How to Find the Best AFFF Firefighter Foam Lawsuit Lawyer?

With growing concerns over the health risks associated with toxic firefighting foam AFFF, numerous individuals are pursuing legal action against manufacturers.

As of July 2023, there were over 5,000 pending AFFF lawsuits across the United States, and one major manufacturer, 3M, offered a substantial $12.5 billion settlement. 

When searching for the best AFFF Firefighter Foam Lawsuit Lawyer, consider essential factors such as their experience with similar cases, track record of success, understanding of the scientific evidence, and effective communication skills. 

What Is Aqueous Film Forming Foam (AFFF)?

Aqueous Film Forming Foam (AFFF) is a powerful fire suppressant firefighters use to extinguish flammable liquid pool fires—the foam works by forming a barrier between the fire and the oxygen it requires to burn.

Since the 1960s, AFFF has been widely used by airport and military firefighters to put out jet fuel and petroleum fires. It works quickly by spreading out over the surface of the fuel, depriving the fire of oxygen, and quickly extinguishing even large fires. 

Moreover, it also prevents the hot fuel from reigniting. So far, only AFFF that contains fluorine chemicals called per- and poly-fluoroalkyl substances, or PFAS, are capable of putting out dangerous fuel fires fast and keeping them out.

What Potential Health Risks Are Associated With AFFF Exposure?

Long-term exposure to Aqueous Film Forming Foam (AFFF) can pose significant health risks due to the presence of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), which have been labeled a public health concern by the Centers for Disease Control and Prevention (CDC) and the National Center for Environmental Health (NCEH).

Cancer Risks

The U.S. Environmental Protection Agency (EPA) has linked long-term PFAS exposure to various types of cancer, such as:

• Bladder cancer
• Kidney cancer
• Pancreatic cancer
• Testicular cancer
• Liver cancer
• Breast cancer
• Leukemia
• Lymphoma
• Ovarian cancer
• Prostate cancer

Other Health Issues From AFFF Exposure

The U.S. Department of Veterans Affairs (VA) has highlighted additional health issues that can arise from AFFF exposure. These include:

• Respiratory Problems: Exposure to AFFF may contribute to asthma.
• Fertility Issues: Long-term exposure to PFAS has been associated with fertility issues.
• Cholesterol Increase: PFAS exposure has been linked to increased cholesterol levels.
• Thyroid Dysfunction: Individuals exposed to AFFF may face an increased risk of thyroid disease.
• Kidney Disease: AFFF exposure has been linked to potential kidney disease.
• Digestive Disorders: There are potential connections between PFAS exposure and Crohn’s disease.
• Liver Complications: Liver disease has been associated with long-term exposure to PFAS.
• Neurological Disorders: There is a potential link between PFAS exposure and neurological diseases.
• Developmental Changes: Fetal and child development may be affected by AFFF exposure.
• Pregnancy-Related Issues: Exposure to PFAS might lead to pregnancy-induced hypertension.

It is important to understand that compensation related to AFFF exposure typically requires a diagnosis of one of the cancers linked explicitly to PFAS exposure. However, the other health issues mentioned above are also potential side effects of exposure to AFFF and PFAS chemicals, highlighting the serious health risks of these toxic chemicals.

Who Are the Defendants in AFFF Firefighting Foam Lawsuits?

The defendants in AFFF firefighting foam lawsuits may include various parties associated with the production, distribution, and use of the AFFF foam. Some commonly involved defendants are:

Manufacturers: Large manufacturing companies that produce AFFF firefighting foam, such as 3M, Chemours Company, DuPont, Buckeye Fire Equipment, and Tyco Fire Products.

Distributors: Companies involved in distributing AFFF foam to various users and industries, which may include firefighting equipment suppliers and vendors.

Firefighting Agencies: Fire departments and firefighting agencies that use AFFF foam as part of their firefighting operations may also be named as defendants.

Government Entities: Government entities, including military branches, airports, and municipalities, can be involved in allegations of negligence, failure to alert about the dangers of PFAS or inadequate response to known risks.

Chemical Manufacturers: Besides manufacturers of AFFF foam, chemical companies that produced the per- and poly-fluoroalkyl substances (PFAS) used in the foam may also be defendants in these lawsuits.

