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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.
Per- and poly-fluoroalkyl substances (PFAS) are chemicals that break down slowly over time, giving them the nickname “forever chemicals.” Because they are widely used and don’t disintegrate, PFAS are found in the bloodstreams of humans and animals, along with the air, water, and soil. Studies increasingly prove a connection between exposure to PFAS and health complications, which has driven some individuals and municipalities to sue companies over PFAS contamination.
There is a growing number of lawsuits from both individuals and municipalities that claim companies failed to protect the environment and mislead consumers through the use of PFAS. Wisconsin, for example, has multiple cities filing lawsuits against 15 manufacturers and 61 insurance companies for contamination. It isn’t the only state that’s being affected, either. Learn more about the effect of PFAS on local communities and the mass tort lawsuit that has formed as a result.
What Is PFAS?
PFAS are durable, man-made chemicals that have been used since the 1940s. PFAS are used to create non-stick cookware, water-repellent clothing, and some cosmetics.
These are flexible chemicals that are used in a variety of professional and household products, but they also fail to break down when they are released into the environment. As a result, if you are in an area with high levels of PFAS, you might breathe the chemicals in when hiking on a trail or eat a freshly caught fish that has PFAS exposure.
You also don’t need to be near a PFAS facility to be exposed to these chemicals. If crops are grown near a PFAS plant, the food will be contaminated before it is shipped across the country to consumers. Because of this, the average American can’t confidently avoid PFAS in their daily life.
How Does PFAS Exposure Occur?
There are several ways to be exposed to PFAS and even to expose others who you love to these chemicals. Here are a few additional ways that people might come into contact with PFAS, according to the Agency for Toxic Substances and Disease Registry (ATSDR):
- Drinking water from PFAS-contaminated wells and other water sources.
- Inhaling soil or dust in the air that has been exposed to PFAS.
- Eating produce exposed to PFAS or packaging that was made with PFAS.
- Accidentally swallowing residue on products with PFAS on them.
- Passing PFAS chemicals on to your infant through breastfeeding after you were unknowingly exposed.
Small children are more likely to have high levels of PFAS exposure in areas where these chemicals are present. Their bodies are smaller and their immune systems are still developing, so the chemicals can overwhelm them faster. Small children are also more likely to chew or such on non-food items. They could chew on a toy with PFAS chemicals and be exposed to them at an early age.
What Are the Effects of PFAS Exposure?
Side effects from PFAS exposure can vary from one person to the next. Additionally, other factors can impact the severity of your symptoms and the types of side effects you experience. For example, people with pre-existing conditions or sensitivities might experience heightened symptoms as a result of a PFAS reaction. Here are a few effects of PFAS that people experience:
- Higher levels of cholesterol;
- Changes in liver enzymes;
- Lower antibody response to vaccines;
- Pregnancy-related issues or difficulties;
- Lower birth weights in children;
- Increased risk of some cancers, like kidney or testicular cancers.
The ability to flush out PFAS also varies from person to person, according to the ATSDR. Women who menstruate may be able to excrete more PFAS from their bodies, but they also can pass on PFAS through their breast milk. People with kidney disease might have difficulty excreting PFAS because most people flush out these chemicals in their urine.
Notable PFAS Lawsuits
The number of PFAS lawsuits across the country is increasing as more communities invest in contamination-testing technology. While it is disheartening to see more cases of PFAS contamination, the more environmental and medical professionals identify it, the better off communities will be in preventing rising cancer rates and other issues. These cases also present a precedence for any future cases dealing with contamination.
Camp Lejeune PFAS Water Contamination Lawuit
Water contamination went undetected at Marine Corps Base Camp Lejeune, affecting hundreds of thousands of servicemen, their families, and civilians who worked on the base. From 1953 to 1987, people at Camp Lejeune used the water for drinking, cooking, bathing, cleaning, and use within the hospital. The whole time the water was contaminated by multiple sources.
The first settlement for Camp Lejeune was reached in November 2023 with three plaintiffs receiving a combined $850,000. More than 1,300 lawsuits and 117,000 administrative claims are still pending.
In December 2022, Congress passed the Camp Lejeune Justice Act, which allows veterans who believe they developed health issues from PFAS after serving at the base to file a claim to join the mass tort. This is meant to encourage more people to receive the compensation they deserve for the military’s negligence.
Dupont PFAS Water Contamination Lawsuit
DuPont and two of its subsidiaries recently agreed to pay nearly $1.2 billion for PFAS contamination in June 2023. Another manufacturer, 3M, is considering a settlement that would prevent it from facing trial for contaminating the drinking water for most of the American population.
The plaintiff for the trial is the town of Stuart, Florida which has a population of 17,000. The city’s water was contaminated by the foam used by the local fire department. The city thought it was protecting its citizens by investing in this foam, but it was actually exposing them to dangerous chemicals and contaminating the water supply.
There are more than 4,000 other plaintiffs in the 3M case, many of which are municipalities. They allege that 3M knew about the danger of PFAS since the 1970s but hid the knowledge from the public.
Lupia vs. Recreational Equipment, Inc.
In October 2022, a suit was brought against Recreational Equipment, Inc. (REI), an outdoor consumer goods store. The company marketed its products as environmentally friendly and consumers would not have bought them if they thought they were made with harsh chemicals. The suit claims that REI misled consumers on the nature of its products. The plaintiffs weren’t able to show any harm after being exposed to the chemicals, but the publicity involved with the case negatively impacted the company’s reputation.
This suit marks a recent trend of bringing cases against consumer product companies that use PFAS. There are similar cases related to the food packaging, cosmetics, and feminine hygiene industries. In each case, a product was marketed as safe to consume or use on the human body, when it really contained PFAS.
How Much Can You Win in a PFAS Lawsuit?
Various factors can impact payouts in PFAS lawsuits. The court will keep each of these elements in mind when they are awarding damages in a settlement. A few things that will affect your case include:
- The severity of harm: This includes your health, career, family, finances, and hobbies.
- The history of the offending company: the court will consider whether the defendant has a record of negligence. It will look at similar cases that set a precedent for settlements.
- The quality of evidence: You will need to prove that PFAS exposure impacted your health. You need to provide a correlation between these two elements.
- The representation: Large companies have teams of lawyers. You need good legal representation to stand up to them.
If you have been contaminated by PFAS and it has affected your health and life, work with legal experts who can help. Hire a lawyer who specializes in mass tort cases.
PFAS Lawsuit Updates
Many Americans are just starting to realize the dangers of PFAS and the impacts these chemicals have on their lives. Here are a few examples of PFAS verdicts from plaintiffs who sought justice for the wrongdoings of manufacturing companies:
- Connecticut Attorney General William Tong recently brought a suit against 28 chemical companies for knowingly contaminating local waters with PFAS. The suit was filed in late January 2024.
- More than half of state Attorneys General (27 total) have brought lawsuits against PFAS manufacturers. Four states have reached settlements from these suits.
- New Jersey is the most recent state to reach a settlement. Solvay Specialty Polymers USA, LLC agreed to pay $393 million to remediate contaminated sites and improve the local water system.
Each of these cases sets a precedent that proves Americans deserve clean air and water, along with safe consumer products that won’t harm their health.