AFFF Lawsuit: Firefighting Foam Class Action Updates & More

Firefighting foam, technically known as Aqueous Film-Forming Foam (AFFF), has been a critical tool for extinguishing high-intensity fuel fires for decades.

From military bases and airports to local fire departments, AFFF has been widely used for its rapid and effective response to fires fueled by accelerants like gasoline and jet fuel. However, the very chemical properties that make AFFF effective in firefighting also pose serious health and environmental risks, leading to a surge in legal claims against its manufacturers.

Thousands of lawsuits have now been filed across the United States by firefighters, military personnel, and individuals living near contaminated sites. AFFF lawsuits mainly target major manufacturers, and they allegedly knew about AFFF’s toxic chemical risks but failed to warn users.

This comprehensive article offers an in-depth look at AFFF firefighting foam, covering everything from key updates to health risks, eligibility criteria, legal guidance, and more. For those considering filing a claim, this guide provides a roadmap through AFFF firefighting foam cases.

Key facts about AFFF firefighting foam lawsuits:

• Widespread Lawsuits: Currently, over 9,800 AFFF personal injury cases are pending in U.S. federal courts. These cases come primarily from firefighters, military personnel, and residents living near areas affected by AFFF contamination.
• Toxic PFAS Chemicals: The toxic chemicals in AFFF are per- and polyfluoroalkyl substances (PFAS), which are known to persist in the environment and in the human body, earning them the nickname “forever chemicals.”
• Health Risks: PFAS exposure has been linked to numerous cancers, including kidney cancer, thyroid cancer, testicular cancer, and several other chronic illnesses. Studies continue to investigate other possible health impacts of these chemicals.
• Manufacturers Involved: Some of the major defendants in AFFF litigation include 3M, DuPont, Chemours, and several other prominent chemical manufacturers. These companies are being held accountable for allegedly failing to disclose the health risks of PFAS exposure.
• Potential for Significant Settlements: The litigation is expected to result in substantial settlements for plaintiffs, covering a range of damages, including medical expenses, lost wages, and emotional suffering.

AFFF Firefighting Foam Lawsuit Overview

AFFF litigation has gained traction in recent years, with new cases filed regularly as more individuals become aware of the health risks associated with PFAS exposure. 

In October 2024, the number of pending AFFF lawsuits exceeded 9,800, highlighting the growing awareness and legal action around this issue. These cases span both individual claims and class action lawsuits, with plaintiffs pursuing compensation for various types of damages, from medical expenses to lost wages and punitive damages.

Success in these lawsuits hinges on establishing a clear link between AFFF exposure and specific health conditions, which requires comprehensive scientific evidence. While case outcomes vary, initial trends suggest that plaintiffs could receive substantial compensation in cases where exposure can be clearly demonstrated.

Based on past toxic tort cases and the severity of illnesses related to AFFF pollution, compensation for AFFF plaintiffs is expected to be significant. Industry estimates place average settlement ranges for high-severity cases between $300,000 and $600,000. (We’ll explain this later on.)

Of course, these figures are estimates, and the final compensation will vary based on individual case specifics and evidence strength.

What is AFFF?

Aqueous Film-Forming Foam, commonly known as AFFF, is a firefighting foam developed to suppress intense fires fueled by accelerants like gasoline, jet fuel, and oil.

AFFF was initially developed in the 1960s through collaboration between the U.S. Navy and chemical manufacturer 3M. It contains unique surfactant chemicals that spread rapidly across the surface of a fire, smothering the flames by cutting off their oxygen supply.

Due to its unmatched firefighting abilities, AFFF was quickly adopted by various industries, including the military, municipal fire departments, airports, and industrial facilities handling combustible materials.

However, AFFF’s effectiveness comes at a high environmental and health cost. The foam’s formula includes per- and polyfluoroalkyl substances (PFAS), synthetic chemicals designed for durability, resistance to degradation, and stability under extreme conditions.

While beneficial in firefighting, this durability has led to significant health risks and environmental damage, as PFAS chemicals persist in ecosystems, wildlife, and the human body.

In recent years, mounting evidence has shown that prolonged exposure to AF chemicals like PFAS can lead to severe health consequences, including cancer and other chronic diseases.

