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How Much AFFF Firefighting Foam Lawsuit Is Worth?

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AFFF, or aqueous film-forming foam, has long been a highly effective agent for suppressing flammable liquid fires. Its formulation enables it to form a thin film on the fuel surface, smothering the fire and preventing reignition.

However, due to its adverse health effects, this once-celebrated firefighting tool is at the center of legal disputes. Lawsuits related to AFFF foam have gained significant attention within the legal community and beyond.

AFFF firefighting foam lawsuit settlements typically range from $50,000 to $300,000 or more. Factors influencing these amounts include injury severity, number of plaintiffs, available evidence, defendant liability, financial capacity, and precedent from similar cases.

These AFFF firefighter lawsuits involve individuals and communities who claim to have suffered harm and seek accountability, alleging that exposure to AFFF foam has caused environmental contamination and adverse health conditions.

Which Health Concerns Are Associated With AFFF Foam?

Research has linked several diseases and health issues with exposure to firefighting foam. These include:

  • Cancer: The Agency for Toxic Substances and Disease Registry (ATSDR) has highlighted the increased risk of various cancers, including kidney cancer, testicular cancer, pancreatic cancer, and certain types of leukemia among individuals exposed to PFAS.
  • Hormonal Disruptions: AFFF chemicals may cause hormonal disruptions in the endocrine system. These disruptions can lead to reproductive health issues, hormone imbalances, and adverse effects on the thyroid.
  • Liver Damage: Prolonged exposure to AFFF foam has been linked to liver damage. Research conducted by the International Association of Fire Fighters (IAFF) has shown changes in liver enzymes among firefighters exposed to AFFF foam.

What Are the Environmental Implications of AFFF Foam?

It’s crucial to understand the significant environmental implications associated with using AFFF foam. For this purpose, extensive research has shed light on the environmental concerns of firefighting foam, such as:

  • Water Contamination: AFFF foam contains toxic chemicals (PFAS), which can contaminate water sources when the foam is improperly used or disposed of. These ‘forever chemicals’ can accumulate in water bodies, threatening aquatic ecosystems and wildlife. Environmental Working Group (EWG) research has detected PFAS contamination in numerous water supplies across the United States.
  • Soil and Groundwater Contamination: Improper disposal or accidental releases of AFFF foam can lead to soil and groundwater contamination. PFAS can infiltrate the soil, potentially affecting agricultural lands and posing risks to human health through contaminated food intake. The Environmental Protection Agency (EPA) has identified PFAS contamination in soil and groundwater at various sites.

So, if you have suffered from these environmental contaminations caused by AFFF foam, an experienced firefighting foam lawyer can assist you in comprehending your legal options.

How To Comprehend Legal Claims In AFFF Lawsuits?

Understanding legal claims and determining fault in AFFF firefighting foam cases is crucial in navigating the complexities of firefighting foam lawsuits. Here are some key points to help you grasp the legal aspects involved:

  1. Product Liability

Product liability is a common legal claim in AFFF foam litigation, in which plaintiffs argue that the producers or distributors of toxic firefighting foam have responsibility for the injury caused by their product. Furthermore, the focus of this claim is on proving that the foam was faulty, unreasonably harmful, or lacked adequate warnings or instructions.

  1. Negligence

This legal claim alleges that the defendants (such as producers, distributors, or firefighting agencies) failed to take reasonable care in their AFFF foam-related actions, causing harm to humans or the environment. Proving negligence requires establishing a duty of care, breach of duty, causation, and damages.

  1. Environmental Contamination

Environmental contamination claims are common in AFFF foam lawsuits. According to these allegations, the defendants’ use, storage, or disposal of AFFF foam caused the release of hazardous substances into the environment, causing harm to ecosystems, water supplies, or soil.

  1. Personal Injury Due to AFFF Exposure

If you have suffered personal injuries or health problems as a result of long-term exposure to AFFF foam, you may be eligible to file firefighting foam cancer lawsuits. These injury claims focus on proving that long-term exposure to AFFF foam has resulted in serious health issues such as cancer, asthma, or other possible health risks in plaintiffs.

Who Are the Defendants in the AFFF Litigation Process?

There are several parties involved in firefighting foam lawsuits. Here are some commonly involved defendants:

Manufacturers: AFFF manufacturers involve companies such as 3M, Chemguard, Tyco, DuPont, etc. These companies are responsible for producing and distributing the foam to various users and may face allegations of defective products, failure to warn, and negligence.

Distributors: Distributors of AFFF foam, such as suppliers or retailers, are also the defendants. They play a role in distributing the foam to end-users and may face similar allegations as manufacturers, depending on their involvement and responsibilities.

