AFFF Lawsuit

Updates and Settlement Information

LAWSUIT STATUS: New Cases Being Accepted

Aqueous film forming foam (AFFF) lawsuits are being filed by firefighters, military personnel and individuals who developed cancer or other health issues from exposure to toxic chemicals in AFFF. Lawsuits also involve allegations that AFFF chemicals contaminating drinking water near military bases and airports, leading to similar health problems.

Firefighters, military personnel, airport workers, and others exposed to the firefighting foam chemicals that developed any of the following conditions;

  • Testicular Cancer
  • Kidney Cancer
  • Pancreatic Cancer
  • Prostate Cancer
  • Breast Cancer
  • Liver Cancer
  • Bladder Cancer
  • Thyroid Cancer
  • Thyroid Disease (Hypothyroidism or Hyperthyroidism)
  • Graves Disease
  • Hashimotos Disease

AFFF Firefighting Foam Lawsuit Overview

The AFFF lawsuit is a two-pronged litigation that revolves around the undisclosed health risks of aqueous film forming foam (AFFF) containing per- and polyfluoroalkyl substances (PFAS). While the firefighting foam has been heavily used by military and civilian firefighting organizations since the 1960s to combat petroleum-based fires, AFFF chemicals have been linked to cancer and other significant health and environmental concerns.

AFFF Foam Lawsuits

The first prong of the lawsuit centers around firefighters and military personnel who have been directly exposed to the PFAS chemicals in AFFF firefighting foam. Scientific evidence has shown that AFFF exposure elevates the risk of various cancers and diseases, particularly affecting those in frequent contact with these substances during training and active duty.

Firefighters, military, and airport personnel are now filing AFFF lawsuits against manufacturers claiming side effects could have been avoided if manufacturers had properly researched and warned about the dangers of AFFF.

PFAS Water Contamination Lawsuits

The second prong of the AFFF litigation focuses on side effects caused by PFAS groundwater and drinking water contamination. Research has revealed that PFAS chemicals in AFFF have leached into waterways and drinking water supplies in residential areas surrounding military bases and firefighting training facilities.

PFAS water contamination lawsuits are being filed against AFFF manufacturers claiming this widescale contamination has exposed numerous civilians to toxic chemicals, potentially causing similar adverse health effects, including various cancers.

Who is the AFFF Lawsuit Against?

AFFF lawsuits are being filed against companies that provided AFFF firefighting foam to various entities such as fire departments, military bases, and airports, including;

  • DuPont
  • 3M
  • Chemours
  • Kidde-Fenwal
  • Tyco Fire Products
  • Chemguard Inc.
  • ChemDesign Inc.
  • Other AFFF manufacturers

Who May Qualify for AFFF Settlements?

Financial compensation may be available through an AFFF lawsuit for firefighters, military personnel, and others who have been exposed to AFFF chemicals, and suffered any of the following complications:

  • Testicular Cancer
  • Kidney Cancer
  • Pancreatic Cancer
  • Prostate Cancer
  • Breast Cancer
  • Liver Cancer
  • Bladder Cancer
  • Thyroid Cancer
  • Thyroid Disease (Hypothyroidism or Hyperthyroidism)
  • Graves Disease
  • Hashimotos Disease

To determine if you or a loved one qualify for an AFFF firefighting foam lawsuit settlement, submit information for review by an AFFF lawyer, who will evaluate the circumstances of your potential claim.

Attorneys handle all AFFF foam lawsuits on a contingency fee basis, which means that there are no fees or expenses paid unless a settlement or lawsuit payout is received.

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Firefighting Foam Lawsuits

Exposure to firefighting foam chemicals may result in an increased risk of cancer for firefighters, military and airport personnel.

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AFFF Lawsuit Status and Updates

Exposure to aqueous film forming foam (AFFF) used to fight fuel-based fires may be responsible for causing testicular cancer, kidney cancer and other cancers among firefighters, military service members and airport personnel. 

Product liability lawyers are reviewing individual AFFF firefighting foam lawsuits and potential class action claims for individuals who exposed to AFFF in recent years, seeking financial compensation and settlement benefits for injuries that may have been avoided if warnings and safety recommendations had been provided.