Facility Operators: Operators of facilities where AFFF foam was used or stored, such as airports, military bases, industrial sites, and firefighting training centers, can be defendants if there are allegations of improper handling, storage, or disposal of AFFF firefighting foam, leading to environmental contamination and health risks.

The above-mentioned defendants represent some of the big names involved in AFFF firefighting foam lawsuits. These cases often involve complex legal issues, and plaintiffs may seek compensation for health issues, environmental damages, and other related damages caused by PFAS exposure.

Who Is Eligible to File an AFFF Firefighting Foam Lawsuit?

Various individuals and entities may be eligible to file an AFFF firefighting foam lawsuit if they have been negatively affected by exposure to the foam containing harmful PFAS. Potential plaintiffs may include:

• Firefighters: Firefighters who have been exposed to AFFF while fighting fires or participating in training exercises and have suffered health issues related to PFAS exposure.
• Military and Navy Personnel: Military and navy members involved in aircraft firefighting or other military operations where AFFF was used and have experienced adverse health effects.
• Airport Workers: Airport firefighters, personnel involved in aircraft maintenance, and others who came into contact with AFFF foam during emergency response situations.
• Residents: Individuals living near airports, military bases, or industrial facilities where AFFF is used regularly and have experienced health issues due to PFAS exposure from water or air contamination.
• Employees of AFFF Manufacturers: Workers employed in AFFF manufacturing facilities who have experienced health problems as a result of direct exposure to PFAS during the production process.
• Transportation Workers: Individuals involved in the transportation and delivery of AFFF foam who have suffered adverse health effects from PFAS exposure.
• Incinerator Facility Workers: Employees working in incinerator facilities responsible for disposing of firefighting foam and facing PFAS exposure during disposal.

If you have been exposed to firefighting foam and come under the above-mentioned categories, make sure to consult with an attorney to know your eligibility for filing an AFFF firefighting foam lawsuit. 

What Are the Legal Grounds and Reasons to File an AFFF Lawsuit?

Filing an AFFF lawsuit typically involves various legal grounds that form the foundation of the claim, such as:

1. Product Liability: AFFF lawsuits may be based on product liability. Manufacturers have a duty to produce safe products, and if firefighting foam is found to be defective or dangerous due to PFAS chemicals, victims can file a product liability claim.
2. Negligence: Another common reason is negligence. If manufacturers or other parties failed to exercise reasonable care, leading to harm from AFFF exposure, individuals can file a lawsuit based on negligence.
3. Failure to Warn: Lawsuits may arise if manufacturers didn’t provide adequate warnings about the risks of AFFF, including the presence of PFAS chemicals and cancer risks.
4. Strict Liability: Some jurisdictions follow strict liability, holding defendants responsible for harm caused by inherently dangerous products like AFFF foam.
5. Breach of Warranty: If manufacturers promised the safety of firefighting foam and it caused harm, individuals can file a lawsuit for breach of warranty.
6. Environmental Contamination: Communities and municipalities affected by AFFF foam contamination may bring claims for environmental damages and clean-up costs.
7. Occupational Exposure: Firefighters and military personnel may have grounds for occupational exposure claims, stating that employers failed to protect them from AFFF risks.
8. Personal Injury: Individuals diagnosed with cancer or health issues due to AFFF exposure can seek compensation for medical expenses, pain, suffering, loss of consortium, and lost wages.

To understand the legal basis for your AFFF lawsuit and the best grounds to pursue compensation, consult an experienced firefighting foam lawyer. They will assess the facts, evidence, and laws to build a strong case and maximize your chances of receiving just compensation. 

What Are the Steps Involved in Filing an AFFF Lawsuit?

Here are the steps to file an AFFF (Aqueous Film Forming Foam) lawsuit:

Step 1: Consultation with an Attorney

If you or your loved one has been adversely affected by exposure to AFFF and believe you have a viable claim, the first step is to consult with an experienced attorney who specializes in handling AFFF lawsuits. During the initial consultation, you can discuss the details of your case, including the extent of your exposure, the resulting health issues, and the potential legal options available to you.

