAS are called “forever chemicals” because the elemental bonds of fluorine and carbon are highly stable and difficult to break down in the environment and our bodies. This means that the carcinogens in AFFF stay in the body for a long time.  

The International Agency for Research on Cancer (IARC) classified perfluorooctanoic acid–one of the most well-documented types of PFAS chemicals–as a “possible human carcinogen” based on epidemiologic evidence of testicular and kidney cancer in people with heavy exposure to PFAS. 

Cancer and Serious Health Conditions Linked to PFAS 

Long-term exposure to PFAS is linked to several types of cancer and other serious health conditions:  

  • Kidney Cancer: The kidneys are small bean-shaped organs that filter waste, water, and salt from the body and produce urine. High-level exposure to PFAS can disrupt kidney cell processes, potentially causing malignant changes. The American Cancer Society reports that kidney cancer is among the top 10 most common cancers in the U.S.  
  • Testicular Cancer: Testicular cancer is the most frequently diagnosed cancer among active-duty military personnel and young men in general. Researchers have detected an association between exposure to a specific PFAS in AFFF called perfluorooctanesulfonic acid (PFOS) and testicular cancer. Although this type of cancer is highly treatable for many, cancer and treatment for testicular cancer can impact fertility. 
  • Liver Cancer: In the first study of its kind, researchers found that exposure to high levels of perfluorooctanesulfonic acid (PFOA), one of the most common chemicals in AFFF, increased the risk of a common form of liver cancer, hepatocellular carcinoma. This cancer occurs when a tumor develops in the liver and is responsible for over 12,000 deaths in the U.S. every year.  
  • Thyroid Disease and Cancer: The thyroid is a butterfly-shaped gland at the front of the neck. It produces and secretes hormones to regulate heart rate, breathing, and metabolism, among other functions. The whole body can be affected when this gland is not working correctly. Some PFAS are considered thyroid disruptors. Studies in mice show a possible link between exposure to PFAS in utero and thyroid complications. Also, PFAS exposure is associated with an elevated risk of thyroid cancer by as much as 56%.  
  • Ulcerative Colitis: UC is an incurable inflammatory bowel disease that causes painful sores and inflammation in the digestive tract. One study found that PFAS levels in patients with UC were significantly higher than in healthy controls. Individuals with UC have an increased risk of colon cancer, so frequent screenings are recommended.  

If you are a firefighter, airport employee, military personnel, or work in a chemical plant where firefighting foam was utilized and were later diagnosed with cancer, you’re encouraged to explore your options for legal recourse. Cancer potentially caused by AFFF merits further investigation by skilled legal counsel.   

Environmental Exposure to AFFF 

While airport workers, firefighters, and military members face the highest risk of contact with this toxic foam, individuals who live and work in areas where AFFF was widely used also risk environmental exposure.  

AFFF has been used to fight fuel fires on military bases since the 1970s. AFFF gets into the environment once the firefighting foam is discharged during use and from spills and leaks that occur in AFFF storage locations. It can contaminate the soil, surface water, and groundwater, and the residual materials can enter drain systems and discharge them to remote locations.  

Because PFAS in AFFF can permeate groundwater and soil, they have contaminated drinking water in cities across the United States. Groundwater contamination is one of the biggest threats to residents who live near areas where firefighting foam was used. There is evidence that municipal water supplies nationwide have been contaminated with PFAS. 

Where Is AFFF Found? 

The Environmental Working Group (EWG) has a very helpful map that highlights areas with environmental contamination by AFFF. AFFF on this map is mostly highlighted by red or purple dots and is generally found in military facilities, municipal airports, refineries, fuel tank farms, and other industries which could potentially use and store tons of petroleum. 

How Douglas & London Can Help 

Military, aviation, and firefighting organizations are warning their members about the dangers of exposure to AFFF and making changes as a result. However, because these “forever chemicals” accumulate in the body and environment over time, past exposure can still present health problems.  

Douglas & London attorneys represent clients who have suffered from toxic chemical exposure. Gary Douglas, a founding partner of Douglas & London, served as co-lead counsel in litigation representing victims of PFAS exposure and secured a $671 million settlement. This was after our attorneys secured verdicts of $1.6 million, $5.1 million, and $12.5 million. 

Our lawyers can determine if you or a loved one qualify for an AFFF lawsuit and provide the representation you need to hold liable parties accountable for their negligence. While a settlement or jury award cannot erase the harm suffered, a monetary recovery can alleviate the financial hardships of serious illness. 

