Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
Aqueous Film-Forming Foam (AFFF) is a chemical substance that is very useful in firefighting operations. This chemical is used by the Navy and other branches of the U.S. military because of its ability to quickly extinguish fires. However, the same chemical properties that make it an effective fire suppressant also lead to the chemical persisting in the environment.
AFFF contains per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” which persist in the environment long after use. These chemicals have been linked to serious health problems, and pose environmental concerns to people as well as the surrounding ecosystem.
Despite the dangers posed by AFFF use, the chemical’s effectiveness at stopping fires led to its long-term use on military bases. If you served in the Navy and were exposed to these chemicals, resulting in disease or other negative health effects, you may be eligible to file a lawsuit.
AFFF Navy Usage in the United States
In the 1960s, Navy scientists worked with 3M Corporation to develop a more reliable means for fighting fires onboard ships. This resulted in the creation of AFFF, which became required cargo on all Navy vessels in the late 1960s following a catastrophic 1967 aircraft carrier fire.
In the 1970s, the Department of Defense adopted the chemical’s use and began using it on military bases and in training exercises. This caused AFFF to be more widely used by military personnel and increased the risk of exposure to the hazardous chemical.
Health Risks Associated with Navy AFFF Exposure
Exposure to AFFF in the Navy has been linked to serious health complications and issues. These issues include increased risk of cancer, reduced immune system efficacy, and reproductive issues.
It’s important to monitor for symptoms of issues resulting from AFFF exposure to properly address them. Diseases such as cancer can progress quickly, so it’s important to catch signs as early as possible to begin treatment.
Environmental Contamination and AFFF Exposure
The use of AFFF in firefighting and training exercises can lead to contamination in several ways. In areas where Navy personnel regularly use it, or where it has been spilled, AFFF can contaminate the soil. Because of the chemical’s persistence, spilled AFFF has continued potential to enter groundwater.
On-base water systems can also become contaminated with the chemical, which can affect water used for cooking, bathing, and other uses. This impacts base personnel, their families, and visitors.
AFFF can affect the environment surrounding a naval base too. Through draining and runoff, AFFF can contaminate natural bodies of water and sources of groundwater. This can hurt a community in several ways:
- Residents: Drinking PFAS-contaminated waters, as well as eating fish living in contaminated water, can have negative health impacts.
- Local wildlife: PFAS contamination has been linked to health issues in animals such as tumors, liver and kidney disease, and reproductive problems.
- Agriculture: Contaminated soil, water, or air can lead to the absorption or ingestion of PFAS chemicals by crops and livestock.
Because of this, the widespread use of AFFF on naval bases can have a long-lasting and negative impact on a community and the surrounding environment.
Eligibility for AFFF Lawsuits
Understanding who can file an AFFF lawsuit is vital for Navy personnel and others who may have been exposed to these harmful chemicals. The eligibility criteria for these lawsuits can depend on the circumstances surrounding your exposure.
An eligible plaintiff must be able to show a diagnosis of an AFFF-exposure-related disease, such as kidney, testicular, or liver cancer. The diagnosis must also follow exposure to the harmful substance. Different states may also have different statutes of limitation for filing a lawsuit.
Occupational exposure to AFFF is a significant factor in determining eligibility for a lawsuit. For instance, factors like direct handling, prolonged exposure, and participation in AFFF-related training exercises could be elements that strengthen a case.
However, it’s important to note that these criteria do not guarantee a successful lawsuit. It’s important to consult with legal professionals to determine eligibility and evaluate the strength of a case.
Finding Legal Representation
Securing the right legal representation is crucial for those seeking to find justice for Navy AFFF exposure. These cases are complex, which means it’s important to find experienced lawyers who understand both the legal and scientific aspects of AFFF litigation.
When evaluating legal representation for an AFFF exposure case, consider factors such as:
- Experience with AFFF cases: Look for a law firm that has dealt with AFFF or similar toxic substance cases. Since the details of an AFFF case can differ, you need a firm that has experience dealing with military-related exposure cases.
- Clear communication: Legal proceedings can be complicated, long, and difficult to understand. Find a legal firm that can help explain concepts clearly and keep clients informed throughout a case. Look for attorneys who are receptive to questions and concerns.
- Successful settlement amounts: Look for a firm that sets realistic expectations for a case, or that can demonstrate previous successful suits. Past results aren’t a guarantee of future success, but they can be a helpful indicator of the firm’s overall capability to reach an AFFF settlement.
Choosing the right law firm can make a difference when you’re pursuing an AFFF lawsuit. A law firm with experience, clear communication, and realistic expectations can help to make the process as smooth and straightforward as possible while keeping you informed every step of the way.