Who is Eligible to File a PFAS Lawsuit?
As long as you can prove PFAS exposure through a blood test and reside in the United States, you have the right to seek compensation for adverse health effects. The type of PFAS lawsuit filed depends on several factors, including exposure, health effects, and jurisdiction. For example, people exposed during military service or firefighting careers are the most common plaintiffs in an AFFF lawsuit. However, it can affect a much larger segment of the public. In 2024, 3M announced a $10.3 billion settlement with public water suppliers.
Our team of attorneys at Douglas & London understands the complexity of an environmental toxic exposure lawsuit. If you have experienced serious side effects linked to exposure to PFAS, call now to speak to our knowledgeable staff or submit an online contact form. We will provide a full complimentary case evaluation to determine which parties may be liable for your injuries and their related costs. If you decide to move forward with a chemical exposure lawsuit, you owe us no fees unless we achieve restitution on your behalf.
PFAS Exposure
Since the 1950s, man-made chemicals known as PFAS have been used to make a wide range of products, including firefighting foams. Short for per- and polyfluoroalkyl substances, these toxic substances have sickened those who have been exposed to them.
PFAS are no longer manufactured or used in the United States but remain a significant environmental problem. PFAS never break down, so they remain in the soil, water, and the human body. They are called “forever chemicals.” The New York Times called PFAS “one of the major pollution issues of our time.”
Here are some of the ways you may have been exposed to PFAS:
- Drinking contaminated water, whether from municipal sources or private wells
- Eating PFAS-exposed fish
- Consuming packaged food containing PFAS
- Consuming food grown in contaminated areas
- Inhaling or accidentally swallowing contaminated soil or dust
The most common sites for PFAS exposure involve:
- Military bases
- Airports
- Fuel tank farms
- Industrial and manufacturing sites
- Landfills in which PFAS were dumped
- Refineries
People who worked in these locations or lived near them are particularly vulnerable to PFAS-related health problems. Because PFAS may leak into groundwater, even those living far from the actual sites may suffer life-threatening health issues from drinking contaminated water.
Property Owners
Property owners whose wells or land were contaminated by PFAS may be eligible for compensation. For example, in Michigan, a $54 million class action settlement was broken down into three subclasses after the court found that footwear company Wolverine Worldwide dumped PFAS-laden sludge in Kent County decades ago.
In this case, the three subclasses included:
- People who owned their homes on November 1, 2017, and were switched to municipal water.
- People who owned their homes on November 1, 2017, and had a water filter put in by officials.
- Other parties with PFAS detected in their water, but not included in the previous two subclasses.
In the Michigan example, those who qualified for the settlement had to reside within the boundaries of specified locations.
PFAS-related Health Issues
Health issues connected to PFAS exposure include various cancers, including:
- Kidney
- Liver
- Testicles
- Thyroid
Besides cancer, exposure to PFAS may cause ulcerative colitis, thyroid disease, developmental delays in children, and fertility problems.
Families of Deceased Individuals
If your family member died from health issues connected to AFFF or PFAS exposure, surviving family members might be eligible to file a wrongful death lawsuit. In New York, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. This representative is usually appointed by the court.
While only the personal representative can file the lawsuit, the damages recovered are meant for the benefit of the deceased’s surviving family members, such as spouses, children, or parents, who have suffered financially due to the death.
Evidence for Your Claim
You must provide documentation, including medical records and blood tests, to substantiate your claim. You must also prove that you resided or worked in the contaminated area during a specific period. For instance, if you were exposed to AFFF while in the military, you must submit evidence, including dates, that you were stationed at a particular base.
Because PFAS are found in drinking water, you must substantiate that you drank contaminated water for a period of at least six months. This documentation may include rent or mortgage payment records, utility bills, or pay slips. Family members filing a PFAS wrongful death lawsuit must provide evidence that the deceased met these criteria.
Schedule a Free Consultation
If you believe you are eligible to file a PFAS lawsuit, schedule a free consultation with a toxic exposure attorney at Douglas & London today. When environmental toxins injure or otherwise harm large numbers of victims, our firm can coordinate a mass tort to pursue due restitution. You may be eligible for monetary compensation to cover the cost of your medical bills, lost wages, and more. You may also seek compensation for loss of quality of life, pain and suffering, and other non-economic damages.