  • March 2024 AFFF Update: The FDA announced a ban on PFAS in food packaging containers, indicating the food manufacturing industry has phased out the use of the chemicals, which were previously found in fast food wrappers, microwave popcorn bags, take-out containers, pet food bags and a variety of other products. The ban follows concerns over PFAS exposure risks linked to cancers, endocrine disruptors, and other adverse health effects.
  • January 2024 AFFF Lawsuit Update: The U.S. District Judge managing the AFFF firefighting foam MDL issued a case management order allocating 24 weeks for the parties to conduct core discovery on a pool of select AFFF lawsuits. The case management order stipulates that the parties must present a strategy for choosing plaintiffs for the initial bellwether trial pool, along with outlining the steps leading to the selection of the first AFFF MDL bellwether case for trial.
  • July 2023 AFFF Lawsuit Update: On June 22, 3M entered into a firefighting foam water contamination settlement agreement with thousands of municipalities and water providers nationwide. The company has agreed to pay as much as $12.5 billion to water systems currently known to be contaminated with PFAS chemicals, and those which may test positive for contamination in the future. The settlement came after the first trial, involving the city of Stuart, Florida, was delayed due to a possible resolution to AFFF drinking water contamination claims.However, nearly two dozen states have opposed the settlement agreement, saying it does not do enough to hold 3M accountable for damage to their drinking water supplies.
  • June 2023 AFFF Lawsuit Update:On May 5, the court directed the parties to select 28 firefighter foam personal injury lawsuits for the second bellwether pool involving plaintiffs who say they were exposed to AFFF through drinking water contamination, as opposed to direct exposure.
  • October 2022 AFFF Lawsuit Update: In October, a federal judge selected the first case to serve as a bellwether trial, which is scheduled to go before a jury in June 2023.
  • September 2022 AFFF Lawsuit Update: In September, a federal judge rejected an effort to have firefighter foam water contamination lawsuits dismissed by 3M, denying the use of a “government contractor defense” argument to avoid liability. Following the rejection of the government contractor defense, the Court will continue with planned bellwether trials, which will be scheduled to help the parties gauge how juries are likely to respond to certain evidence and testimony that is being repeated throughout the litigation.

What Chemicals in AFFF Can Cause Cancer?

AFFF firefighting foams used by firefighters contain cancer causing chemicals known as poly- and perfluorinated alkyl substances (PFAS), including perfluoroctanesulfonic acid (PFOS) and perfluoroctanoic acid (PFOA).

While PFAS in AFFF products are crucial for smothering fuel-based fires due to their unique chemical characteristics, these same characteristics can contribute to their persistence and accumulation in the human body by binding to blood proteins and disrupting normal bodily functions, which can increase the risk of cancer.

The chemicals are non-biodegradable and are estimated to persist for thousands of years, leading to their designation as “forever chemicals”.

Before PFAS were utilized in AFFF, these chemicals were not commonly detected in the human body. However, the compounds in fire foam are now recognized as toxic and carcinogenic, and have been associated with a range of health issues such as liver damage, thyroid disorders, reduced fertility, high cholesterol, obesity, hormonal disruptions, and various forms of cancer.


Does Aqueous Film Forming Foam Exposure Cause Cancer?

The U.S. Centers for Disease Control and Prevention (CDC) and the American Cancer Society have both identified chemicals in AFFF firefighting foam as carcinogens affecting humans. In recent years, a number of studies have been published in peer reviewed medical journals finding a strong link between AFFF chemical exposure and certain types of cancer, and other diseases.

Testicular Cancer From AFFF Chemical Exposure

In a study published in Environmental Health Perspectives in July 2023, researchers found that Air Force servicemen exposed to higher levels of certain PFAS chemicals used in AFFF foam faced an increased risk of developed testicular cancer.

Researchers found that for Air Force servicemen with the highest levels of PFOS in their blood samples, the increase in risk for testicular cancer ranged from 10% to as high as 540% compared to those with the lowest levels.

After adjusting for other types of PFAS chemical exposure, this risk of testicular cancer ranged from 40% to 1410%.