Possible Compensation for an AFFF Lawsuit 

Our legal team strives to maximize compensation for AFFF exposure. The compensation for an AFFF lawsuit varies depending on the specifics of each case, but generally, it includes: 

  1. Medical Expenses: Compensation can cover past, present, and future medical costs related to illnesses caused by AFFF exposure, such as cancer treatments, surgeries, or ongoing care. 
  1. Lost Wages: If exposure to AFFF led to an illness that prevented the individual from working, they may be compensated for lost income and diminished earning capacity. 
  1. Pain and Suffering: Plaintiffs may receive compensation for physical pain, emotional distress, and reduced quality of life due to illnesses caused by AFFF. 
  1. Punitive Damages: In cases where defendants acted with gross negligence or willful misconduct, plaintiffs may be awarded punitive damages aimed at punishing the responsible companies and deterring similar future actions. 
  1. Wrongful Death: If exposure to AFFF led to a fatal illness, families may receive compensation for the loss of their loved one, covering funeral expenses and loss of companionship. 

Settlement amounts can vary significantly. Bellwether trials in the AFFF multidistrict litigation (MDL) will help determine potential settlement values. 

Holding Negligent Manufacturers Accountable 

Multi-billion dollar manufacturers like DuPont and 3M have sold AFFF for decades, despite evidence that the product’s chemicals posed grave long-term risks to human health. When companies place profits over consumer safety and fail to warn the public of known risks, they should be held accountable for their actions.  

To be held liable for AFFF exposure, it must be proved that the manufacturers like DuPont, 3M, Tyco, and BASF were negligent in their product design, testing, manufacturing, or marketing and that this negligence resulted in actual injuries and financial losses.   

Evidence Needed for AFFF Lawsuits 

To win an AFFF (Aqueous Film-Forming Foam) lawsuit, strong evidence must be presented to establish liability and prove harm. Key evidence includes: 

  1. Exposure to AFFF: Documentation or proof of the plaintiff’s exposure to AFFF-containing chemicals. This could include employment records, military service documentation, or other evidence showing the use or presence of AFFF in the environment. 
  1. Chemical Link: Proof that the AFFF contained harmful chemicals like PFAS (per- and polyfluoroalkyl substances) known to cause health issues. 
  1. Causation: Medical evidence linking exposure to AFFF to specific health conditions such as cancer, organ damage, or other illnesses. 
  1. Negligence or Liability: Evidence that the manufacturers or responsible parties knew or should have known about the dangers of AFFF and failed to warn users or take preventive measures. 
  1. Damages: Clear documentation of medical costs, lost wages, or other damages directly resulting from AFFF exposure. 

Recent Legal Developments in AFFF Lawsuits 

As of July 2024, over 9,000 AFFF lawsuits have been filed in the United States, consolidated under Multidistrict Litigation (MDL No. 2873) in the U.S. District Court for the District of South Carolina. The presiding judge overseeing this extensive litigation is Judge Richard M. Gergel. He is responsible for coordinating pretrial matters and managing the progression of these cases, which involve claims of personal injury, property damage, and environmental contamination due to exposure to PFAS chemicals found in AFFF products.   

Judge Richard Gergel selected nine bellwether cases associated with cancer and other health issues. These bellwether trials will help predict how juries might weigh the scientific evidence linking exposure to firefighting foam and specific diseases and cancers.  

Most of these cases focus on the following medical conditions:  

  • Kidney cancer 
  • Liver cancer 
  • Testicular cancer 
  • Thyroid cancer 
  • Thyroid disease and hypothyroidism 
  • Ulcerative colitis 

Based on the strength of available scientific evidence, the bellwether trials could happen early next year, potentially paving the way for an AFFF settlement and justice for workers and residents harmed by PFAS nationwide. The first round will focus on municipal water contamination, followed by personal injury claims from firefighters and other workers exposed to AFFF during employment or military service.  

Schedule a Free Consultation with Douglas & London 

If you or someone you know were contaminated with AFFF and are now diagnosed with kidney cancer, testicular cancer, liver cancer, thyroid cancer, or ulcerative colitis, please feel free to contact a toxic exposure attorney at Douglas & London. To schedule a free consultation, fill out the form on the side of the screen or call us. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. We are currently accepting cases nationwide.