Aqueous Film-Forming Foam (AFFF), a type of firefighting foam, has been used by firefighters in both military and civilian units to suppress fires for decades. It has been used both in training and practice for firefighters across the country for years due to its effectiveness.
Sadly, chemicals contained in firefighting foam may increase the risk of different types of cancer, resulting in firefighting foam lawsuits. Thousands of AFFF lawsuits have been filed – including both firefighter cancer lawsuits and water contamination lawsuits – and are being pursued against manufacturers of firefighting foam. Learn more by calling Phillips Law Group and working with an experienced firefighting foam lawyer.
The Dangers of PFAS
People diagnosed with testicular cancer, kidney cancer, pancreatic cancer, prostate cancer, breast cancer, liver cancer, bladder cancer, lymphoma, leukemia, or other types of cancer following exposure to PFAS chemicals in AFFF are seeking justice through legal action.
PFAS chemicals are per- and polyfluoroalkyl substances (PFAS). According to the United States Environmental Protection Agency, “Scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals.”
Some PFAS can accumulate and stay in the human body for a long time, and long-term exposure to PFAS causes a buildup in the body that has the potential to result in negative health effects, according to the U.S. Fire Administration of the Federal Emergency Management Agency (FEMA).
If you or a loved one were exposed to this foam, particularly if you were a firefighter, and later developed cancer, you may be entitled to compensation from an AFFF lawsuit. Please don’t delay in contacting the committed team of firefighting foam attorneys at Phillips Law Group for a review of your case.
You can contact our team by filling out the form on this page, or by calling us at (602) 222-2222. Please don’t hesitate to call and see how we can help you or your loved one secure justice!
What is AFFF?
In 1966, the Navy granted a patent for a firefighting foam called Aqueous Film Forming Foam (AFFF), a man-made fire suppressant used to put out liquid fires, like fuel fires. The foam is commonly used in shipboard and shore facility fire suppression systems, according to the Department of Environmental Conservation. It can also be found in firefighting vehicles and at fire training facilities.
AFFF contains several toxic chemicals, such as perfluoroalkyl and polyfluoroalkyl substances (PFAS) that make it extremely difficult to break down, creating serious environmental and health risks.
Studies conducted by branches of the armed forces, as well as the Environmental Protection Agency (EPA) have shown that AFFF was positively linked to serious illnesses and diseases and recommended that the Department of Defense find an alternative to AFFF.
In 2001, DoD and EPA officials held a meeting to discuss the military’s use of PFAS and AFFF where EPA scientists recommended the phasing out of the chemicals. It was not until 2016 that the DoD directed branches of the military to prevent uncontrolled environmental releases of AFFF with proper disposal.
Which Firefighting Foams Are Dangerous?
AFFF is designed specifically to handle what many firefighters refer to as “Class B” fires, which are those involving flammable chemicals like oil and gasoline. Unfortunately, most foams in this category, including AFFF, alcohol-resistant AFFF, and fluoroprotein foam all have extra fluorine added to them, which means they typically contain an unsafe amount of PFAS for normal human exposure.
Foams designed for “Class A” fires involving solid materials like wood and textiles, such as film-forming foam (FFFP), protein-based foams, and synthetic-based foams, often do not have additional fluorine added to them. These foams are sometimes referred to as “fluorine-free,” and they generally are not considered to be as dangerous as AFFF and similar materials.
Have Any AFFF Lawsuits Been Filed?
Several lawsuits have been filed against the manufacturers of the AFFF foam, including a class-action lawsuit filed in February 2020 by the National Rural Water Association (NRWA) with claims that the manufacturers were aware that AFFF and PFAS chemicals are toxic to animals and humans, are not biodegradable, and can easily move through soil and groundwater, yet continued to make and market the chemicals.
Other lawsuits filed against 3M, DuPont Co., and many others claim companies knew the risks yet continued to put firefighting foam on the market.
