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How Are Settlement Amounts in AFFF Lawsuit Cases Determined?

firefighting foam cancer lawsuits

Have you ever wondered how settlement amounts are determined in Aqueous Film-Forming Foam (AFFF) lawsuit cases?

The severe health effects of exposure to firefighting foam have brought a lot of attention to AFFF litigation. Legal action is taken by injured people to hold negligent manufacturers accountable. However, the question remains: how are settlement amounts determined in these cases?

The criteria used to determine the settlement amounts in AFFF lawsuits depend upon the severity of injuries, the extent of financial losses, negligence, liability factors, and the analysis of similar cases to determine the strength of evidence.

By understanding these criteria, you can gain valuable insight into AFFF litigation and get a clear idea of the compensation you may be eligible for.

How Can We Describe AFFF in Simpler Terms?

Aqueous Film-Forming Foam, commonly known as AFFF, is a firefighting foam widely used in suppressing flammable liquid fires. Its primary purpose is to form a blanket-like film on the fuel surface, preventing the fire from reigniting and effectively extinguishing it. AFFF contains a mixture of fluorinated surfactants and other chemicals that provide its unique fire-suppressing properties.

What Are the Hidden Health and Environmental Risks Linked to AFFF Exposure?

While AFFF has been instrumental in combating dangerous fires, concerns have emerged regarding its potential health hazards. Numerous studies have highlighted the adverse effects of long-term exposure to AFFF and its components, particularly per and poly-fluoroalkyl substances (PFAS). These chemicals are well-known for persisting in the environment and accumulating in the human body, causing significant health risks. Some of the severe health risks associated with these chemicals include the following:

  1. Increased Cancer Risk

AFFF exposure is linked to an increased risk of various cancers, including kidney, testicular, pancreatic, and bladder. The United States Environmental Protection Agency (EPA) has classified some PFAS compounds in AFFF as human carcinogens.

  1. Hormonal Disruption

Researchers have found that PFAS chemicals disrupt endocrine function, potentially resulting in reproductive disorders, thyroid dysfunction, and developmental issues in infants and children.

  1. Liver and Kidney Damage

Prolonged exposure to AFFF has been associated with liver and kidney damage. PFAS compounds can accumulate in these organs and impair their normal functioning.

  1. Immune System Disorders

AFFF exposure has been linked to immune system dysfunction, making you more susceptible to infections and other diseases.

  1. Environmental Contamination

According to recent research, AFFF has also raised alarming concerns due to its environmental impact. PFAS chemicals have been found in soil, groundwater, and surface water near over 300 firefighting training sites in the United States.

What Types of Claims Are Made by Plaintiffs Against AFFF Manufacturers?

In recent months, AFFF manufacturers have faced several lawsuits filed by individuals and communities affected by the harmful consequences of AFFF exposure. These firefighting foam lawsuits hold manufacturers accountable for the alleged negligence and harm caused by their products. Here are the types of claims made by plaintiffs against AFFF manufacturers: 

Alleged Negligence

Plaintiffs claim that AFFF manufacturers knew about the potential health risks associated with their products but failed to warn users or take sufficient action to mitigate the dangers. They argue that manufacturers had a duty to provide safe alternatives or disclose the risks of AFFF but they did not warn consumers.

Product Liability

AFFF firefighting foam lawsuits often focus on product liability, alleging that AFFF manufacturers created the product with defects that made it highly unsafe for its intended use. Plaintiffs argue that manufacturers should bear responsibility for the harm caused by their products.

Environmental Contamination Responsibility

AFFF lawsuits also address the environmental impact of firefighting foam. Communities affected by groundwater contamination, soil, and drinking water sources can file legal claims and seek compensation for the damage caused by toxic chemicals in firefighting foam.

Class Action Lawsuits

Lawsuits against AFFF manufacturers have taken the form of a class action lawsuit, where a group of victims collectively bring a claim against a mutual defendant. This approach helps settle and resolve similar claims efficiently and boosts the number of plaintiffs, making their case stronger.