Kidney Cancer Risks From AFFF Chemicals

In a study published in the Journal of the National Cancer Institute in September 2020, researchers from the Occupational Environmental Epidemiology Branch found that individuals with the highest levels of PFOA (a type of PFAS) in their blood serum were more than twice as likely to develop kidney cancer compared to those with the lowest levels.

According to a study published in Med Lav in October 2023, researchers conducted a stratified analysis of fifteen studies published in peer reviewed medical journals analyzing the carcinogenic effects of PFAS exposure, finding,

  • People exposed to high levels of PFAS were 74% more likely to develop kidney cancer than those not exposed.
  • People exposed to high levels of PFAS were 122% more likely to develop testicular cancer than those not exposed.

AFFF Chemicals and Bladder Cancer

According to the findings of a study published in the medical journal Environmental Health Insights in February 2022, researchers found that residents of a town in New Hampshire with confirmed PFAS contamination in its water supply were at an increased risk of bladder cancer, and several other types of aggressive and potentially fatal cancers.

Researchers compared the incidence of 24 types of cancer in the Merrimack, New Hampshire community with confirmed PFAS water contamination and comparted the rates to the U.S. national averages. The study found that over a 10 year period, residents in Merrimack exposed to PFAS contaminated water were at an increased risk of;

  • Bladder Cancer: 45% higher risk
  • All-Cause Cancer: 34% higher risk
  • Thyroid Cancer: 47% higher risk
  • Esophageal Cancer: 71% higher risk

AFFF Chemicals and Prostate Cancer

In the same study performed on residents exposed to PFAS chemicals in Merrimack, New Hampshire drinking water, researchers compared the rates of prostate cancer of Merrimack residents to those in four demographically similar New England towns without PFAS exposure.

According to the findings, individuals exposed to the PFAS chemicals used in AFFF foam faced a 36% increased risk of developing prostate cancer when compared to residents in communities without PFAS contaminated drinking water.

AFFF Chemicals and Thyroid Cancer

In a study published in The Lancet in November 2023, researchers identified a strong link between PFAS chemicals that are heavily used in AFFF, and the risk of developing thyroid cancer, with a notably higher risk observed over time.

Researchers found that for every doubling of the concentration of PFAS chemical in the blood, there was a 56% increase in the rate of thyroid cancer diagnosis. The risk was even greater for those with higher concentrations, with some facing a 167% increase in the risk of developing thyroid cancer.

AFFF Chemicals and Thyroid Disease

In a research article published in Frontiers in Endocrinology in June 2023, researchers stated that exposure to PFOA, a type of PFAS chemical used in AFFF, at concentrations of 10 ng/mL or more, can significantly reduce the thyroid cells’ ability to absorb iodide when stimulated by thyroid-stimulating hormone (TSH). This reduction was quantified as a decrease from the normal response of about 189% to around 120-115% with PFOA exposure.

The study suggests that PFOA directly interacts with the TSH receptor, impacting key thyroid functions and gene expressions related to thyroid hormone production, which can increase the risk of thyroid disease.

AFFF Chemicals and Pancreatic Cancer

In a study published in the medical journal Carcinogenesis researchers gave mice drinking water containing the chemicals PFOA, which is commonly used in AFFF used by firefighters and military personnel. The aim of the study was to determine the influence of the PFOA exposure and pancreatic cancer progression.

According to the findings, after six months of exposing the mice to drinking water contaminated with PFOA, the mice showed a significant increase in early signs of pancreatic cancer. Specifically, after 6 months, the area of the pancreas showing these early cancer signs (called PanIN lesions) increased by 58%, and the number of these lesions doubled. Researchers also identified an increase in collagen in the pancreas of these mice, which is often associated with the stromal response in pancreatic cancer, potentially contributing to tumor progression.

AFFF Chemicals and Liver Cancer

In a study published in JHEP Reports in October 2022, researchers discovered that high levels of PFOS in blood samples are associated with significant alterations in liver metabolism. These findings imply that PFOS, a chemical commonly used in AFFF, can interfere with the liver’s normal fat processing and lead to excessive fat buildup.