The $17.5 million settlement agreed to by Johnson Controls is the first to come from multidistrict litigation (MDL) being managed in South Carolina. As of October 15, 2021, there were 1,710 actions pending in this MDL. The cases in this MDL are against dozens of defendants who either manufactured or distributed AFFF and its constituent chemicals.
What Is the AFFF MDL?
In late 2018 and early 2019, the federal Judicial Panel on Multidistrict Litigation coalesced several pending lawsuits over PFAS contamination stemming from firefighting foam exposure into a Multidistrict Litigation (MDL) case to be heard in the District of South Carolina. Over the ensuing five years, several thousand cases from numerous states have been transferred into this MDL, resulting in more than $13 billion in settlements being approved for payment to public water systems and millions—likely billions—of dollars in additional settlements likely to come in the future. This MDL is primarily focused on PFAS exposure from firefighting foam used at airports, industrial sites, and military bases, and covers various forms of cancers and other illnesses stemming from exposure to this substance.
Firefighting Foam and the U.S. Department of Defense (DoD)
Since the 1970s, the U.S. Department of Defense (DoD) has used firefighting foam, called Aqueous Film Forming Foam (AFFF), in training exercises and situations with real fires in the Navy and other branches of the military.
By the 1980s, studies on the chemicals used in the firefighting foam found that it could pose serious environmental and health risks to those who were exposed. Yet despite the warnings, the manufacturers of the foam, as well as the DoD, continued to use the product to fight fires, putting civilian and military firefighters at risk.
If you or a loved one have been exposed to this firefighting foam and were diagnosed with cancer, such as breast cancer, liver cancer, pancreatic cancer, prostate or testicular cancer, you may be eligible to seek compensation for medical bills, lost wages and other damages with the help of an attorney.
At Phillips Law Group, we have obtained hundreds of millions in compensation for our clients. Partner Jeff Phillips has served as lead counsel in more than 40 jury trials and works closely with other lawyers throughout the nation to help those who have been harmed by defective products.
The initial consultation is free and there are no fees while working on your case. Our attorneys do not get paid unless you do.
Call today to schedule a free consultation: 602-222-2222
Am I Eligible for Compensation?
If you were diagnosed with an illness that has been linked to AFFF exposure or lost someone due to an illness caused by AFFF, you may be eligible for compensation.
There are many questions our attorneys may have for you as we look to determine if you may have a valid claim. For example:
- How were you exposed to AFFF firefighting foam?
- Did you work in a high-risk job, such as an airport or military firefighter?
- When were you diagnosed with an AFFF-related illness?
If the person who was directly affected is not healthy enough to file suit, a direct family member, such as a spouse or child, may be able to file a lawsuit on their behalf.
Direct family members may also have the right to file a wrongful death lawsuit on behalf of a loved one who passed due to an injury or illness caused by the negligence of another.
While each case is different, it is generally true that those who hire attorneys recover more compensation compared to those who do not. Phillips Law Group’s firefighting foam attorneys have decades of combined experience and are prepared to manage the legal process on your behalf.
Cancers Associated with PFAS
Cancers associated with PFAS, which are present in AFFF, include:
- Bladder cancer
- Breast cancer
- Colorectal cancer (colon and/or rectal cancer)
- Leukemia cancer
- Liver cancer
- Lymphoma
- Multiple Myeloma
- Pancreatic cancer
- Prostate cancer
- Renal or kidney cancer
- Testicular cancer
- Thyroid cancer
Who is Most at Risk for Exposure to Firefighting Foam?
People who are most at risk of exposure to AFFF are those who work, or worked, as firefighters. This includes military and civilian firefighters, particularly those who worked at airports, as the foam was favored for putting out jet fuel fires. The Federal Aviation Administration required airports to use foam that contained PFAS until 2018, in accordance with U.S. Navy regulations.
Those who live on or near military bases may also be at a higher risk of exposure due to AFFF getting into the water system in many of these communities. Others who may be at risk of exposure include airport and chemical plant workers.
How Much is an AFFF Lawsuit Worth?