Health Risks and Environmental Impact

Numerous scientific studies have documented the health and environmental risks associated with AFFF chemicals, specifically PFAS (read more about PFAS lawsuits). Due to their resistance to environmental degradation, PFAS chemicals persist in soil, water, and even the human body, leading to long-term health issues.

Several health organizations, including the American Cancer Society (ACS) and the Centers for Disease Control and Prevention (CDC), have raised concerns over the impact of AFFF exposure on human health. Studies consistently show that exposure to PFAS chemicals is associated with various types of cancer, including:

• Kidney Cancer: A study published in the National Cancer Institute found that PFAS exposure is linked to an increased risk of kidney cancer. This study examined individuals exposed to contaminated water sources and found higher rates of kidney cancer among those with elevated PFAS blood levels.
• Thyroid Cancer: Research published in Lancet Oncology in 2019 identified a link between PFAS exposure and thyroid cancer. PFAS compounds can interfere with the thyroid hormone system, leading to changes in cell growth and, over time, the development of malignant thyroid tumors.
• Testicular Cancer: A 2015 study in Environmental Health Perspectives revealed that men exposed to PFAS chemicals through drinking water contamination had a significantly higher risk of developing testicular cancer.

Beyond cancer, other health problems linked to AFFF and PFAS exposure include immune system suppression, high cholesterol levels, reproductive issues, and liver damage.

Environmental Impact of AFFF:

The environmental impact of AFFF and PFAS contamination is profound. PFAS chemicals are often referred to as “forever chemicals” because they do not break down in the environment, leading to persistent contamination in soil, water, and animal tissues.

Studies from the Environmental Protection Agency (EPA) reveal that PFAS contamination has been detected in water supplies near military bases, airports, and industrial facilities.

According to a 2024 report by the Environmental Working Group (EWG), an alarming number of U.S. water sources exceed safe PFAS levels, creating a major health crisis for communities near contamination sites.

In aquatic ecosystems, PFAS bioaccumulates in fish and other marine organisms, traveling up the food chain and potentially entering human food sources. Also, PFAS can travel through groundwater, affecting agriculture and contaminating crops.

Once ingested, PFAS compounds accumulate in the human body, where they remain for years, slowly building to potentially toxic levels.

What Are PFAS and Why Are They Dangerous?

PFAS, or per- and poly-fluoroalkyl substances, are synthetic chemicals made up of strong carbon-fluorine bonds, which make them highly resistant to degradation by environmental factors.

PFAS includes two common compounds: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). Both have been widely used in industrial applications and are known for their ability to repel water, oil, and heat.

Why PFAS Are Hazardous:

The main danger of PFAS chemicals lies in their ability to persist indefinitely in both the environment and the human body. This longevity allows them to accumulate over time, causing harmful effects even at low concentrations.

According to a study, PFAS compounds resist natural breakdown processes, meaning they can remain in soil and groundwater for decades or even centuries. Their persistence in human blood and organs has led to concerns over long-term health effects as PFAS accumulate with repeated exposure.

Health Conditions Linked to PFAS Exposure:

Health research has established connections between PFAS exposure and several diseases:

• Hormonal Disruptions: PFAS chemicals disrupt endocrine functions, particularly affecting thyroid hormones. As a result, individuals exposed to PFAS are at a higher risk of developing thyroid-related diseases.
• Metabolic Disorders: PFAS exposure has been linked to metabolic disorders like diabetes, as these chemicals can interfere with normal lipid and glucose metabolism.
• Reproductive Health Issues: PFAS exposure may impact reproductive health, potentially increasing the risk of infertility, pregnancy complications, and low birth weights.

Regulatory Concerns Around PFAS:

Given these health risks, federal and state regulators are increasingly focused on controlling PFAS contamination. The EPA, for example, recently issued advisory levels for PFOA and PFOS in drinking water, recommending that levels be kept as low as possible.

Some states, including California and Michigan, have established their own regulations, limiting PFAS concentrations in drinking water and setting stricter limits than federal guidelines.

Internationally, PFAS regulation is also gaining attention, with the European Union considering a total ban on PFAS chemicals. These regulations highlight the global recognition of PFAS as a serious environmental and public health threat.