Step 2: Investigation and Case Evaluation

Once you decide to proceed with the claim, your attorney will thoroughly investigate your case. This investigation may involve gathering medical records, reviewing your exposure history, and examining any relevant evidence related to your exposure to PFAS. 

Step 3: Preparing the Complaint

If your attorney determines that you have a valid claim, they will proceed to prepare the formal legal complaint. The complaint is a legal document outlining the details of your case, including the facts of your exposure, the negligence or liability of the defendants, and the damages you are seeking. This complaint will be filed in the appropriate court with jurisdiction over your case.

Step 4: Filing the Lawsuit

Next, your attorney will file the prepared complaint with the court on your behalf. This formal submission initiates the lawsuit and officially informs the defendants that legal action has been taken against them.

Step 5: Discovery Phase

After the firefighting foam lawsuit has been filed, both parties enter the discovery phase. During this phase, both the plaintiff’s and the defendant’s attorneys gather evidence and exchange information related to the case. Discovery may involve depositions, requests for documents, and expert witness testimonies.

Step 6: Settlement Negotiations

In many cases, settlement negotiations take place during the discovery phase. Both parties may engage in discussions to reach a mutually agreeable settlement outside of court. If a settlement is reached, the case can be resolved without going to trial.

Step 7: Pre-Trial Motions

If a settlement cannot be reached, the attorneys may file pre-trial motions to address specific legal issues or seek clarification on certain aspects of the case.

Step 8: Trial

If the case does not settle, it proceeds to trial. During the trial, both parties present their evidence, call witnesses, and make arguments before a judge or jury. The judge or jury will then make a decision based on the evidence presented.

Step 9: Verdict and Potential Appeals

After the trial, a verdict will be rendered. If the verdict is in your favor, the court will determine the damages you are entitled to receive. However, either party may have the option to appeal the decision if they believe there were errors or issues during the trial.

Step 10: Resolution

If the case is decided in your favor and no appeal is filed, the lawsuit will be resolved, and you will receive the compensation awarded by the court. If an appeal is filed, the process may continue to higher courts.

What Are the Key Factors That Impact the AFFF Lawsuit Settlement Amounts?

AFFF lawsuit settlement amounts can be influenced by several critical factors that impact the case’s overall strength and potential success. Let’s explore these factors in detail:

1. Nature and Severity of Injuries or Damages

The extent and severity of injuries or damages suffered by the plaintiffs due to AFFF exposure will directly impact the settlement amount. Serious health issues, such as cancer, kidney disease, or other long-term health complications, may result in higher compensation.

2. Availability and Strength of Evidence

The strength of the evidence presented by the plaintiffs is crucial in establishing the link between AFFF exposure and the claimed injuries. Solid scientific evidence, medical records, and expert testimony can strengthen the case and influence the settlement amount.

3. Number of Plaintiffs Involved

If multiple individuals or entities have filed a collective lawsuit against the same defendants, the total number of plaintiffs involved can impact the settlement amount. A larger group of plaintiffs may put more pressure on the defendants to negotiate a higher settlement.

4. Role of Negotiations and Legal Strategies

The skills and experience of the AFFF lawyer representing the plaintiffs in negotiations can significantly influence the settlement amount. Effective legal strategies and negotiation tactics can lead to favorable outcomes.

5. Jurisdiction and Legal Venue

The jurisdiction and legal venue of the lawsuit can also play a role in the settlement amount. Different courts may have varying approaches to handling AFFF cases, affecting the potential settlement.

It’s important to note that each AFFF firefighting foam lawsuit is unique, and the combination of these factors can vary from case to case. An experienced AFFF attorney can assess the specific circumstances of each case and work to secure the maximum settlement amount for you.

What Types of Damages Can Be Claimed in AFFF Firefighting Foam Lawsuits?

AFFF (Aqueous Film Forming Foam) exposure can have devastating consequences on victims and their families. If you or a loved one has suffered due to AFFF exposure, it’s essential to understand the types of damages that can be claimed in firefighting foam lawsuits. Skilled firefighting foam cancer lawyers can help assess the damages and seek compensation on your behalf.