It is difficult to determine how much a case may be worth without knowing all the facts, so it would be in your best interest to discuss your claim with one of our licensed firefighting foam attorneys to determine how much you may be able to recover.
Johnson Controls, one of the manufacturers of the AFFF foam, agreed to settle a class-action lawsuit for $17.5 million in June 2021. The settlement applied to 300 homes with approximately 1,200 residents in Marinette/Peshtigo. The plaintiffs had claimed chemicals in the firefighting foam contaminated drinking water.
Other manufacturer liability claims with similar facts generally result in recovery for medical bills, lost wages, loss of consortium, pain and suffering and other damages. You may also be able to recover compensation for these and other damages if your attorney can validate your case.
We can discuss the value of your potential case in a free consultation. If we validate your claim and you hire our firm, our goal will be to recover maximum compensation for past and future damages. We know how important compensation can be after suffering a serious injury or being diagnosed with a serious illness.
What Compensation Can I Recover for Firefighting Foam Exposure?
If you were exposed to firefighting foam and developed health issues like cancer that you believe are linked to that exposure, you can potentially request compensation for:
- Immediate and ongoing medical bills
- Past and future lost wages
- Physical pain and suffering
- Mental and emotional trauma
…and more
You should contact a firefighting foam lawyer like the ones here at Phillips Law Group to determine if you have a qualified case and to see what damages you could pursue.
Can You File a Wrongful Death Lawsuit for a Family Member Exposed to AFFF?
If a close family member of yours prematurely passed away from an illness caused by PFAS contamination through exposure to AFF or another firefighting foam, you may have grounds to file a wrongful death claim in their name. Once again, different states have different rules about which immediate family members of a deceased person can pursue such a claim and/or recover compensation through one, so it is worth discussing your options with a skilled firefighting foam lawyer before trying to file suit on your own.
As opposed to recovering for harm your loved one directly experienced because of PFAS exposure, a wrongful death claim over a firefighting foam injury or illness would allow recovery for harm you and your other surviving family members have experienced because of your loved one’s death. This can include both economic damages like funeral expenses and lost future financial support, and non-economic damages like emotional anguish and lost guidance and companionship.
How Much Does a Lawyer Cost?
At Phillips Law Group, we handle cases on a contingency basis, meaning we do not require money upfront. There is no risk in giving our team a call to talk about your legal options. Your information will remain confidential and you owe us nothing unless we pursue and win your case. Contact us today!
What Is the Statute of Limitations for AFFF Lawsuits?
The deadline by which you must file suit after initially discovering you have been harmed through exposure to PFAS through AFFF will vary depending on what state you are filing your claim in. Typically, the statute of limitations for this sort of claim allows either two or three years after initial discovery of harm—or the date by which you reasonably should have discovered you were harmed—by PFAS exposure, but certain states may have longer default deadlines.
As a qualified firefighting foam attorney can further explain, some states have also specifically expanded the applicable deadlines for firefighting foam lawsuits in particular. This is mainly in recognition of the fact that these chemicals were in widespread use for many years without regular people having sufficient warning of the risks associated with exposure.
How Can a Lawyer Help Me?
Guidance from a skilled firefighting foam attorney can be all but essential to navigating the complicated web of state and federal court systems that are involved in litigation over PFAS and AFFF exposure. In addition, legal counsel can help collect relevant evidence to prove that you qualify to file suit in the first place, identify the specific parties to blame for the specific exposure you experienced, and demand an appropriate amount of compensation for all the short-term and long-term losses that your injury or illness will cause you to sustain.
Work With a Firefighting Foam Attorney Today!
If you think you or your loved one’s cancer was caused by exposure to AFFF, it would be in your best interest to get into contact with one of our attorneys so we may be able to review your claim. We do not charge anything up front and only get paid if we recover compensation on your behalf. Our consultation is also free with no obligation to take any legal action.
Our firm has recovered millions in damages for countless injury victims for nearly three decades. Call to speak with a skilled firefighting foam lawyer today.
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