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What Are the Settlement Amounts in AFFF Lawsuit Cases?

The lawsuits about Aqueous Film-Forming Foam (AFFF) and its harmful contamination have sparked a lot of interest. The problem? AFFF is mixed with harmful chemicals known as per- and poly-fluoroalkyl substances (PFAS). Many people, including firefighters, military personnel, airport workers, factory workers, and even whole communities, have taken legal action against the companies that make and sell AFFF.

Estimating the potential settlement amounts in AFFF firefighting foam cases is a complicated process that varies per case. It might range between $50,000 and $300,000 or more. The settlement amounts are influenced by a number of criteria, including the strength of the case, the level of exposure to firefighting foam, medical expenses incurred, and individual circumstances.

According to The New York Times, local settlements for PFAS pollution of soil, groundwater, and drinking water sources will begin in July 2023. Based on reports, 3M has agreed to pay a $10 billion settlement to address these accusations. Chemours, DuPont, and Corteva agreed to pay $1.19 billion to help settle allegations that the chemical manufacturers damaged drinking water sources across the country.

afff firefighting foam lawsuits afff litigation
afff firefighting foam lawsuits afff litigation

What Is An AFFF Firefighting Foam Lawsuit?

AFFF is used to extinguish flammable liquid fires in firefighting and emergency response scenarios. Individuals or groups who have experienced harm or damages as a result of exposure to Aqueous Film-Forming Foam may file an AFFF firefighting foam lawsuit.

Typically, the claims argue that AFFF contains per- and poly-fluoroalkyl substances (PFAS), which are referred to as “forever chemicals” because they do not biodegrade in the environment. These hazardous compounds jeopardize human health.

According to the National Institutes of Health (NIH), PFAS has been linked to a variety of health problems, including cancer, hormone disruption, immune system diseases, and other adverse health effects.

Who Are the Defendants In AFFF Foam Lawsuits?

The defendants in AFFF lawsuits include companies that manufactured and supplied firefighting foam to fire departments, military bases, airports, and other entities. Some of them are the following:

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

What Factors Determine AFFF Lawsuit Settlement Amounts?

Several factors come into play when determining the settlement amounts in AFFF firefighting foam lawsuits. These factors can significantly influence the final compensation awarded to plaintiffs. Here are the key elements contributing to the calculation of settlement amounts:

Exposure to PFAS

Firefighters, especially those who have served in the military or were stationed at airports where Aqueous Film-Forming Foam (AFFF) was extensively used, often experience higher levels of exposure to potentially harmful per- and poly-fluoroalkyl compounds (PFAS) present in AFFF.

The Severity of Cancer Diagnosis

The kind and severity of cancer identified in the plaintiff in PFAS and firefighting foam litigation considerably influences the compensation amount. Individuals with advanced and severe cancers typically receive more compensation. 

Medical Expenses

When calculating the settlement amount, the plaintiff’s medical expenses are taken into account. It covers the costs of diagnosis, treatment, operations, radiation therapy, chemotherapy, and follow-up care. The extent and length of necessary medical procedures have a direct impact on the amount of compensation sought.

Lost Wages and Loss of Earning Capacity

Individuals who have developed health problems as a result of firefighting foam exposure may lose their jobs. Compensation for lost wages during rehabilitation or if the injuries prevent them from returning to work may be awarded. Furthermore, if the injuries result in a reduced ability to earn a living in the future, these damages may be used to compensate for the loss of earning capacity.

Pain and Suffering

Damages in firefighting foam lawsuits often encompass compensation for physical pain, emotional distress, mental anguish, and reduced quality of life resulting from the injuries and associated treatment.

Punitive Damages

The purpose of punitive damages is to hold the defendants accountable for their negligence and deter similar actions in the future. The decision to award punitive damages is based on the severity of negligence or misconduct exhibited by the defendant.

Therefore, it is recommended to consult with an AFFF lawyer to understand how punitive damages are calculated and which factors apply to your case. This will allow you to secure the compensation you deserve for your injuries.

Who Qualifies for AFFF Settlements?

Specific factors involving exposure and health issues are considered when determining eligibility for Aqueous Film-Forming Foam (AFFF) settlements. If you or someone you know meets the following criteria, you may be able to file an AFFF case and seek compensation.

1. Firefighters and Military Personnel

Those who have had occupational exposure to PFAS-containing firefighting foam during their firefighting duties or training activities. Exposure could have occurred through direct contact with the foam or inhalation of its fumes.

2. Individuals Consuming Contaminated Groundwater

People who have consumed groundwater contaminated by PFAS may be eligible to file an AFFF claim. This is because water sources near military bases or airports where firefighting foam is actively used are usually exposed to toxic AFFF chemicals. 