Which Factors Can Influence Settlement Amounts?

file an afff lawsuit

Settlement amounts in firefighting foam lawsuits are determined by considering a few essential factors, such as:

  • Severity of injury
  • Financial losses
  • Evidence of AFFF exposure from scientific studies 
  • Negligence and liability of AFFF manufacturers
  • Analysis of similar cases for compensation assessment

By carefully weighing the following factors, firefighting foam cancer lawyers aim to provide fair compensation that reflects the damages you suffered.

The Severity of Injuries or Illnesses

Health concerns linked to AFFF exposure are critical factors in determining AFFF firefighting foam lawsuit settlement amounts.

Health Issues: Kidney cancer, testicular cancer, pancreatic cancer, bladder cancer, hormonal disruption, liver and kidney damage, and immune system disorders are a few of the health issues linked to AFFF exposure. The presence and severity of these conditions play a significant role in determining the settlement amount.

Impact on Quality of Life: The conditions related to Aqueous Film Forming Foam (AFFF) can seriously compromise your strength, hindering day-to-day activities and affecting your relationships and general well-being. That’s why you need a firefighting foam lawyer to help you assess the value of your claim depending on these factors, including both the current and future impacts of the injury on your life.

The Extent of Financial Losses

When determining settlement amounts in AFFF lawsuits, the extent of financial losses endured is a crucial consideration. Several key factors contribute to these losses, including:

Medical Expenses: The costs associated with medical treatments, doctor visits, hospital stays, medications, rehabilitation, and ongoing healthcare needs are important to consider. Hence, the severity and duration of the injuries or illnesses caused by AFFF exposure directly impact the amount of expenses.

Lost Wages or Income: AFFF-related health issues may result in the inability to work or the need for extended leave, leading to lost wages or income. Therefore, your AFFF lawyer will evaluate compensation based on your occupation, earnings, and the time you were away from work.

Future Healthcare Costs: Your lawyer may consider anticipated future healthcare costs, including ongoing treatments, follow-up appointments, specialized care, and necessary medical devices or aids. They will evaluate these expenses to ensure your long-term healthcare needs are rightfully compensated.

Strength of Evidence

Obtaining appropriate compensation in firefighting foam lawsuit cases relies on the strength of the evidence presented. The following factors contribute to building a compelling case:

Scientific Studies and Research: Incorporating relevant and authentic scientific research that establish a clear link between AFFF exposure and associated health risks strengthens the case. Likewise, these studies provide credible evidence supporting your firefighting foam lawsuit and increase the likelihood of a favorable settlement.

Expert Witness Testimony: Expert witnesses, such as scientists, medical professionals, or industry specialists, provide professional opinions based on their expertise. Their testimony will support your case, lending credibility to your arguments regarding the harmful effects of AFFF exposure.

Documentation of Exposure: Medical records, employment history, military service records, or other relevant evidence demonstrating your contact with AFFF are crucial. Such documentation substantiates your claim and strengthens the case by providing tangible proof of exposure.

Comparative Analysis of Similar Cases

In determining settlement amounts for AFFF lawsuits, a comparative analysis of similar AFFF firefighting foam cases plays a significant role. This analysis involves examining previous AFFF firefighting foam lawsuit settlements and using them as benchmarks to determine damages.

Examination of Previous AFFF Lawsuit Settlements: By reviewing prior mass tort cases, an experienced firefighting foam lawyer can gain insights into the compensation awarded in similar cases. This is because AFFF lawsuits are still in early litigation; doing so will help establish a baseline and provide a reference point for evaluating a fair settlement value for your claim.

A Benchmark to Compare Damages: Comparing the facts, circumstances, and outcomes of previous AFFF cases can be utilized as a benchmark to assess damages. By considering the severity of injuries, long-term effects, financial losses, and other relevant aspects, an AFFF lawyer can determine an appropriate AFFF settlement amount.

Negligence and Liability Factors

In AFFF lawsuit cases, negligence and liability factors are crucial in determining settlement amounts. Key considerations in this regard include:

  • Manufacturer Responsibility
  • Failure to Warn
  • Negligent Actions or Omissions

What Do High-Profile AFFF Lawsuit Settlements Reveal About Firefighting Foam Cases?

