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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.
Many lawsuits have been brought against companies that develop, distribute, and use firefighting foam, due to allegations that the substance contains chemicals that could cause serious health issues. Aqueous film-forming foam (AFFF) in particular is often the subject of these lawsuits. This type of firefighting foam is a widely used synthetic fire suppressant product that cools and smothers the fire. The use of the product is being phased out due to concerns about the hazards it poses.
What Is Firefighter Foam?
Firefighting foam is a substance that can be spread on fires to cool the area and cut the flames off from their source of oxygen. Firefighters and the military commonly use firefighting foam, and it is also widely used for various commercial and residential safety purposes. It is popular due to its efficacy, as well as its convenience for storage, transportation, and use.
The first firefighting foam was developed in 1902 by Russian engineer and chemist Aleksandr Loran. AFFF in particular was patented in 1966 by the United States Navy and 3M to improve firefighting efforts on ships and reduce the danger of combustible vapors.
Understanding the Health Risks of Aqueous Film-Forming Foam (AFFF)
AFFF typically contains the following:
- Water;
- Salts;
- Solvents;
- Hydrocarbon surfactants;
- Fluorosurfactants (most commonly PFAS);
- pH buffers;
- Corrosion inhibitors;
- Antifreeze agents;
- Various additives.
Several of these ingredients could be hazardous to humans if not handled appropriately. However, the hazards of PFAS, in particular, are being newly realized and researched. There is a growing body of research linking PFAS to serious long-term health risks such as cancer and thyroid issues. The unknowns regarding these possible dangers and how to mitigate them are much of the reason for ongoing lawsuits related to firefighting foam and the phasing out of AFFF.
Recent Developments in Firefighting Foam Lawsuits
As mentioned, there are ongoing lawsuits related to firefighting foam. Several notable developments regarding such cases have occurred in recent years, such as:
- In January of 2024, Connecticut Attorney General William Tong filed two lawsuits against 28 chemical manufacturers for allegedly polluting public waterways with PFAS.
- In January of 2024, San Luis Obispo County filed a federal lawsuit against manufacturers of firefighting foam used at the San Luis Obispo County Regional Airport after traces of PFAS were found in the surrounding area.
- In October 2022, North Carolina Attorney General Josh Stein filed two new lawsuits against manufacturers of AFFF for contamination at the Piedmont-Triad International Airport and contamination at Marine Corps Base Camp Lejeune and Marine Corps Air Station New River.
- In June 2023, Tennessee Attorney General Jonathan Skrmetti filed lawsuits against 20 chemical manufacturers for polluting state waters.
- In November 2022, the City of Baltimore announced it was filing a lawsuit against over 20 manufacturers of AFFF.
Meanwhile, a new major lawsuit was filed against three major chemical manufacturers relating to the use of PFAS in carpeting. It is alleged that the hazards of these chemicals were not disclosed to the carpeting manufacturers and the use of them could cause serious long-term health consequences for children and adults who were exposed.
Who Is Eligible To File a Firefighter Foam Lawsuit?
Anyone can file a lawsuit related to injury from firefighting foam. However, to have a strong case you will need to prove significant exposure to the substance. If you’re a current or former firefighter, a current or former member of the military, or if you have lived near an AFFF manufacturing plant, you’re more likely to qualify. Families of AFFF victims may also be able to file a lawsuit if their loved one has passed. You could file an individual lawsuit or join an active class action lawsuit.
You will need to establish that exposure to AFFF has negatively affected your health. Signs and symptoms of AFFF exposure may include:
- Eye and skin irritation;
- Breathing problems and respiratory problems;
- Gastrointestinal issues;
- Neurological symptoms.
If you believe you may have been exposed to AFFF and are experiencing any of these symptoms, it is important to talk to your doctor as soon as possible. Early documentation will be useful for any future lawsuits, and early intervention could benefit your health outcomes.
Settlement Amounts for AFFF Firefighting Foam Lawsuits
The settlement amounts for a successful AFFF lawsuit can vary considerably. It will depend on what damages were proven to have been incurred as a result of exposure, such as related existing medical bills and expected future expenses. However, some examples of settlements on cases related to PFAS water contamination include:
- $10.3 billion paid out by 3M to many U.S. municipalities;
- $4 billion paid out by DuPont, Chemours, and Corteva Inc. to settle out of court;
- $850 million paid out by 3M for Minnesota groundwater pollution;
- $50 million paid out by DuPont, Chemours, and Corteva to the state of Delaware;
- $17.5 million class action settlement paid out by Johnson Controls to various families.
In the case of class action lawsuits, the settlement amount is usually paid out by first paying the lead plaintiff their percentage, then paying the law team, then dividing the remaining amount between the rest of the plaintiffs.
Finding Legal Representation for Your Firefighting Foam Lawsuit
It is important to find the right legal representation if you are considering filing a lawsuit related to health issues stemming from exposure to firefighting foam chemicals like AFFF and PFAS. You should ideally choose a lawyer who specializes in this type of personal injury lawsuit, or at least has significant experience with it. This may take some research and some time comparing different options. It is expected that the current ongoing lawsuits regarding PFAS and firefighting foam are just the beginning and that more lawsuits are likely to be filed.