Firefighting Agencies: In some instances, firefighting agencies or departments that utilized AFFF foam may be named defendants. This situation typically arises when individuals make allegations against them regarding their handling, storage, or disposal practices, potentially leading to environmental contamination and subsequent harm.

Government Entities: Government entities, including local municipalities or regulatory agencies, may be defendants if their actions or inactions contributed to AFFF foam-related issues. These government entities can be involved in allegations of negligence, failure to alert, or inadequate response to known risks.

Who Are the Plaintiffs in Afff Lawsuits?

In AFFF firefighting foam lawsuits, the plaintiffs are the individuals or entities who can file legal claims seeking compensation for damages or injuries caused by AFFF foam.

Here are some typical plaintiffs in AFFF lawsuits:

  • Firefighters, military personnel, airport workers, or industrial workers who have had regular exposure to AFFF foam during work.
  • Communities or residents living near sites where AFFF foam was used or disposed of and have experienced environmental contamination are plaintiffs in AFFF lawsuits.
  • Water suppliers or municipalities affected by AFFF foam are plaintiffs in AFFF lawsuits seeking compensation for the damages incurred in mitigating the AFFF contamination and ensuring safe drinking water for the community.

Which Factors Impact the AFFF Lawsuit Settlement Amounts?

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The strength of your AFFF lawsuit settlement amount depends upon various factors, including the evidence you have gathered, the calculation of damages, and the determination of liability by your AFFF lawyer.

Moreover, the factors which collectively impact the overall strength and potential success of a firefighting foam lawsuit settlement amount include the following:

  • The intensity of injuries or damages caused by AFFF exposure.
  • The availability and strength of evidence.
  • The number of plaintiffs involved in the AFFF lawsuit.
  • The nature of the defendant’s ability and liability to pay for your damages.
  • The settlement standard set by the previous AFFF foam lawsuits.
  • The role of negotiations and legal strategies.

The Severity of Injuries or Damages Caused by Exposure to AFFF Foam

Damages and injuries caused by AFFF exposure encompass the total economic and non-economic losses. They may include the following:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Lost earning ability
  • Loss of enjoyment of life
  • Permanent disability
  • Future medical expenses and therapy costs
  • Other compensatory and punitive damages
  • Loss of consortium

The Strength of Evidence Supporting the Settlement Amount

In AFFF lawsuits, the significance of evidence cannot be overstated. When pursuing an Afff lawsuit settlement, gathering substantial evidence plays a pivotal role in determining the outcome of your case.

Evidence that impacts the AFFF lawsuit settlement amount may include the following:

Medical Records: Documents related to any health issues caused by AFFF foam exposure, including cancer diagnoses and associated medical treatments.

Cancer Diagnosis Information: Detailed information regarding the type of cancer diagnosed, medical reports, pathology results, and prognosis.

Employment Records: Records demonstrating the plaintiff’s occupation, duration of employment, and job responsibilities that involved AFFF foam exposure.

History of AFFF Exposure: Any evidence that establishes a history of exposure to AFFF foam, such as work logs, training records, or incident reports.

Witness Testimony: Statements provided by the plaintiff and witnesses who can testify to the exposure to AFFF foam, its circumstances, and any resulting health effects.

Additional Information Validating Exposure to Firefighting Foam: The supporting documentation, such as photographs, video footage, or expert opinions substantiating the plaintiff’s claims of exposure to AFFF foam, is crucial.

Defendants’ Liability and Ability to Pay

Determining the defendants’ liability and their ability to pay for your injuries or damages depends on your firefighting foam lawyer. Hiring a lawyer well-versed in the intricacies of mass tort cases, especially AFFF firefighting foam lawsuits, is crucial.

In these lawsuits, numerous firefighting foam manufacturers and companies have been held liable for their involvement. These companies include:

  • 3M
  • DuPont
  • Corteva, Inc.
  • Tyco
  • BASF Corp.
  • The Chemours Company
  • Arkema Inc.
  • AGC Chemicals Americas
  • Dynax Corp.
  • Kidde-Fenwal
  • Chubb National Foam, Inc.
  • Clariant Corp.
  • UTC Fire & Security Americas
  • Carrier Global Corp.

The Precedent Set by Previous AFFF Foam Lawsuit Settlements

The precedent set by previous AFFF foam lawsuit settlements can significantly impact the outcome of your settlement. Courts often regard previous settlements as a benchmark that can influence the negotiation process and determine the amount you may be entitled to in your AFFF foam lawsuit settlement.