AFFF Lawsuit Status & Updates

AFFF firefighting foam litigation has been gaining momentum as more individuals affected by PFAS exposure seek justice. Here’s an overview of the latest case updates and key developments in this ongoing litigation that AFFF firefighting foam lawyers have rushed to handle.

Major Case Management Orders and Lawsuits

Firefighting foam lawyers are staying on top of the AFFF class action lawsuit. The AFFF firefighting foam MDL consolidates everyone’s complaint to make it easier to include all those who have been negatively affected by AFFF firefighting foams.

November 3, 2024: Decrease in AFFF MDL Cases

The AFFF multidistrict litigation saw a sharp decline in pending cases, dropping from 9,896 at the start of October to 7,150 as of November 1, a decrease of 2,746 cases. This drop likely reflects the resolution of water contamination claims under the 2023 global settlement, allowing a renewed focus on personal injury cases.

October 28, 2024: Plaintiff Disclosures with CMO #31

On October 15, 2024, Judge Richard Gergel issued Case Management Order No. 31, establishing new requirements for submitting Plaintiff Profile Forms (PPFs). Plaintiffs must provide detailed documentation, including at least one exposure location and non-privileged medical records.

Law firms have up to 150 days to submit PPFs for larger caseloads and 60 days for smaller caseloads. Non-compliance could lead to case dismissals, underscoring the importance of staying in contact with legal teams.

October 23, 2024: New Navy Firefighter Case Filed

A new MDL case was filed by a plaintiff from Texas who claims repeated AFFF exposure during his U.S. Navy career led to thyroid cancer. The lawsuit targets manufacturers like 3M, Chemours, and DuPont, alleging that AFFF products caused serious health conditions linked to PFAS chemicals.

October 13, 2024: Bellwether Trial Preparations

The court has outlined trial timelines and evidence-sharing requirements for bellwether personal injury cases. Group A cases are scheduled for trial on October 6, 2025, with expert depositions and discovery set to conclude by May 2025. Deadlines for Group B cases extend further into 2025, focusing on thyroid and ulcerative colitis claims.

New Cases and Scientific Developments

As more about the firefighting foam AFFF lawsuit comes to light, there is more information available about recently discovered evidence to support the claim that these substances are harmful.

October 5, 2024: Submission of Expert Reports for PFAS-Cancer Link

Plaintiffs’ attorneys submitted expert reports providing scientific evidence linking PFAS exposure in AFFF to cancer. These reports are subject to Daubert challenges, where the defense may question the reliability of the evidence. Successfully admitting these reports could significantly bolster the plaintiffs’ case, potentially increasing pressure for settlements.

September 9, 2024: Telomer Water Provider Trial Scheduled

The first Telomer Water Provider case, separate from the 2023 3M settlement, is scheduled for trial on March 3, 2025. These cases focus on water contamination claims, which could impact the direction and resources for firefighter cancer cases.

August 22, 2024: Washington State Water Contamination Study

A University of Arizona study revealed widespread PFAS contamination in Washington’s water near a military base. Cleanup costs for U.S. water systems are projected to surpass $30 billion, underscoring the extensive financial impacts of PFAS contamination.

Regulatory and Legislative Actions

Here’s what has happened so far in terms of correcting the issue:

October 1, 2024: Massachusetts Advances PFAS Ban in Firefighting Gear

Massachusetts is advancing legislation to ban PFAS in firefighting gear by 2027, bolstering the arguments of AFFF plaintiffs. This legislative move supports the view that PFAS chemicals pose health risks, a critical factor in settlement discussions.

July 1, 2024: Air Force Replaces AFFF with Fluorine-Free Alternative

The U.S. Air Force has allocated $8.55 million to replace PFAS-based AFFF with a fluorine-free alternative (F3), part of the Department of Defense’s initiative to reduce PFAS use and exposure risk.

May 16, 2024: Legal Focus on Specific Health Conditions

The AFFF litigation now prioritizes six main health conditions linked to AFFF exposure: kidney cancer, testicular cancer, thyroid disease, hypothyroidism, ulcerative colitis, and liver cancer. These conditions have the strongest scientific links to PFAS and will play a central role in upcoming trials and settlement negotiations.

Who Is Eligible to File an AFFF Lawsuit?