Here are the typical damages that may be claimed in firefighting foam lawsuits:

1. Medical Expenses: This includes all past and future medical bills related to the treatment of AFFF-related health conditions. It covers doctor visits, hospitalization, surgeries, medications, rehabilitation, and any other necessary medical care.
2. Lost Wages: If the exposure to firefighting foam has caused you serious health issues due to which you had to miss work, you may claim compensation for your lost wages. Additionally, if your earning capacity is permanently affected, you can seek damages for future lost earnings.
3. Emotional Distress: AFFF-related illnesses can cause immense physical and emotional pain. Damages for pain and suffering aim to compensate for the physical and emotional distress endured by the victim as a result of exposure to toxic chemicals. 
4. Loss of Enjoyment of Life: AFFF exposure may limit your ability to engage in activities you once enjoyed. Damages for loss of enjoyment of life address the loss of quality of life resulting from the illness.
5. Other Compensatory and Punitive Damages: Depending on the circumstances of your case, additional compensatory damages and punitive damages may be sought as a deterrent to the defendants’ negligent behavior.
6. Loss of Consortium: In some cases, damages may be claimed by a spouse or family member for the loss of companionship, support, and affection due to the victim’s AFFF-related injuries.

How Can You Prove the Validity of an AFFF Lawsuit?

Proving the validity of a firefighting foam lawsuit requires thorough gathering and presentation of evidence to establish a strong case. As AFFF exposure can lead to serious health issues, such as cancer and other medical conditions, providing compelling evidence is crucial. Here are the steps to prove the validity of an AFFF lawsuit:

1. Medical Records and Diagnosis Information

Collect all relevant medical records related to your cancer diagnosis or other health issues linked to AFFF exposure. This includes documentation of tests, doctor’s visits, cancer treatments, and any other medical expenses incurred due to the illness.

2. Employment Records

Gather your employment records to establish the history of your AFFF exposure. These records should reflect your occupation, workplace, and duration of exposure to toxic firefighting foam.

3. Personal and Witness Testimony

Your personal testimony about the circumstances of your AFFF exposure can be critical in demonstrating the validity of your claim. Additionally, if there were witnesses present during your exposure or who can testify to the conditions under which you were exposed, their testimonies can strengthen your case.

4. Documented Past Cases

If there have been successful AFFF lawsuits with similar health issues and circumstances, referencing these past cases can strengthen your argument and validate the viability of your AFFF claim.

5. Environmental Contamination Evidence

If your exposure was due to environmental contamination, gather evidence of the presence of PFAS chemicals in the affected area, such as groundwater or soil testing reports.

6. Timely Filing

Ensure that your lawsuit is filed within the statute of limitations for AFFF claims in your jurisdiction. Filing within the specified time frame is crucial to the validity of your case.

How Can a Lawyer Help You in Filing an AFFF Firefighting Foam Lawsuit?

A qualified attorney can provide invaluable assistance and support throughout the entire lawsuit journey. Here’s how:

Expert Legal Guidance

An experienced AFFF lawyer will provide expert guidance, explaining your legal rights and options clearly. They will help you understand the complexities of the legal process, ensuring you are well informed and empowered to make informed decisions.

Case Evaluation and Strategy

An attorney will assess the details of your case and evaluate its strengths and weaknesses. Based on their analysis, they will develop a strategic plan tailored to your unique circumstances, aiming to achieve the best possible outcome for your AFFF firefighting foam case. 

Evidence Collection and Investigation

A critical aspect of firefighting foam lawsuits is gathering compelling evidence to support your claim. Your lawyer will conduct a thorough investigation, such as medical records, employment history, and any other relevant evidence, to establish the link between AFFF exposure and your health issues.

Expert Witnesses

In complex AFFF cases, expert witnesses, such as medical professionals or environmental specialists, can play a crucial role in validating your claim. Your lawyer will identify and retain appropriate expert witnesses to provide testimony that strengthens your case.

Negotiations and Settlements

An experienced firefighting foam lawyer will negotiate with the defendants and their legal representatives on your behalf. They will work tirelessly to secure a fair settlement that adequately compensates you for the damages caused by PFAS exposure.

