AFFF Fire Fighting FOam

In early 2022, firefighters in New York and Massachusetts took legal action against prominent companies including 3M, DuPont, Tyco Fire Products, and National Foam Inc., alleging their involvement in manufacturing and distributing firefighting foam containing hazardous PFAS (polyfluoroalkyl substances).

Understanding PFAS

PFAS, known as "forever chemicals," persist in the body indefinitely and are linked to heightened risks of cancer and various health complications, including increased cholesterol levels, high blood pressure in pregnant women, liver damage, and elevated risks of testicular and kidney cancer. Emerging research also suggests potential impacts on the human immune system, indicating further health risks over time.

Focus on 3M

3M, a leading manufacturer of firefighting foam, notably produced aqueous film forming foam (AFFF) containing PFAS. Despite discontinuing the product, the exposure risk persisted for firefighters who extensively used AFFF in their firefighting operations. The lawsuits argue that 3M failed to adequately warn about the health hazards posed by PFAS, despite indications of its dangers.

Lawsuits' Basis

The legal action was prompted by studies revealing significantly elevated PFAS levels in firefighters' bloodstreams, reinforcing the association between AFFF exposure and health risks. Additional lawsuits concerning PFAS exposure in protective gear further underscore the widespread impact of these chemicals on firefighting personnel.

Seeking Justice

Plaintiffs are pursuing damages for future economic losses and healthcare costs attributed to PFAS contamination, emphasizing the proactive nature of their claims in anticipation of potential health complications. Moreover, they advocate for systemic changes to safeguard future firefighters from similar risks, aiming for broader industry accountability and regulatory measures.

Historical Context

PFAS have been in use since the mid-20th century, gradually becoming ubiquitous in firefighting foam by the 2000s. Despite early detection of PFAS traces in the general population, comprehensive documentation and public awareness initiatives only gained traction in the 2000s and beyond.

Industry Response and Legal Representation

3M maintains the safety of its products and vehemently contests the allegations. Legal representation for plaintiffs is provided by respected firms such as Pritzker Levine LLP, Sullivan & Galleshaw LLP, and Bernheim Kelley Battista & Bliss LLC, highlighting the significance of these cases within the legal landscape.

Progress and Future Outlook

As of early 2022, progress in the New York and Massachusetts lawsuits remains limited. However, ongoing developments, including the South Carolina MDL and upcoming trials against water utilities, could shape the trajectory of these cases. Potential consolidation with the MDL and advancements in PFAS research may influence the outcomes and pave the way for enhanced accountability and compensation for affected parties.