PFAS Lawsuit Settlement Amounts per Person | October 2024
Summary
- Federal and state courts are approving settlements for PFAS exposure.
- The largest settlement is $10.3 billion between 3M and public utilities.
- Individuals may receive up to $1 million for PFAS medical claims.
Approximately 100 million Americans receive water from public utilities. On April 10, 2024, the Environmental Protection Agency (EPA) passed a drinking water regulation to keep PFAS out of water systems. Currently, $1 billion is available to help states and communities implement PFAS testing and remediation.
One reason for these changes is PFAS lawsuits. The plaintiffs filed the first lawsuits in the early 2000s, and they continued as more individuals discovered illnesses and injuries from PFAS exposure. Now, we are starting to get a good idea of the value of PFAS lawsuit settlements.
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PFAS Settlement Amounts Per Person
So far, the largest settlements negotiated were between manufacturers and public utilities. These entities pursue manufacturers to cover their testing and remediation costs.
The larger settlements to water utilities include:
- 3M: $10.3 billion over 13 years.
- Chemours Co., Dupont, and Corteva: $1.185 billion.
- Tyco Fire Products: $750 million
- BASF Corporation: $312.5 million
Consumer claims against PFAS manufacturers also prove fruitful. Two extensive multi-district litigation (MDL) and class action settlements include:
- Dupont: Settled 3,550 lawsuits in an Ohio MDL for $670.7 million.
- Saint-Gobain Performance Plastics, Honeywell International, 3M and DuPont Co.: Agreed to pay 2,500 Hoosick Falls, NY, residents a $65 million settlement for property damage and health impacts.
Law firms representing plaintiffs believe the payouts from MDL and class action settlements will range from several hundred thousand to a million dollars for each plaintiff.
PFAS Lawsuit Payouts & Settlements
Settlement and individual payout amounts depend on the facts of the case and the plaintiff’s damages, whether property damage, illness or injury. Here is what goes into determining your settlement amount.
How Much Compensation Will I Receive if Exposed to PFAS?
Unlike AFFF claims (a subsection within PFAS claims), PFAS lawsuits do not have a specific tier system. So, individual payouts depend on each case's unique circumstances.
There are examples in current lawsuits. The Hoosick Falls case paid up to $10,000 to those residents who suffered from PFAS-poisoned well water but had no other impacts. Cancer cases are likely to reach or exceed $1 million. However, no results are guaranteed.
Factors Affecting PFAS Lawsuit Settlement Amounts
Settlement amounts depend on case value. In chemical exposure cases, case value depends on:
- Exposure: Longer, more concentrated exposure to PFAS is associated with worse health outcomes. So, these cases are often worth more than those involving less exposure.
- Health outcome: PFAS cause many issues, from thyroid dysfunction to cancer. While thyroid dysfunction can be a serious condition, its effects often don’t measure up to cancer–making cancer cases worth more.
- Property damage: PFAS poisons people and compromise soil and farming operations. Many plaintiffs sued manufacturers for compensation due to dead crops or livestock. Like health outcomes, value depends on the extent of this damage.
- Economic loss: Cancer from PFAS can compromise an individual’s ability to work or gain future income increases. Dead crops or livestock also jeopardize finances and may even affect the future operation of an agricultural business. The greater these losses, the higher the case value.
- Attorney fees: Lawyers representing plaintiffs in these cases usually charge a contingency fee or percentage of the final award. Settlement negotiations also consider these fees.
What Types of Damages Can I Claim?
Damages are a monetary value assigned to the impacts you suffered due to PFAS. There are two types of damages: economic and noneconomic.
Economic damages are objective and easily proven with documentary evidence like states, receipts and pay statements. They include medical expenses and lost wages. Noneconomic damages are subjective. Pain and suffering, for example, are noneconomic because you prove them with your testimony about your experiences–not documents.
Specific damages may include:
- Medical expenses: Includes the cost of all medical treatment, including appointments, surgery, prescription drugs and chemotherapy.
- Income and earning potential: You can receive lost wages if you miss work due to medical treatment or symptoms. If your illness leaves you unable to work, you can also receive damages for future lost wages and diminished earning capacity.
- Lost income: In wrongful death cases, you can receive damages for any income lost when a significant other or spouse passes away from PFAS illnesses.
- Loss of enjoyment: Often included with pain and suffering, these damages place a monetary value on diminished quality of life. For example, if you used to run marathons but chemotherapy now makes that impossible, you can receive damages.
- Funeral costs: Families pursuing a claim for a dead loved one can request payment for burial and funeral expenses.
- Loss of consortium: Those who lose a spouse or significant other to PFAS poisoning can receive damages arising from grief and lost companionship.
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When Will Defendants Pay PFAS Lawsuit Settlements?
The first PFAS settlements arose after three to six years of litigation. That is typical for chemical exposure cases, especially if they are the first of those claims.
However, PFAS lawsuits have been ongoing, with many defendants offering settlements. Also, new studies prove the dangers of PFAS, which makes it difficult for defendants to deny their toxicity.
So, while PFAS settlements per person will not happen immediately, defendants will likely settle quicker in future cases. You may only have to wait six months to two years to receive a payment.
Were You Exposed to PFAS?
If a corporation or military base poisoned water with PFAS in your community, you may have a claim against them. You must prove your exposure through a blood test or local studies that discovered PFAS in the water system. Then, your attorney needs to link that exposure to a health condition.
These are complex cases, but you do not need to navigate your claim alone. ConsumerShield supports a network of attorneys with vast experience handling PFAS and other chemical exposure cases. Start with a free case review to see if you have a claim.
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