Determining eligibility for an AFFF lawsuit is essential for potential claimants who believe they may have been harmed by exposure to AFFF foam. Eligibility criteria typically revolve around exposure type, health outcomes, and occupational or geographical factors.

Criteria for Filing an AFFF Lawsuit

To file a successful AFFF lawsuit, plaintiffs generally need to meet certain eligibility standards:

• Occupational Exposure: Firefighters, including municipal, airport, and industrial firefighters, are at the highest risk of exposure. Military personnel who have used AFFF in training exercises or emergency responses are also eligible due to the extensive use of AFFF at military installations.
• Residential Proximity to Contaminated Sites: Individuals living near military bases, airports, or industrial facilities where AFFF foam has been used may qualify if they can demonstrate PFAS contamination in local water supplies and health conditions linked to exposure.
• Medical Diagnoses Related to PFAS Exposure: Certain types of cancers and illnesses are strongly linked to PFAS exposure, including kidney cancer, thyroid cancer, and testicular cancer, as well as conditions like ulcerative colitis. Medical records linking a plaintiff’s diagnosis to PFAS exposure strengthen the case for eligibility.

Potential claimants should seek a consultation with experienced AFFF lawyers who can assess eligibility based on exposure history, occupation, residential factors, and health records. These factors will determine if a potential plaintiff has a viable claim for compensation.

AFFF Lawsuit Legal Basis

AFFF lawsuits rest on specific legal grounds designed to hold manufacturers and distributors accountable for the harm caused by AFFF foam. Plaintiffs often rely on several theories of liability, including negligence, product liability, and failure to warn.

Environmental Contamination

Many lawsuits are filed by municipalities and states against AFFF manufacturers, claiming environmental damage due to PFAS contamination of drinking water sources. These cases often involve claims under federal environmental laws like the Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The focus is on the cleanup costs and the damage caused to natural resources.

Negligence

Plaintiffs allege that AFFF manufacturers acted negligently by distributing a product containing toxic chemicals without proper safety measures. Plaintiffs argue that manufacturers should have anticipated the risks associated with PFAS exposure and should have taken steps to protect users and nearby residents.

Product Liability

Under product liability laws, companies are responsible for the safety of their products. In AFFF litigation, plaintiffs contend that the foam is inherently dangerous due to the presence of toxic chemicals like PFAS. This argument rests on the assertion that AFFF manufacturers knowingly marketed a hazardous product without adequate safeguards.

Failure to Warn

A key argument in AFFF lawsuits is that manufacturers failed to warn users about the risks associated with PFAS exposure. Plaintiffs claim that had manufacturers been transparent about AFFF’s potential health effects, they could have taken preventive measures to minimize exposure.

Statute of Limitations for AFFF Claims

The statute of limitations for filing an AFFF lawsuit varies by state, with most states setting limits between 2 and 3 years. For toxic tort cases like AFFF exposure, the statute of limitations typically begins when a plaintiff discovers, or should have reasonably discovered, that their health condition is linked to PFAS exposure.

In states with “discovery rule” provisions, plaintiffs may have additional time to file if they were unaware of the health risks related to their exposure. Consulting an AFFF lawyer is essential to ensure compliance with the statute of limitations, as timely filing is critical for a successful lawsuit.

Class Action vs. Individual Lawsuits

When considering an AFFF lawsuit, potential plaintiffs face an important decision: join a class-action lawsuit or pursue an individual claim. Each approach offers distinct advantages and drawbacks. The choice depends largely on the specifics of each case, including the nature of exposure, health outcomes, and desired compensation.

Class Action Lawsuits

In a class-action lawsuit, multiple plaintiffs join forces in a single case against a common defendant. Class actions are often used when numerous individuals have been harmed by the same product or practice—in this case, exposure to AFFF firefighting foam and its toxic chemicals.

Pros:

• Streamlined Process: Class actions combine similar cases, which means plaintiffs can share resources and reduce overall legal fees. This can be an efficient way to seek compensation for plaintiffs with similar health issues related to AFFF exposure.
• Consistent Outcomes: Class actions often lead to uniform settlements by grouping cases with similar facts. Plaintiffs may find this appealing if they prefer a standardized approach and do not want to risk an unpredictable trial outcome.
• Lower Legal Costs: Legal fees in class actions are typically spread among many plaintiffs, making them a more cost-effective option, particularly for plaintiffs with relatively minor injuries or those who lack the resources to file an individual suit.

