Aqueous Film-Forming Foam (AFFF) served as a firefighter’s shield against raging infernos for decades. However, a dark secret lurks within this fire retardant. AFFF contains per- and polyfluoroalkyl substances (PFAS), chemicals now linked to a range of serious health problems especially cancer. Military firefighters, who train and respond to emergencies with AFFF regularly, may have unknowingly placed themselves in harm’s way.
In this article, we explore the world of AFFF lawsuits and offer an understanding of military firefighters potentially impacted by PFAS exposure.
Health Risks Associated with AFFF Exposure
AFFF, the firefighting foam involved in these lawsuits, contains PFAS, dubbed “forever chemicals” for their persistence. These substances persist in both the environment and the human body. Studies suggest a troubling link between PFAS exposure and various health problems. Military firefighters who routinely train and respond to emergencies with AFFF may be at increased risk of developing these conditions.
One area of concern is cancer. A study published by the National Cancer Institute suggests a possible association between PFAS exposure and an increased risk of testicular cancer. More research is ongoing to solidify the link between PFAS and various cancers.
Other potential health effects associated with PFAS exposure encompass immune system suppression, thyroid disease, elevated cholesterol levels, and developmental issues in children.
Legal Basis for AFFF Lawsuits
AFFF lawsuits are based on legal principles such as negligence, failure to warn, product liability, and environmental contamination. Plaintiffs contend that AFFF manufacturers knew of PFAS health risks but didn’t sufficiently warn consumers, including military personnel. This failure to disclose the dangers of their products forms a central argument in these legal proceedings.
TorHoerman Law observes that AFFF firefighting foam lawsuits target manufacturers like 3M, DuPont, Chemours, and Tyco Fire Products. These companies and several other AFFF manufacturers face legal action for their involvement in producing the foam.
Also, defendants could face liability for negligently designing and distributing AFFF with toxic PFAS compounds. Environmental contamination claims highlight the widespread pollution caused by AFFF deployment and disposal. It exacerbates health risks for affected communities.
The number of lawsuits related to PFAS contamination, including those involving AFFF, has surged in recent years. ConsumerShield reported the AFFF firefighting foam class action MDL’s largest monthly increase in over a year. It added 568 new cases in March 2024. This surge has elevated the total pending cases within the MDL to 7,738, indicating an uptick in legal actions related to AFFF exposure.
Eligibility for Filing AFFF Lawsuits
Military firefighters exposed to PFAS through AFFF use during service are eligible to file AFFF lawsuits. Civilians in PFAS-affected communities due to AFFF deployment may also pursue legal action. Grounds for legal recourse extend to both military and civilian populations impacted by PFAS contamination.
The eligibility requirements typically require individuals to demonstrate a direct connection between their health problems and exposure to AFFF. It may include elevated PFAS levels or diagnosed medical conditions related to PFAS exposure.
Legal Process for AFFF Lawsuits
The legal process for AFFF lawsuits typically involves several key stages, beginning with case evaluation and filing. Once filed, the lawsuit progresses through pretrial discovery, during which evidence is exchanged between parties. This phase may include depositions, document requests, and expert testimony.
Subsequently, the case may proceed to settlement negotiations or trial, where a jury or judge determines liability and potential damages. Due to the complex nature of AFFF lawsuits involving multiple defendants and intricate scientific evidence, litigation may span several years before resolution.
Plaintiffs in AFFF lawsuits are represented by legal experts specializing in environmental and toxic tort law. These attorneys advocate for their clients’ rights and pursue compensation for the harms inflicted by PFAS exposure.
Accessing VA Benefits for Affected Military Personnel
Military firefighters facing health concerns potentially linked to AFFF exposure have options beyond lawsuits. The Department of Veterans Affairs (VA) recognizes the potential health risks associated with PFAS exposure and offers benefits to affected veterans.
