AFFF Lawsuit: Latest Firefighter Foam Lawsuit Updates (2024)

What is AFFF?

AFFF is a fire suppressant used primarily to extinguish petroleum-based fires in military, aviation, and industrial settings. It spreads a thin aqueous film that rapidly cuts off the oxygen supply, suffocating the fire.

Though extremely effective, AFFF has come under scrutiny. Researchers continue to uncover significant health risks and environmental concerns stemming from its chemical composition. AFFF contains per- and poly-fluoroalkyl substances, commonly known as PFAS.

PFAS includes more than 9,000 synthetic chemicals used in consumer and industrial products worldwide. Dubbed “forever chemicals,” PFAS persist in the body and are linked to poor health outcomes, including cancer, increased cholesterol levels, and immune system effects.

What is the AFFF Lawsuit?

AFFF lawsuits are currently part of a multidistrict litigation (MDL.) Unlike a class action lawsuit, an MDL involves several individual lawsuits rather than a large one representing a group of plaintiffs. The court treats the claims separately but manages them under the same procedures to promote efficiency.

The MDL concerning firefighter claims started in 2021 and consolidated cases in the United States Southern District of North Carolina. Currently, there are over 8,000 cases in AFFF litigation.

These cases indicate that firefighters developed cancer due to AFFF exposure, mainly during field accidents, industrial fires, jet fuel fires and military operations. Plaintiffs include the firefighters and surviving loved ones of firefighters who died of their cancers.

Science backs these claims solidly. Occupational Medicine published a study showing firefighters are 60% more likely to die of cancer than the general population. Prostate cancer deaths were four times higher, leukemia was three times higher, and kidney cancer deaths were twice the rate of those in the general population. The study indicated chemical exposure, including AFFF, contributed to these outcomes.

The lawsuits seek damages arising from these illnesses. Damages include medical costs, pain and suffering, lost wages, lost earning potential and loss of support or companionship (in wrongful death cases.) Class action and MDL lawsuits base damage awards on a tier system.

AFFF Statute of Limitations

A statute of limitations is a time limit from the date of injury to when you can file a lawsuit. Depending on state law, statutes of limitations in chemical exposure claims range from two to four years.

However, it only applies to the date you became aware of your illness–not the moment of exposure. For example, you may be retired from firefighting for 10 years, but if you receive a cancer diagnosis, that’s the date your statute of limitations starts counting down.

So, if your doctor informed you of a cancer diagnosis on August 1, 2023, and your state has a three-year statute of limitations, you have until August 1, 2026 to file.

It is often worth speaking to a lawyer, even if you feel it is too late. Claims involving medical diagnoses are often flexible under some state laws, or there are circumstances you may not know can help your case. Consultations are free, so there is nothing to lose by seeing if you qualify for compensation.

AFFF Manufacturer Defendants

The most common defendants in these lawsuits are AFFF manufacturers. Named defendants so far include:

• Tyco Fire Products

• 3M Company

• Dupont

• Kiddr Fire Fighting

• Chemguard

• Chemours Company

• Buckeye Fire Equipment

Investigations reveal that some of these manufacturers knew of AFFF’s health risks, yet they continued to market and distribute this product to fire departments across the nation.

AFFF Use in Navy Firefighting

Navy firefighters are also filing cancer claims. Firefighting foam is highly effective on aircraft carriers, making it a staple when fires arise.

This practice has been in effect for more than 50 years. In fact, the Department of Defense (DOD) required PFAS to make the foam. As a result, more than 700 military sites in 50 states are likely contaminated with PFAS. The DOD also continues to find more contaminated sites with PFAS in drinking water and groundwater.

The DOD has since taken action to make water at military installations safer and to discontinue using PFAS products, including firefighter foam. However, the VA faces more AFFF claims, and some victims filed lawsuits.

Exposed to AFFFs?

If you are a civilian or military firefighter who used AFFF and subsequently developed cancer, you may be eligible to pursue AFFF compensation through a lawsuit. ConsumerShield can help you find a lawyer to represent you, so you receive the compensation you deserve. Complete the online form to get started.