Cons:

• Limited Compensation: Settlement amounts in class actions are often standardized and can be lower than the damages awarded in individual lawsuits. The compensation in a class action may not fully account for severe health impacts, such as cancer, which may warrant a larger individual payout.
• Reduced Control: Plaintiffs in a class action typically have less control over the litigation strategy, including decisions about settlements and case presentation. These decisions are often made by lead attorneys or representatives, which can limit individual input.

Individual Lawsuits:

In contrast, an individual AFFF lawsuit is filed by a single plaintiff (or a small group with closely related claims) who seeks compensation for personal injuries caused by AFFF exposure. This option is more customized, allowing plaintiffs to present their unique circumstances and pursue compensation tailored to their specific health outcomes.

Pros:

• Potential for Higher Compensation: Individual cases have the advantage of focusing solely on the specific plaintiff’s damages, including extensive medical costs, lost wages, pain and suffering, and other factors. For plaintiffs with significant injuries, such as cancer or other severe conditions linked to toxic firefighting foam, this can lead to higher compensation amounts than a class-action payout.
• Greater Control: Plaintiffs in individual lawsuits have more control over the direction of their case. They can make decisions about trial proceedings, negotiate directly on settlement offers, and have a personal say in case strategy.

Cons:

• Higher Legal Costs: Individual lawsuits often come with higher legal fees, which can be daunting for some plaintiffs. Although many AFFF lawyers operate on contingency (collecting fees only if the case is successful), the cost of expert testimony and evidence gathering in an individual case can add up.
• Longer Litigation Process: Individual cases can take longer to reach resolution, especially if they go to trial. This extended timeline can be challenging for plaintiffs seeking immediate financial relief.

How to File an AFFF Lawsuit

If you’re considering filing an AFFF lawsuit, the process can seem daunting, but understanding the steps involved can make it far more manageable.

1. Understand the Health Impact and Link to AFFF

The first step in any AFFF lawsuit is to confirm a connection between your health condition and AFFF exposure. This typically involves understanding the risks associated with AFFF, especially the potential link to cancers such as kidney and thyroid cancer, among other health conditions.

To start, consult healthcare providers and gather any relevant diagnoses and treatment records. Make sure to mention your potential exposure to AFFF so that your medical history accurately reflects this link. This information will be foundational for your claim and will help your lawyer establish a strong case.

2. Gather Evidence of AFFF Exposure

To strengthen your lawsuit, gathering comprehensive documentation of your exposure to AFFF is essential. This can include anything that proves you were exposed to AFFF foam over time, whether through direct contact as a firefighter or in areas near airports, military bases, or other high-risk locations.

Key documents that can support your case include:

• Work Records: If you were exposed to AFFF foam through your job (e.g., firefighter, military personnel), collect employment records that show your position, duties, and work locations. Firefighters or military personnel, for example, should obtain records that detail their assignments and duties involving firefighting foam.
• Location Records: If you lived or worked near sites known to use AFFF, records of your residence or work locations can help. For example, individuals living near military bases or airports may want to provide lease agreements, utility bills, or tax records to establish their proximity to these high-risk locations.
• Personal Logs: Some plaintiffs have personal records or logs of exposure, including dates and circumstances of contact with AFFF. If you have any notes or logs related to your exposure, these can serve as supporting evidence.
• Medical Records: Gather detailed medical records that document your diagnosis and treatment history. You’ll need to demonstrate a clear connection between your health issues and your exposure to AFFF, so these records are crucial.

This documentation will be instrumental in building your case and can provide your attorney with the necessary foundation to effectively connect your health condition to your AFFF exposure.

3. Find the Right Legal Representation

Selecting the right attorney is one of the most crucial steps in filing an AFFF lawsuit. Experienced AFFF lawyers understand the specifics of AFFF litigation and have access to resources and expert witnesses that can strengthen your case.

Look for attorneys who specialize in environmental law, toxic exposure, and personal injury claims, as they are typically best suited for AFFF cases.