Trial Preparation and Representation

If a settlement cannot be reached, your lawyer will be prepared to take your case to trial. They will handle all aspects of trial preparation, including gathering evidence, crafting arguments, and presenting your case persuasively before the court.

Managing Legal Deadlines and Procedures

Navigating the legal system requires strict adherence to deadlines and procedures. Your attorney will ensure that all necessary paperwork is filed correctly and on time, avoiding potential pitfalls that could jeopardize your case.

Emotional Support and Advocacy

Facing the consequences of AFFF exposure can be emotionally challenging. An AFFF firefighter foam lawyer will provide support throughout the process, advocating for your rights and interests with empathy and understanding.

Pursuing Maximum Compensation

Ultimately, the primary goal of your lawyer is to secure the maximum compensation possible for your damages, medical expenses, pain and suffering, and any other losses caused by AFFF exposure.

How to Find The Best AFFF Fire Fighting Foam Lawsuit Lawyer

Finding the best AFFF firefighting foam lawsuit lawyer is crucial to ensure you have the right legal representation for your case. Here are important qualities to look for when choosing an AFFF lawyer:

Experience and Expertise in AFFF Lawsuits

Look for a lawyer with a proven track record of handling AFFF, product liability, or mass tort cases successfully. An experienced attorney will have a deep understanding of the complexities of firefighting foam lawsuits, relevant laws, and the latest developments in the field.

Resources and Support Staff

A reliable AFFF lawyer will have a dedicated team to assist with investigations, evidence gathering, and legal research. Ample resources and support staff can significantly enhance the efficiency and effectiveness of your case.

Record of Success

Inquire about the lawyer’s past case results and settlements related to firefighting foam lawsuits. A strong track record of securing favorable outcomes for clients indicates the attorney’s competence and commitment to their client’s best interests.

Communication and Transparency

Look for a lawyer who values open and transparent communication. They should be willing to keep you informed about the progress of your case and promptly address any questions or concerns you may have.

Client Reviews and Testimonials

Examining feedback from past clients, including reviews and testimonials, provides valuable information about the lawyer’s level of professionalism, communication skills, and their effectiveness in handling AFFF cases.

 Empathy and Compassion

Dealing with the consequences of PFAS exposure can be emotionally challenging. Choose a lawyer who demonstrates empathy and compassion towards your situation, making you feel understood and supported throughout the legal process.

Trial Experience

While many AFFF cases settle out of court, having a lawyer with trial experience can be crucial. A seasoned trial attorney will be prepared to take your case to court if necessary and skillfully present your case before a jury.

Clear Fee Structure

A clear and transparent fee structure is essential when choosing an AFFF firefighting foam lawsuit lawyer. Reputable firefighting foam cancer lawyers will be open and honest about their fees. Look for a personal injury attorney who works on contingency fee, so you won’t have to worry have any fees until you win the settlement you deserve. 

AFFF Lawsuit Update

Over the years, numerous AFFF firefighting foam lawsuits have been filed, addressing health risks, water contamination, and the responsibilities of manufacturers. Let’s take a closer look at the developments in the AFFF lawsuit from September 2018 to July 2023.

September 29, 2018

In response to mounting concerns over the health effects of Aqueous Film Forming Foam (AFFF), a multidistrict litigation (MDL) was created to consolidate various AFFF firefighting foam lawsuits pending in Federal Court. This MDL aimed to address the shared issues of law and facts surrounding the use of AFFF and the presence of toxic chemicals.

September 6, 2021

The first bellwether trial for AFFF firefighting foam lawsuits was scheduled for April 2023. This trial was crucial in setting the tone for future litigations and determining potential outcomes for both plaintiffs and defendants.

September 20, 2021

By this date, nearly 2,700 AFFF lawsuits were pending before Judge Richard M. Gergel in the United States Federal Court for the District of South Carolina. The lawsuits involved common defendants such as 3M, TYCO Fire Product, DuPont, Buckeye Fire Equipment, and Chemguard Inc.

September 26, 2022

In a significant development, the United States Air Force decided to discontinue the use of fire suppressants containing PFAS chemicals, including AFFF. This decision came in response to the 2020 National Defense Authorization Act, which required all Department of Defense installations to phase out AFFF by October 2024.