The following high-profile settlements serve as examples of substantial AFFF lawsuit settlement amounts in response to AFFF foam lawsuits:

A Settlement of $10.3 Billion by 3M

3M made headlines in June 2023 with a noteworthy PFAS exposure settlement. They agreed to pay a staggering sum of up to $10.3 billion to resolve lawsuits related to PFAS contamination in U.S. water systems.

$1.18 Billion for Water Contamination

In June 2023, DuPont, Chemours Co., and Corteva Inc. reached a settlement of $1.18 billion with drinking water providers.

$17.5 Billion Agreed by Tyco Fire Products Manufacturer

Johnson Controls, the manufacturer of Tyco Fire Products, recently reached a significant settlement in an AFFF class action lawsuit. The settlement, totaling $17.5 million, addresses the claims related to PFAS in firefighting foam.

Such outcomes reflect the significance of seeking legal representation for the AFFF lawsuit settlement.

How Firefighting Foam Lawyers Can Help in AFFF Settlement Negotiations?

Having an experienced firefighting lawyer on your side can significantly impact the outcome of the AFFF settlement. Here are vital aspects highlighting the importance of legal representation:

Expertise in Handling AFFF Lawsuits

A skilled firefighting foam lawyer has the knowledge and expertise to navigate the complexities of these cases. Furthermore, your lawyer will take charge to stay updated on relevant laws and regulations. In addition, they’re skilled in handling the challenges that arise during negotiations with the defendant’s attorneys, who may otherwise try to dismiss your claim.

Build a Strong Case

An AFFF attorney plays a vital role in building a solid case by gathering evidence, consulting experts, and conducting thorough investigations. Furthermore, your lawyer will assess the medical records, financial losses, and other relevant information to present a compelling argument for fair compensation on your behalf.

Skilled Negotiation Strategies

A firefighting foam lawyer employs effective negotiation strategies to advocate for your best interests. They have the legal expertise, knowledge of precedents, and understanding of the defendant’s position to negotiate for a favorable settlement. Additionally, your lawyer will help you to secure the maximum financial compensation that reflects the damages you suffered.

Need Help With AFFF Firefighting Foam Lawsuits?

If you or someone you cherish has suffered the devastating effects of PFAS exposure, you deserve justice. At Uptown Injury, we are passionate about helping victims of toxic firefighting foam. Our specialized team of firefighting foam lawyers is here to support you every step of the way.

Your well-being matters, and we are dedicated to providing you with the best legal representation possible. Let our skilled lawyers carefully assess your situation and determine the full potential of your case.

Contact us today for a comprehensive review of your case, or call us at 917-540-8728 to book a free consultation today.

FAQs

What Are the Alternatives to AFFF Foam?

There are three alternatives to AFFF foam: fluorine-free firefighting foam, dry chemical agents, and C8 firefighting foam concentrates.

Is PFAS Present in All Firefighting Foam?

No, PFAS is not present in every firefighting foam. For example, class A firefighting foams used for wildfires and structural fires do not contain PFAS chemicals.

What Is the Typical PFAS Content in Firefighting Foam?

PFAS accounts for 3 to 6% of the formulation’s weight, including water, other surfactants, stabilizers, solubilizers, and other chemicals.

Can I File an AFFF Exposure Lawsuit Even if I Am Not a Firefighter?

Yes, you can file an AFFF exposure lawsuit even if you are not a firefighter. If you have been exposed to AFFF and have suffered harm, such as health issues or property damage, you may be eligible to file a lawsuit seeking compensation for your damages.

How Can I Maximize Compensation for Damages in a Firefighting Foam Cancer Lawsuit?

If you can prove negligence and liability in court, you can seek compensation for economic and non-economic damages. An experienced AFFF lawyer can guide you in recovering the maximum compensation you deserve.

Does AFFF Cause Cancer?

Growing evidence suggests that exposure to AFFF may increase the risk of certain types of cancers, including kidney, testicular, and prostate cancer.

Is PFAS Still Used in Firefighting Foam?

Yes, PFAS is still used in certain types of firefighting foam. However, the federal government has taken initiatives to produce PFAS-free alternatives due to concerns about the environmental and health impacts of PFAS chemicals.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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