Firefighting foam (aqueous film-forming foam “AFFF”)) is a chemical product that has been used for years by firemen and in other commercial applications to extinguish fires.
However, various studies have recently shown that chronic use or exposure to firefighting can cause certain types of cancer. This discovery has led to a wave of firefighting foam lawsuits by former firemen and others who developed cancer after long periods of occupational exposure to AFF.
Our lawyers are accepting new clients in all 50 states for inclusion in the nationwide AFFF class action lawsuit.
AFFF Litigation News and Updates:
December 3, 2024 – MDL Continues to Shrink
A little over 2 months ago the AFFF firefighting foam MDL had over 9,000 pending cases. As of today that number is down to 7,370. This reduction is the result of dismissals of large groups of water contamination cases that were covered by last summer’s settlement.
November 17, 2024 – Insurance Coverage Battles
Many of the defendants in the AFFF litigation are fighting legal battles with insurance carriers to force them to provide coverage for the defense and liability costs associated with AFFF claims. The judge in the AFFF MDL recently remanded one of these insurance coverage disputes back to state court in New York, and dismissed another case involving BASF.
October 30, 2024 – Bellwether Trial Set for October 2025
We finally have our first bellwether test trial date in the AFFF firefighting foam MDL. The individual AFFF cancer cases have been divided into separate groups and the first trial date for the Group A cases has been set for October 6, 2025. This is a big deal because trial dates always put significant pressure on defendants in mass tort litigation.
September 2, 2024 – Daubert Challenges
In the AFFF firefighting foam litigation, Daubert challenges will play a pivotal role, and we are well-positioned to prevail. These motions assess whether the scientific evidence presented by plaintiffs is admissible, focusing on whether expert testimony linking PFAS chemicals in AFFF to specific health conditions, such as cancer, meets established standards of scientific reliability. Defendants will argue that the plaintiffs’ expert opinions are speculative or lack sufficient data, aiming to exclude these testimonies to weaken the plaintiffs’ case—a challenging argument in these Tier 1 and Tier 2 cases.
A critical Daubert issue is proving causation—whether exposure to PFAS chemicals in AFFF directly caused diseases like kidney, testicular, or prostate cancer. For instance, in prior motions, defendants sought to exclude expert testimony linking PFAS exposure to contaminated water sources. However, several courts denied these motions, permitting the plaintiffs’ causation experts to testify. These rulings suggest a favorable trend for future decisions.
August 6, 2024 – Bellwether Case Selections
The MDL judge chosen nine of the eleven cases proposed by the plaintiffs to be included on the initial trial list. These cases involve Pennsylvania residents diagnosed with kidney or testicular cancer and Colorado residents with thyroid cancer or ulcerative colitis, all allegedly linked to exposure to aqueous film-forming foam (AFFF).
This decision marks a significant victory for the plaintiffs, as the court largely adhered to their recommendations, as outlined in the July 17 update.
The defendants had suggested a different set of eleven cases, arguing that their selection offered a more representative pool based on factors such as gender, age, and exposure period. However, the court did not adopt their approach.
Does Firefighting Foam (AFFF) Cause Cancer?
AFF firefighting foam is a type of fire extinguishing chemical used to put out very intense fires. Firefighting foam products contain chemicals known as polyfluoroalkyl materials or PFAS. PFAS makes the product so effective at putting out fires, but they also make it toxic.
In 2016, a new wave of scientific research revealed that PFAS in firefighting foam could cause cancer. A group of long-term studies conducted by the International Agency for Research on Cancer (IARC) concluded that individuals with prolonged occupational exposure to firefighting foam with PFAS were at an increased risk of developing 3 types of cancer: prostate, kidney, and testicular cancer. The results of this initial IARC study were later confirmed and substantiated by the Centers for Disease Control (CDC).
In the wake of this research, PFAS was formally recognized as a human carcinogen. Firefighting foam is now being banned in the military and by fire departments nationwide.
Firefighting Foam Class Action Litigation
Firefighting foam containing PFAS has been around for years and is manufactured by major chemical companies like 3M and DuPont. There is apparently some evidence to suggest that DuPont and other manufacturers were well aware of the link between PFAs and cancer.
The manufacturers may have known the possible link between occupational exposure to PFAS and cancer for years. Not only did they fail to disclose this to the public (or warn potential users of their products), some plaintiffs are alleging that firefighting foam manufacturers actively and deliberately concealed this evidence.
Hundreds of former firemen and other individuals exposed to firefighting foam on the job and subsequently diagnosed with kidney, prostate, or testicular cancer are now filing product liability lawsuits against DuPont and other companies. In 2019, all the firefighting foam lawsuits pending nationwide were consolidated into a class action MDL. The Firefighting Foam MDL is in the U.S. District Court for South Carolina.
The firefighting foam litigation is ongoing, and new cases are still being filed. We now have over 2000 in February 2022. Eventually, our attorneys expect some type of global settlement of all pending cases will likely take place.
Do You Qualify for a Firefighting Foam Lawsuit?
It is not too late to file your own firefighting foam lawsuit and participate in any financial settlement eventually reached in these cases. Our firefighting foam lawyers can help. Our law firm is actively seeking new AFF firefighting foam cases from any individuals who meet the following criteria:
- Exposure to Firefighting Foam: to qualify as a plaintiff in the firefighting foam litigation, you must show that you were regularly exposed to AFF firefighting foam over a prolonged period. Firefighters directly exposed to or used firefighting foam on the job over several years would meet this requirement. By contrast, if you only used firefighting foam once or twice over several years, you probably would not meet this requirement.
- Cancer Diagnosis: the second criterion to qualify for a firefighting foam lawsuit is that you were diagnosed with kidney, prostate, or testicular cancer after exposure to AFF. These are currently the only types of cancer that are linked to AFF.
What AFFF Lawsuit Settlement Amounts Do You Expect?
At this stage in the litigation, it is tough to say how much your firefighting foam case might be worth, but based on prior mass tort cases the settlement value of a valid claim could range anywhere from $50,000 to $200,000. Some settlement amounts could be higher. The average successful jury verdict will likely be in the millions.
Contact Miller & Zois About Filing a Firefighting Foam Lawsuit
Although hundreds of firefighting foam cases have already been filed, it is not too late to bring your own claim. If you meet both of the qualifying criteria above, we can help get your firefighting foam lawsuit filed as quickly as possible so that you can benefit from any eventual financial settlement in this litigation.
Call our firefighting foam cancer lawyers at 800-553-8082 or contact us online to see if you qualify.