PFOA

New York State recently proposed Senate Bill S9661 to establish new Maximum Contaminant Levels (MCL) of perfluorooctanoic acid (PFOA) and other dangerous man-made chemicals in drinking water, “MCLs require public water systems to regularly monitor for contaminants, notify health departments and the public of confirmed exceedances, and work with health departments on a compliance timetable and plan to bring water systems into compliance.” Because of the widespread use of these chemicals, they’ve been detected in both surface water and groundwater.

At Douglas & London, we understand that exposure to some harmful toxins through the food you eat, the water you drink, the air you breathe, or through contact with your skin can create dangerous, long-term effects for you and your family. If you believe you’ve been harmed by contaminated water, you may be eligible to file a PFOA water contamination lawsuit. We will provide a full complimentary case evaluation to determine which parties may be liable for your injuries and their related costs.

What Is PFOA?

Perfluorooctanoic acid (PFOA) is a man-made chemical classified under the broader category of perfluoroalkyl and polyfluoroalkyl substances (PFAS). It was widely used in manufacturing products like non-stick cookware, water-resistant fabrics, stain-resistant carpets, and food packaging due to its ability to resist grease, water, stains, and soil.

While PFOA and some other PFAS chemicals have been largely phased out in the United States and many other countries due to health and environmental concerns, they are still used in limited applications. They may be manufactured or utilized in countries with less stringent regulations. Additionally, legacy products containing PFOA may still be in use, and the chemical persists in the environment due to its resistance to breaking down.

Legacy Products That May Still Contain PFOA

Some legacy products that may still contain PFOA and remain in use include:

Non-Stick Cookware: Older Teflon-coated pans and cookware manufactured before PFOA phase-outs (completed around 2015 in the U.S.).
Water-Resistant Fabrics: Older outdoor clothing, tents, and upholstery treated with PFOA-based coatings.
Stain-Resistant Carpets and Rugs: Products treated with PFOA-based stain repellents, such as older Scotchgard or similar coatings.
Food Packaging: Legacy items like grease-resistant fast-food wrappers, microwave popcorn bags, or pizza boxes manufactured prior to PFOA restrictions.
Industrial Products: PFOA was used in some lubricants, firefighting foams, and certain chemical processes in industries before being phased out.

Although many of these products are no longer manufactured with PFOA in the U.S., older versions may still be in homes, businesses, or the environment.

PFOA Water Contamination in New York

Unfortunately, PFOA contamination is common in New York. As recently as 2022, Environmental Advocates NY (EANY) reported that nearly half a million New Yorkers were drinking water contaminated with PFAS. PFOA contamination has been identified in several counties, notably:

Rensselaer County: The Hoosick Falls area, Petersburgh, and Poestenkill experienced significant PFOA contamination in their water supplies, leading to extensive remediation efforts.
Orange County: The city of Newburgh, the town of Newburgh, and New Windsor were identified as being contaminated by PFOA or PFOS beyond acceptable levels.
Westchester County: Investigations in Armonk revealed PFOA presence in private wells, prompting state-led assessments and mitigation measures.
Suffolk County: On Long Island, multiple water districts reported PFOA levels exceeding state health regulations, affecting approximately 570,000 residents.

These examples underscore the widespread nature of PFOA contamination across various regions in New York. The state’s Department of Environmental Conservation continues to monitor and address these issues to ensure safe drinking water for all residents.

Health Effects of PFOA Exposure

PFOA (Perfluorooctanoic Acid) exposure has been linked to a range of adverse health effects due to its persistence in the body and the environment. The EPA identifies some common health concerns affiliated with PFOA exposure:

Increased risk of high cholesterol and obesity
Impaired immune system response
Increased risk of some cancers, such as testicular, kidney, and prostate cancers
Developmental delays in children
Decreased fertility
Hormonal changes
High blood pressure in pregnant persons

The health effects of PFOA exposure underscore the need for stringent regulation and remediation. Individuals concerned about exposure should consult medical professionals for testing and monitoring, particularly if they live in areas with documented contamination.