The study indicated the disruption and accumulation of fat in the liver are potential factors that can elevate the risk of developing liver cancer.

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How Does AFFF Exposure Cause Cancer?

Lawsuits have pointed to a number of different studies that indicate how exposure to PFAS chemicals in AFFF foam can cause cancer. Some of the most common mechanisms that are raised in medical research include;

Bioaccumulation and Persistence

PFAS are known for their ability to persist in the environment and accumulate in the bodies of living organisms, including humans. This persistence and bioaccumulation can lead to prolonged exposure, which increases the risk of cancer.

Disruption of Cellular Processes

PFAS can interfere with various cellular processes. They can disrupt hormone function, particularly by mimicking or interfering with the action of hormones like estrogen and thyroid hormones. Hormonal imbalances are known to play a role in the development of certain types of cancer.

Immune System Suppression

Studies have shown that PFAS exposure can lead to immune system suppression. A weakened immune system is less capable of identifying and destroying cancer cells, thereby increasing the risk of cancer development.

Genotoxicity

Some PFAS compounds have been found to be genotoxic, meaning they can damage DNA. DNA damage is a critical step in the development of cancer, as it can lead to mutations and genomic instability.

Promotion of Tumor Growth

Evidence suggests that certain PFAS compounds may promote tumor growth. They might help in the proliferation of cancer cells or the creation of environments conducive to cancer growth.

Inflammation

Chronic inflammation is a well-known risk factor for many types of cancer. PFAS exposure can lead to chronic inflammation in various tissues, which may contribute to cancer development.


AFFF Side Effects

The Agency for Toxic Substances and Disease Registry (ASTDR) indicates that human exposure to PFAS chemicals commonly used in AFFF foam are linked not only to an increased risk of cancer but also to a range of other health issues, including;

  • Impaired functioning of the immune system
  • Hormonal imbalances
  • Damage to the liver
  • Higher cholesterol levels
  • Fertility complications and pregnancy-related preeclampsia/hypertension
  • Developmental problems in fetuses and children
  • Decreased vaccine response in children
  • Greater likelihood of thyroid disease and asthma

AFFF Firefighting Foam MDL

As a growing number of AFFF firefighting foam lawsuits and AFFF ground water contamination lawsuits began to be filed across various U.S. District Courts, a group of plaintiff’s submitted a motion to transfer to the U.S. Judicial Panel on Multidistrict Litigation in September 2018, requesting all fire-fighting foam lawsuits filed throughout the federal court system to be consolidated before one judge for coordinated pretrial proceedings.

In response to the motion, the U.S. JPML issued a transfer order (PDF) in December 2018, ordering all claims to be consolidated under an Aqueous Film Forming Foams Products Liability Multidistrict Litigation (MDL), and for all claims to be centralized in the U.S. District Court for the District of South Carolina under Judge Richard M. Gergel.

At the time of the order, there were 75 claims pending in 8 different courts. However, as of 2024, nearly 7,000 AFFF lawsuits have been filed in the Aqueous Film Forming Foams Products Liability MDL, and potentially thousands of additional claims are being investigated by attorneys nationwide.

The centralization under an MDL is common in complex litigations, and aims to make the process more efficient and consistent. The MDL process allows for coordinated discovery and consistent rulings on pretrial motions, as well as the potential for bellwether trials that could set the stage for potential settlements or further legal proceedings.

As part of the coordinated pretrial proceedings in the AFFF MDL, Judge Richard M. Gergel has established a bellwether process, where several groups of representative claims involving similar allegations are being prepared for early trial dates, to help gauge how juries are likely to respond to certain evidence and testimony. The first bellwether group involved claims brought by local water suppliers, who incurred damages removing the toxic chemicals from drinking water. However, an AFFF settlement was reached before that first trial was set to begin in 2023.

In 2024, the parties are now preparing a group of AFFF personal injury lawsuits for early trial dates, limiting claims to those involving individuals diagnosed with specific injuries after drinking contaminated water from certain areas, where high levels of PFAS chemicals are known to be in the water supply. A future bellwether group involving firefighter cancer lawsuits is expected to be established.