3. Development of Specific Cancers

A significant factor in determining eligibility for an AFFF exposure lawsuit is the diagnosis of certain types of cancer. If you or your loved one has been diagnosed with pancreatic, bladder, breast, colon, kidney, leukemia, liver, lymphoma, testicular, thyroid, or prostate cancer, you may qualify for an AFFF claim.

Afff cancer lawsuits firefighting foam law firm afff firefighter lawsuit
Afff cancer lawsuits firefighting foam law firm afff firefighter lawsuit

What Health Problems and Cancers Are Linked to PFAS Contamination?

The Centers for Disease Control and Prevention (CDC)and the National Cancer Institute (NCI), have noted increased risks of certain cancers associated with exposure to PFAS, such as:

  • Kidney cancer
  • Prostate cancer
  • Testicular cancer
  • Thyroid cancer
  • Non-Hodgkin Lymphoma
  • Ovarian and Endometrialcancer

Other health problems associated with PFAS chemicals are the following:

  • Increased cholesterol levels
  • Changes in liver enzymes
  • Small decreases in infant birth weights
  • Decreased vaccine response in children
  • Increased risk of high blood pressure or pre-eclampsia in pregnant women

Why Should You Choose Uptown Injury Law Firm?

If you or a loved one have developed cancer or other adverse health effects after being regularly exposed to firefighting foam, you may be eligible to file an AFFF lawsuit and seek financial compensation.

Uptown Injury Law Firm is your best ally when it comes to personal injury and medical malpractice cases, recognized for securing record-breaking verdicts and settlements. Our exert firefighting foam lawyers are here to help you.

They will provide exceptional service, leaving no stone unturned, and fight relentlessly to ensure you receive the maximum compensation you are entitled to. With Uptown Injury on your side, you gain not just a law firm but a powerful advocate ready to champion your cause

We are currently accepting new AFFF firefighting foam cases. Contact us today or call our office toll-free at 917-540-8728 for a FREE consultation.

FAQS

Is There Any Time Limit To File an AFFF Lawsuit?

Yes, there is typically a time limit to file an AFFF lawsuit, known as the statute of limitations. The exact duration can vary depending on the jurisdiction and the specifics of the case. Therefore, it’s crucial to consult with a legal professional as soon as possible to understand these deadlines and to preserve your right to legal recourse.

What Legal Actions Can Be Taken Regarding Firefighting Foam Cancer Lawsuits?

Individuals pursuing justice and compensation in firefighting foam cancer lawsuits have several options. They can file an individual lawsuit, join an AFFF class action lawsuit, participate in multi-district litigation (MDL), or engage in settlement negotiations. Legislative advocacy for regulatory improvements is also possible. Consulting experienced firefighting foam attorneys is essential for determining the right legal action.

How Can AFFF Lawyers Assist Individuals in Firefighting Foam Cancer Lawsuits?

Throughout the lawsuit process, AFFF lawyers provide significant legal experience and support. They may evaluate the merits of your case, collect evidence, and develop an effective legal strategy on your behalf. Moreover, their understanding of AFFF legislation, scientific research, and prior legal precedents is critical in achieving fair compensation and a successful outcome in your case.

What Costs Are Involved in Pursuing an AFFF Lawsuit?

Most AFFF attorneys work on a contingency fee basis, which means they are only paid if your case is successfully settled or won in court. They will normally provide you a free initial consultation to go through your case. If you proceed, they will pay for your legal fees and expenses, which will be recovered from your settlement or award if your case is successful. If there is no settlement, you are not required to pay your lawyer any fees.

What Evidence Is Typically Needed in Firefighting Foam Lawsuits?

Evidence needed in firefighting foam lawsuits includes exposure history, medical records, expert testimony, documented regulations, product/company documentation, and witness statements. This information is critical in proving fault and supporting your claim. AFFF lawyers can assist you in efficiently collecting and presenting this evidence in front of the jury.

What Is the AFFF Firefighting Foam MDL?

The AFFF firefighting foam MDL refers to the Multi-District Litigation consolidating multiple Aqueous Film-Forming Foam lawsuits. It streamlines the legal process by centralizing similar cases in a single federal court, allowing for more efficient handling of common issues.

Which Firefighting Foams Are Dangerous?

Certain PFAS-containing firefighting foams represent potential hazards due to their environmental persistence and potential health impacts. However, not all firefighting foams are equally dangerous, and there are laws and developments in foam technology aimed at addressing these concerns.

Can Family Members of Individuals Affected by AFFF Exposure File a Lawsuit?

In certain situations, family members of individuals affected by AFFF exposure may be eligible to file a lawsuit. For example, if a loved one has passed away due to AFFF-related illnesses, his/her family members may pursue a wrongful death lawsuit. However, each case is unique, so it is advisable to consult with a firefighting foam attorney to understand your legal options.

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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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