When choosing a lawyer, consider the following:

• Experience with AFFF Lawsuits: Ask potential attorneys about their experience handling AFFF or similar toxic exposure cases. Do they have a track record of successful settlements or trial wins in this area?
• Contingency-Based Representation: Many AFFF attorneys work on a contingency basis, which means they only get paid if you win your case. This can be beneficial if you’re concerned about upfront costs.
• Resources and Access to Experts: A strong AFFF lawsuit often requires expert witnesses to testify about the health impacts of AFFF exposure and to establish causation. Choose a lawyer with access to these resources.
• Communication and Transparency: Filing a lawsuit can be a long process, so it’s essential to work with an attorney who is communicative, keeps you updated, and provides realistic expectations about your case.

Scheduling initial consultations with several attorneys can help you find one that fits your needs and feels like a trustworthy partner.

4. File the Claim and Complete Necessary Paperwork

Once you’ve chosen an attorney, they’ll start by filing your claim. Your attorney will handle the legal documents, filing the complaint in the appropriate court, and naming the defendants (typically the manufacturers of AFFF and related toxic chemicals). They will draft the complaint, outlining your exposure history, health impacts, and the compensation you are seeking.

Expect to discuss details such as:

• Statute of Limitations: Filing deadlines, or statutes of limitations, are critical in AFFF cases. Your attorney will ensure your claim is filed within the allowable timeframe, which can vary by state.
• Named Defendants: In many AFFF cases, multiple companies are named as defendants, especially manufacturers and suppliers of AFFF foam. Your attorney will determine the most relevant companies to include in your case.
• Statement of Claims: The complaint will include a clear statement of your claims, including how AFFF exposure harmed you, the extent of your injuries, and the compensation sought.

After filing, your attorney will serve the defendants, who will have an opportunity to respond to the complaint. From here, the case officially moves forward.

AFFF Lawsuits Potential Settlement Amounts

Types of compensation available, including medical expenses, lost wages, and punitive damages. Discuss factors that affect compensation amounts and potential obstacles, such as proving exposure and linking it to health conditions.

Settlements in AFFF lawsuits aim to cover financial impacts like medical expenses, lost wages, and punitive damages. While each case is different, general projections can give an idea of what to expect based on case details, illness severity, and evidence quality.

Here’s a breakdown of the types of compensation available and factors that affect settlement amounts.

• Medical Expenses: Covers past and future treatment costs due to AFFF exposure.
• Lost Wages: Provides compensation for missed work or reduced earning capacity.
• Pain and Suffering: Addresses physical and emotional distress related to illness.
• Punitive Damages: Intended to penalize manufacturers for potential negligence.

Typical settlement tiers:

• Top-Tier: $200,000 – $500,000 for severe cases like kidney or pancreatic cancer with strong exposure evidence.
• Mid-Tier: $150,000 – $300,000 for conditions with moderate evidence, like thyroid or bladder cancer.
• Lower-Tier: $20,000 – $75,000 for less severe cases or minimal exposure documentation.

Factors That Affect Compensation Amounts

A variety of factors influence the final settlement amount in AFFF cases:

• Severity of the Health Condition: Plaintiffs with severe, life-threatening conditions like kidney cancer or pancreatic cancer generally receive higher compensation due to the increased medical costs, long-term impact, and higher pain and suffering associated with these illnesses.
• Strength of Evidence: The stronger a plaintiff’s case, the more evidence they have linking their condition to AFFF exposure. This could include extensive medical records, work history, and scientific studies showing a clear link between AFFF and specific health conditions.
• Duration and Intensity of Exposure: Plaintiffs with prolonged, high-frequency exposure to AFFF foam (such as career firefighters and military personnel) are more likely to receive higher settlements than those with shorter-term or lower-intensity exposure.
• Impact on Earning Potential: If exposure to AFFF has permanently affected a plaintiff’s ability to work, compensation may be higher to account for lost income and diminished future earning potential.
• Quality of Life Impact: Settlements may also consider the non-economic effects of AFFF exposure, such as emotional distress, reduction in daily activities, and physical limitations.
• Manufacturer Negligence: Evidence showing that manufacturers were aware of the risks but failed to take action or provide warnings can result in higher settlement amounts, especially if punitive damages are awarded.