Case Studies: Notable AFFF Lawsuit Settlement Amounts in PFAS Exposure Lawsuits in 2023

The Multidistrict Litigation (MDL)Judicial Panel was created in January 2019 and assigned to Judge Richard Gergel in the U.S. District Court for South Carolina. As of February 17, 2023, 3,704 active cases were pending in the AFFF class action MDL. The total number of cases in the MDL in June is now 4,793. However, there have been settlements involving PFAS exposure lawsuits, such as:

Chemours Company, DuPont de Nemours, and Corteva Settlement for Contaminating Drinking Water

In June 2023, the Chemours Company, DuPont de Nemours, and Corteva reached a preliminary agreement to resolve PFAS-related drinking water claims from a defined class of public water systems serving most of the U.S. population.

Under the settlement, a fund worth approximately $1.2 billion will be established, with Chemours contributing 50% and DuPont and Corteva splitting the remaining half. However, this settlement is subject to final approval by the District Court for the District of South Carolina.

3M Settlement for Groundwater Contamination in Minnesota

In a significant development, 3M has agreed to a monumental $850 million settlement to address the pollution of Minnesota groundwater with PFAS chemicals. This settlement resulted from an AFFF lawsuit alleging that 3M’s disposal of PFAS-containing materials contaminated local water supplies. The settlement aims to provide financial resources to address the cleanup efforts and mitigate the impact on affected communities.

The Settlement by Tyco Fire Products

Johnson Controls, the manufacturer of Tyco Fire Products, has reached a significant $17.5 million settlement in an AFFF class action lawsuit. This lawsuit focuses explicitly on using firefighting foam containing PFAS chemicals and the subsequent impact on communities affected by PFAS contamination. This settlement’s primary objective is to compensate the plaintiffs who have suffered damages and contribute towards addressing the challenges associated with PFAS contamination.

These AFFF lawsuit settlement amounts demonstrate the growing need to address the consequences of PFAS and the role of firefighting foam lawyers in holding responsible parties accountable for their actions.

How Can a Firefighting Foam Lawyer Help You?

Navigating the process of seeking compensation for PFAS-related damages can be daunting and challenging without the assistance of a proficient and knowledgeable firefighting foam lawyer. Having the support and guidance of a skilled firefighting foam lawyer with expertise in handling PFAS cases is crucial.

A lawyer’s experience and resources can help guide you through the complexities of the legal system, ensuring the protection of your rights and advocating for the compensation you deserve. By entrusting your case to a qualified firefighting foam lawyer, you can alleviate the burden and complexity of pursuing compensation and increase your chances of achieving a favorable outcome.

Looking for an Experienced Firefighting Foam Lawyer?

At Uptown Injury, we are here to listen and offer our support. If you or a loved one has been affected by AFFF exposure and want to seek justice, our firefighting foam lawyers are here to help you. Contact us today to explore your rights and entitlement to compensation, especially in cases involving cancer diagnoses.

We provide a complimentary consultation where you can discuss your situation with our experienced AFFF lawyers. Rest assured, we will diligently work to recover the financial settlement you deserve.

Don’t hesitate to reach out – call us at 917-540-8728 to begin your journey toward justice.

FAQs

Can You File a PFAS Lawsuit If You Were Diagnosed with Leukemia After Exposure?

Yes, if you have been diagnosed with leukemia after exposure to toxic PFAS chemicals, you may be eligible to file an AFFF lawsuit. Consult with an experienced firefighting foam lawyer to help you navigate the legal process and determine the best action to pursue compensation for your damages.

Does Prostate Cancer Qualify for PFAS Compensation?

Yes, if you or a loved one has been diagnosed with prostate cancer due to AFFF exposure, you may qualify for a claim.

Is It Too Late to File a Firefighting Foam Lawsuit?

No, it is not too late to file an AFFF firefighting foam lawsuit, as new cases are continually being filed and added to the AFFF class action MDL each month.

What Are the Settlement Amounts in AFFF Lawsuits?

The AFFF lawsuit settlement amounts are estimated to range from $50,000 to $300,000. Determining individual settlement amounts depend upon other factors like the type of injury and the strength of your case.

What Are the Criteria To File an AFFF Lawsuit?

The criteria to file an AFFF lawsuit depends upon regular exposure to firefighting foam and, subsequently, receiving a diagnosis of kidney, pancreatic, prostate, or testicular cancer. In that case, you can file an AFFF firefighting foam lawsuit and pursue financial compensation.

What Is a Class Action Lawsuit?

A class action lawsuit enables a group of people with similar claims to be represented by one or more individuals, known as Class Representatives. In AFFF foam lawsuits, this format allows for a collective approach to address the claims and damages resulting from firefighting foam exposure.

How Do I Know If I Am Part of AFFF Class Action Settlement?

To verify if you are part of an AFFF class action settlement, check for direct communication from the law firm handling your case. Alternatively, visit the lawsuit’s official website or contact the administrators directly for confirmation. Your eligibility usually depends on if you were affected by AFFF exposure in a specified period and location.

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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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