Veterans diagnosed with a service-connected disability may be eligible for VA disability compensation. Veterans seeking AFFF-related claims must establish a service connection, proving their military service caused or exacerbated their current disability.
This typically involves demonstrating in-service exposure to AFFF and a medical nexus, as well as a doctor’s opinion linking the disability to the exposure. The VA offers resources to help veterans file VA claims for exposure to AFFF, including a toxic chemical risk assessment program.
All veterans are eligible for VA healthcare, regardless of service connection. This includes medical evaluation, diagnosis, and treatment for health conditions potentially linked to AFFF exposure. Concerned veterans should schedule appointments with VA healthcare providers for screenings or monitoring of potential health effects.
The VA maintains a list of presumptive conditions and illnesses presumed to be service-connected based on military service during specific times and locations. While PFAS exposure is not currently a presumptive condition, veterans with qualifying disabilities and documented exposure may still be eligible for benefits.
Challenges and Considerations
Navigating AFFF lawsuits presents challenges for affected military firefighters and their advocates. Establishing a clear causal link between AFFF exposure and specific health conditions is a significant challenge due to complex medical evidence and latency periods. It requires careful consideration and expert analysis to establish connections between exposure and resulting health issues.
Also, jurisdictional issues may arise due to military involvement and multiple defendants, including chemical manufacturers and government agencies.
Besides, the formidable legal resources deployed by defendants present obstacles for plaintiffs, including extensive litigation costs and prolonged legal battles. Also, the evolving PFAS regulation and liability landscape complicate AFFF lawsuits, demanding ongoing adaptation and legal expertise for effective navigation.
The Guardian reported that new testing by the EPA revealed about 70 million people are exposed to toxic PFAS in US drinking water. However, only a small fraction of the estimated millions of Americans exposed to PFAS have filed lawsuits or received compensation for damages. The data underscores challenges for those seeking legal recourse for PFAS exposure, including barriers, resource constraints, and the need for representation.
Support and Resources for Affected Individuals
Affected individuals, including military firefighters exposed to PFAS from AFFF, have access to support services and resources for navigating challenges and lawsuits. Veterans service organizations aid in VA benefits claims, connecting veterans with healthcare, disability compensation, and other assistance. These resources aim to alleviate the burdens of PFAS exposure and provide comprehensive support to affected individuals.
Also, legal aid organizations may offer pro bono or affordable representation for AFFF lawsuit plaintiffs, easing financial strain. Besides, online communities and support groups provide platforms for sharing experiences and accessing resources. They empower affected individuals to navigate challenges and advocate for their rights effectively.
Frequently Asked Questions
What health problems are linked to AFFF exposure?
Studies indicate potential associations between AFFF exposure and health issues such as testicular cancer, immune system suppression, and thyroid disease. Also, increased cholesterol levels and developmental problems in children are among the concerns linked to AFFF exposure.
What legal options are available to military firefighters who have been exposed to AFFF?
One option is filing a lawsuit against AFFF manufacturers, alleging product liability for failing to warn about health risks. Alternatively, they can pursue VA disability compensation by proving a service connection between their AFFF exposure and a diagnosed health condition.
How does filing a lawsuit for AFFF exposure affect military personnel’s access to VA benefits?
Filing an AFFF lawsuit typically doesn’t hinder access to VA benefits. Veterans can pursue both avenues for compensation. The VA offers disability compensation and healthcare for service-connected health issues. Lawsuits, on the other hand, target manufacturers for failing to warn about health risks.
Pursuing Justice and Healing for Military Firefighters Exposed to PFAS
Military firefighters are pursuing justice and healing through AFFF lawsuits amid the pervasive health risks of PFAS exposure. These legal battles symbolize a crucial step towards accountability as affected individuals seek restitution for the toll of PFAS exposure.
Despite the complexities of AFFF lawsuits, a network of resources and advocacy supports affected individuals. As awareness of PFAS risks increases, the pursuit of justice ensures support, compensation, and accountability for those affected.