Following any bellwether trials, if AFFF lawsuit settlements are not reached by the product manufacturers to resolve different categories of claims, each individual case may later be remanded to U.S. District Courts nationwide for separate trial dates to determine the amount of each AFFF lawsuit payout.

What is the average payout for AFFF lawsuits?

The average payout for an AFFF lawsuit can vary significantly depending on various factors. It is important to note that there is no fixed or predetermined average payout for AFFF lawsuits.

AFFF settlement amounts can range from thousands to millions of dollars, and each case is evaluated on its own merits. Consulting with experienced firefighting foam lawyer can provide a better understanding of the potential compensation that may be pursued based on the specific details of your case.

What Determines AFFF Lawsuit Settlement Amounts?

While settlements have been reached to resolve claims brought by local water providers, there have not been any global AFFF firefighter settlements or PFAS water contamination settlements paid to individuals diagnosed with specific injuries. However, several factors are likely to influence the average AFFF lawsuit settlement amount that individual plaintiffs may receive in the future, including:

  • Severity of injuries: The extent and severity of the physical, emotional, and financial damages suffered by the individual can play a significant role in determining the firefighter cancer lawsuit settlement amount.
  • Medical expenses: The costs associated with medical treatments, surgeries, hospital stays, rehabilitation, and ongoing care related to the injuries caused by AFFF exposure can contribute to the settlement amount.
  • Lost wages and future earning capacity: If the injuries have resulted in the inability to work or have affected the individual’s future earning potential, the AFFF lawsuit settlement may account for the lost wages and potential income that could have been earned.
  • Pain and suffering: Compensation may be awarded for the physical and emotional pain, suffering, and diminished quality of life experienced as a result of the injuries caused by AFFF exposure.

It is important to consult with experienced firefighting foam lawyers to assess the specific details of your case and determine the potential settlement amount based on these factors.


AFFF Lawsuit Examples

Air Force Firefighter AFFF Testicular Cancer Lawsuit: Gary Flook and his wife, Linda filed an AFFF testicular cancer lawsuit in  the U.S. District Court for the District of South Carolina on August 4, 2022, claiming the manufacturers of AFFF products knew or should have known that firefighting foam products contained toxic PFAS chemicals that could increase the risk of cancer.

Flook’s lawsuit claims that as a direct result of being exposed to AFFF chemicals during his time as a firefighter for the Air Force, he was later diagnosed with testicular cancer in 2000, requiring him to undergo an orchiectomy to remove one or both testicles, and chemotherapy.

Firefighter AFFF Kidney Cancer Lawsuit: Former U.S. Air Force firefighter Thomas Watkins filed and AFFF kidney cancer lawsuit in the U.S. District Court for the District of South Carolina on January 10, 2022, claiming 3M Company, DuPont, BASF Corporation and a host of other safety equipment and chemical companies failed to warn about the side effects of AFFF exposure.

Watkins lawsuit states that he served as a firefighter in the U.S. Air Force from 1971 through 1974, and that during this time was frequently exposed to AFFF products containing PFOA and PFOS. As a result of this exposure, Watkins claims he developed kidney cancer and was required to undergo a nephrectomy on his right kidney.

AFFF Bladder Cancer Lawsuit: Lon Holliday, Jr. filed an AFFF bladder cancer lawsuit in the U.S. District Court for the District of South Carolina on September 28, 2020, claiming his exposure to aqueous film-forming foams (AFFFs) during his work as firefighter caused him to develop bladder cancer.

Holliday states that he was given aqueous film forming foam (AFFF) to help fight fires on a regular basis and was never warned that AFFF contained carcinogenic chemicals that could cause side effects.

Firefighting Foam Prostate Cancer Lawsuit: John Wilkes filed an AFFF prostate cancer lawsuit in the U.S. District Court for the District of South Carolina on July 13, 2023, claiming his prostate cancer was caused by exposure to chemicals in aqueous film forming foam during his time as a firefighter.

Wilkes complaint alleges 3M Company, Chemours, Du Pont, and numerous other chemical and safety equipment manufacturers intentionally concealed known health risk related to AFFF products, causing himself, and many others to be exposed to cancer causing chemicals for decades.