Legal Rights for Victims of PFOA Exposure

Victims of PFOA exposure have legal rights to seek compensation and hold responsible parties accountable for the harm caused by contaminated water, which include the following:

Filing Personal Injury Claims. Victims can pursue legal action against manufacturers, polluters, or municipalities responsible for PFOA contamination. Compensation may cover:

Medical Expenses: Costs of diagnosis, treatment, and ongoing care for health conditions linked to PFOA exposure.
Lost Wages: Reimbursement for income lost due to illness or inability to work.
Pain and Suffering: Damages for emotional distress, diminished quality of life, or chronic conditions.

Class Action or Mass Tort Lawsuits. Victims may join class-action lawsuits or mass tort claims with other individuals affected by the same contamination source. These collective actions strengthen cases by consolidating resources and evidence.
Property Damage Claims. Homeowners whose property values have decreased due to PFOA contamination can file claims for compensation, including the costs of water filtration systems or relocating.

Victims of PFOA exposure have robust legal rights to pursue justice and compensation for the harm caused by contamination. Consulting a toxic exposure attorney at Douglas & London is critical to navigating these complex claims and maximizing recovery. Please note that you generally have three years from the date you were injured or became aware of the injury caused by PFOA exposure to file a lawsuit.

How Douglas and London Can Help

Environmental contamination cases can be highly complex, involving extensive technical and scientific evidence. In these cases, defendants are typically large companies that can spend a fortune on their legal teams and will often do everything possible to avoid accountability. You need a law firm with a successful track record in taking on deep-pocketed defendants in toxic exposure cases and coming out on top.

Your legal team at Douglas & London will thoroughly investigate your claim, subpoena documents if necessary, take sworn statements called depositions, and help you collect all the medical evidence, environmental research, and expert testimony you need to prove your claim in court.

Since environmental toxins often affect a large number of plaintiffs with similar claims, your mass tort lawyer can help advise you whether to pursue an individual claim, join consolidated Multi-District Litigation (MDL) proceedings, or enter into an existing class action settlement. Companies facing allegations of environmental contamination may be inclined to make settlement offers to plaintiffs that are woefully below the true worth of their claims.

The Litigation Process for a PFOA Lawsuit

Filing a PFOA lawsuit in New York involves a detailed litigation process to seek compensation for harm caused by water contamination. Our legal team must establish a link between PFOA exposure and health conditions, property damage, or other losses. This includes gathering scientific evidence, medical records, and expert testimony to build a strong case against the responsible parties.

The litigation process generally includes the following:

Initial Consultation and Case Review. Schedule a free consultation with us to discuss your case and determine whether you have a viable claim. We will advise you on how to proceed and explain the potential outcomes of filing a lawsuit.
Filing a Lawsuit. If your case is strong enough, we will file a lawsuit against the manufacturers or polluters. This step starts the formal legal process of seeking compensation for your injuries.
Discovery. This stage involves both parties sharing evidence. Depending on the case’s complexity, it can take several months or more than a year.
Pre-Trial Motions. During this phase, either party may request that specific issues be resolved before trial. For example, the defendant might ask to dismiss the case outright.
Settlement Negotiations. The majority of personal injury cases are resolved out of court through settlements. If both parties agree on a settlement amount, the case is resolved.
Trial. If a settlement isn’t reached, your case will go to trial. You can expect this process to take several weeks or even months as each party presents their arguments and evidence.

Consult an Experienced Toxic Tort Lawyer in New York

Speak with an experienced toxic exposure attorney at our firm for free to discuss the details of your case in a private consultation. If you suffered harmful side effects from exposure to environmental toxins, such as PFOA in your drinking water, you may be eligible for monetary compensation to cover the cost of your medical bills, lost wages, and more. You may also pursue compensation for loss of quality of life, pain and suffering, and other non-economic damages. Since we work on a contingency basis, you will not pay attorney’s fees unless we win compensation for your injuries.