While many AFFF cases are still pending, some settlements and agreements highlight the compensation scale. For example, a $10.3 billion settlement was reached with 3M to address municipal water contamination claims, marking one of the largest agreements in PFAS litigation.

Also, recent individual settlements for severe cancer cases have ranged from $300,000 to $500,000, setting important precedents for ongoing and future personal injury claims. These figures indicate potential outcomes for individual plaintiffs as more AFFF cases move through the legal system.

Current Legislation and Regulatory Actions

In 2024, new legislative and regulatory measures were introduced to reduce PFAS exposure, especially in firefighting applications. The EPA introduced strict limits for PFAS in drinking water, setting levels as low as four parts per trillion.

This rule mandates public water systems to monitor and mitigate PFAS levels, reflecting a growing emphasis on addressing PFAS contamination in community water supplies. Additionally, in February 2024, the EPA proposed adding nine PFAS compounds to the Resource Conservation and Recovery Act (RCRA), classifying them as hazardous and increasing oversight of their disposal.

At the state level, Massachusetts has been particularly proactive. On July 29, 2024, the Massachusetts legislature passed Senate Bill 2902, which bans the intentional inclusion of PFAS chemicals in firefighting personal protective equipment (PPE).

Effective January 1, 2027, this bill will prohibit the manufacture, sale, and distribution of PFAS-containing PPE, setting a critical precedent for other states to follow and reducing the exposure risk for firefighters.

These measures bolster the case for plaintiffs in AFFF lawsuits, as they officially acknowledge PFAS’s hazardous nature. For individuals pursuing claims, these regulations emphasize the risks posed by PFAS and strengthen legal arguments against manufacturers.

Additionally, enforceable limits and product bans support claims of negligence and failure to warn, adding weight to ongoing AFFF litigation.

AFFF Lawsuit FAQs

Do All AFFF Contain PFAS?

Not all AFFF contains PFAS, but many formulations historically relied on these chemicals due to their effectiveness in firefighting, particularly for fuel-based fires.

Modern alternatives, however, are being developed and adopted as awareness grows about the health risks of PFAS. If you’re uncertain whether you were exposed to PFAS-containing AFFF, consulting with your employer’s records or a knowledgeable attorney can help clarify.

Can I File A Claim If I Am No Longer In The Military?

Yes, you can file a claim even if you are no longer serving in the military. Many former military personnel, including retired firefighters, have successfully filed claims related to PFAS exposure from AFFF.

The key is to document your exposure and link it to your health issues. Whether you were exposed during active service or afterward, you may still be eligible to pursue compensation.

Are There Any Upfront Legal Costs?

Most AFFF lawyers work on a contingency basis, meaning there are typically no upfront legal fees. With this arrangement, you only pay if your case is successful and you receive compensation. This fee structure ensures that you can seek justice and hold manufacturers accountable without financial risk.

What If The Exposure Happened Decades Ago?

You may still be eligible to file a claim, even if your exposure occurred years ago. Many AFFF lawsuits hinge on the “discovery rule,” which allows claims to proceed if you only recently discovered the link between your health condition and PFAS exposure. A legal professional can help you navigate the statute of limitations and assess your eligibility.

Conclusion

AFFF exposure is a growing concern, with numerous studies linking the toxic chemicals in firefighting foam to serious health issues, including various cancers and long-term environmental harm.

Thousands of AFFF lawsuits have already been filed, and as awareness spreads, even more individuals may come forward with claims. These cases aren’t just about financial compensation, they’re about holding manufacturers accountable and protecting the health and safety of those who have been unknowingly exposed.

If you or a loved one suspects that health problems may be linked to AFFF exposure, now is the time to take action. Consulting with an experienced AFFF lawyer can help you determine whether you’re eligible for compensation and guide you through the complex legal process.

If you’re a firefighter, military personnel, or someone living near a site where AFFF has been used, exploring your legal options can provide peace of mind. Legal action could also offer vital support for medical and other related expenses.

Disclaimer: The information provided in this article is for informational purposes only and does not constitute legal advice. Readers should consult with a licensed attorney for legal guidance regarding their specific situation. The content is not intended to create, and receipt of it does not constitute an attorney-client relationship.