October 22, 2022

The first bellwether trial, City of Stuart v. 3M Company et al., was selected for June 5, 2023. The trial focused on the contamination of the City of Stuart’s water supply and groundwater by PFAS chemicals present in AFFF.

November 26, 2022

Judge Gergel rejected 3M’s government contractor defense. 3M had sought summary judgment based on manufacturing AFFF under a government contract but failed to disclose information about potential health risks associated with AFFF exposure. This ruling allowed numerous AFFF lawsuits to proceed.

February 9, 2023

Illinois filed a statewide lawsuit against AFFF manufacturers, seeking to address the risk of drinking water contamination from firefighting foam.

March 3, 2023

The United States Centers for Disease Control and Prevention established the National Firefighter Registry for Cancer to track and analyze cancer incidence among firefighters, recognizing the heightened cancer risks associated with AFFF exposure.

May 7, 2023

The first bellwether trial was delayed due to settlement discussions between the parties. Potential settlement agreements were being considered, focusing on municipal claims rather than individual personal injury claims.

May 12, 2023

The City of Stuart, Florida, alleged that PFAS contaminated its water supply from AFFF firefighting foam products in the first bellwether trial. The outcome of this trial would have a significant impact on future litigation and potential settlement amounts.

May 18, 2023

Three major chemical manufacturing defendants reached a settlement agreement with municipalities to address PFAS contamination claims in public water systems. A $1.185 billion settlement fund was created to resolve approximately 300 PFAS complaints from drinking water suppliers.

June 2, 2023

Kidde-Fenwal, Inc. was removed from the first bellwether trial due to bankruptcy protection. At the same time, the focus shifted to individual personal injury claims brought by military members and firefighters exposed to AFFF.

June 5, 2023

The first AFFF trial, the City of Stuart v. 3M Co. et. al., was delayed as both parties claimed they were close to reaching a settlement. The trial focused on water contamination claims by the City of Stuart. 3M finally agreed to pay up to $10.3 billion to resolve municipality drinking water contamination cases.

July 1, 2023

As of this date, there were 4,793 cases pending in the AFFF MDL, with a shift in focus to individual personal injury claims after the settlement of municipality-related AFFF lawsuits.

July 5, 2023

Municipality water contamination lawsuits were settled, with DuPont and its spin-offs Chemours Co. and Corteva Inc reaching a $1.18 billion deal to resolve approximately 300 PFAS complaints from drinking water suppliers. 

3M agreed to pay up to $10.3 billion to resolve municipality drinking water contamination cases. However, the actual payout could be closer to $12.5 billion over a 12-year timeframe, according to 3M’s SEC filing. With the municipality claims out of the way, the focus will shift to claims brought by individual firefighters.

Throughout these years, the AFFF lawsuits have grown in scope and significance. Legal action sought to address the health risks, environmental impacts, and responsibilities of the manufacturers involved. As settlements and trials progress, the hope is to achieve fair compensation for victims and to foster awareness of the dangers associated with AFFF exposure.

Contact Uptown Injury AFFF Firefighting Foam Lawyers Today!

With 15+ years of experience and a proven track record of success, Uptown Injury lawyers have recovered over 100 million dollars in settlements for our clients. Here’s how our AFFF firefighting foam attorneys can help:

• Expertise in AFFF Lawsuits: Our team specializes in Aqueous Film Forming Foam (AFFF) lawsuits, and we have an in-depth understanding of the complexities involved in these cases.
• Aggressive Advocacy: We are not afraid to take on large corporations and fight for your rights, ensuring that you receive the compensation you deserve.
• Thorough Investigation: Our skilled investigators will diligently gather evidence and medical records to strengthen your case and maximize your settlement amount.
• Trial Experience: While many cases settle out of court, we are trial-ready and will take your case to court if needed to secure the best possible outcome.
• Transparent Communication: We believe in keeping our clients informed at every step, providing clear and transparent communication throughout the legal process.
• No Upfront Fee: We will not charge you unless we win your case get you the settlement you deserve. 

To schedule a free consultation, contact us online or call our office toll-free at 855-233-8728. Let us fight for your rights and get you the compensation you deserve!

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