AFFF Medical Monitoring Class Action Lawsuit: Thomas J. Gentile, Tommy McGarry and Charles O’Keefe filed a Firefighter medical monitoring lawsuit in the U.S. District Court for the Eastern District of New York on May 27, 2020, calling for manufacturers and distributors of the AFFF foam to pay for medical monitoring of firefighters who were exposed to toxic chemicals in the flame retardant substance.

The lawsuit seeks class action status for the plaintiffs and other New York firefighters who are similarly situated and now at risk of developing cancer and other side effects caused by AFFF products.

AFFF Wrongful Death Lawsuit: Tina Sue Novotny filed an AFFF wrongful death claim in the U.S. District Court for the District of South Carolina in May 2021, on behalf of the Estate of Dennis Harrison Novotny, who died in May 2019 after developing pancreatic cancer following years of service as a Colorado firefighter.

Novotny claims her husbands fatal pancreatic cancer caused by AFFF exposure could have been prevented if AFFF manufacturers had adequately researched and warned about the potential side effects.

PFAS Drinking Water Contamination Lawsuit: Erik Schilling filed a water contamination lawsuit in in the U.S. District Court for the District of South Carolina on March 2, 2021, claiming he developed prostate cancer after drinking water contaminated by AFFF chemicals from 1973 until at least 1995.

Schilling’s complaint states he lived in New Castle County, Delaware, near the Wilmington-New Castle Airport, where AFFF products were regularly used. As a result of the use of the firefighting foam at the airport, the lawsuit indicates that the local water supply has been contaminated for decades, exposing surrounding residents.


Find Out if You Qualify for an AFFF Lawsuit

Firefighting foam cancer lawyers offer free consultations and claim evaluations to assess whether individuals may be eligible for financial compensation and settlement benefits related to health issues, injuries, or adverse effects resulting from exposure to AFFF firefighting foam.

How to File an AFFF Lawsuit?

If you or a loved one have been affected by AFFF exposure and wish to explore the possibility of pursuing a firefighter cancer lawsuit,  request a free consultation and claim evaluation by providing details about your potential AFFF lawsuit for review by a lawyer.

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5 Comments

  • JamesNovember 30, 2023 at 6:22 pm

    I had kidney cancer they removed 1/2 kidney put me in recovery and rest of kidney ruptured and I lost 11 pints of blood died twice and ended up loosing the use of my right arm ( and I’m a mechanic) it was called fasciotomy on my arm this stuff is really bad and I wish I was never a volunteer firefighter and we r about to loose everything we own it happened in January 17 2023 and in hospital for 1[Show More]I had kidney cancer they removed 1/2 kidney put me in recovery and rest of kidney ruptured and I lost 11 pints of blood died twice and ended up loosing the use of my right arm ( and I’m a mechanic) it was called fasciotomy on my arm this stuff is really bad and I wish I was never a volunteer firefighter and we r about to loose everything we own it happened in January 17 2023 and in hospital for 18-20 days and I’m still not working ( I can’t ) said it could take two years to get my arm back maybe

  • GerardSeptember 7, 2023 at 7:42 pm

    I was a Fire Fighter in the military from 1970-74 on a ship.. Used Fire Fighting Foam in many Naval schools .....Came down with Prostate Cancer after my Discharge,,,hade 6 months to live, but V.A. Hospital saved my life with Radiation treatment..

  • RICKAugust 26, 2022 at 7:15 am

    i was in navy in 94-96 got sick in 2001 testicular cancer /remove test an 4/ -16 lymn wer cancer ajj this at 28 years old ,life never been the same an chemo an g=blander remove bc of chemo an 3 hernia surguies an 3 failed meshes an lot more that.s not all i have had a rough time an health is not good .that afff is bad new i dont wish this on no one no one.

  • JasonFebruary 6, 2021 at 10:23 pm

    I had testicular cancer in 2016. I am prior USN

  • RobinDecember 12, 2020 at 8:34 am

    So, I guess, this may cause SKIN CANCER TOO ??? RLC...

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