AFFF Lawsuits Over Liver and Thyroid Cancer To Be Added in Bellwether Trials

Aqueous Film-Forming Foam (AFFF) is a firefighting suppressant widely used by fire departments, airports, and the military to combat high-intensity fires. The foam works by developing a protective layer that cools the cool and stops it from getting reignited. However, it is PFAS (per and polyfluoroalkyl substances) that makes this foam toxic. Also known as ‘forever chemicals’, PFAS doesn’t break down and persists in the human body and environment, harming both. 

Exposure to this foam can cause a wide range of severe health problems, including thyroid and liver cancer. As a result, lawsuits have emerged, demonstrating how PFAS exposure affected firefighters and others. Drugwatch reported that in September 2024, nearly 9,843 lawsuits had been filed in MDL in South Carolina. Out of this, 9,576 lawsuits are still pending. 

The lawsuits brought the foam manufacturers under legal scrutiny because they failed to warn users about the foam’s potential dangers. This led to ongoing legal battles and widespread litigation. In this article, we will discuss the AFFF lawsuits for thyroid and liver cancer forwarded to Bellwether trials. 

An Overview of AFFF Lawsuits 

Also, the U.S. Department of Defense has been using this toxic foam since the 1970s. This is even though long-term exposure to PFAS has been shown to heighten the chances of developing cancer. 

According to Consumer Notice, municipalities, states, individual plaintiffs, and cities across the United States are filing AFFF lawsuits. The complaints claim that PFAS manufacturers and NFPA (National Fire Protection Association) knew about the potential health hazards of PFAS exposure. 

Although the AFFF class action lawsuit is still in its early stages, several significant developments have already occurred. Since the lawsuit was filed, several studies, including those from government agencies, have been published. Each study has either reinforced previous findings or identified additional cancer risks for firefighters and others exposed to PFAS. As more research emerges, the plaintiffs’ case continues to gain strength.

Kidde-Fenwal Inc., a manufacturer of fire control systems, had filed bankruptcy because of several lawsuits because many of their products contained PFAS. As a result, it polluted the soil and drinking water. The recent AFFF lawsuit update states that companies such as 3M and DuPont have also been mentioned in the lawsuits. 

AFFF Lawsuits Over Thyroid and Liver Cancer 

In March 2024, AboutLawsuits.com reported that last year, Judge Gergel had started a bellwether process for chosen AFFF lawsuits. These cases were undergoing specific discovery and pretrial motions to prepare for early trial dates. The objective was also to evaluate how the injuries might respond to certain evidence central to broader litigation. 

The initial bellwether trials comprised claims including ulcerative colitis, testicular cancer, kidney cancer, and thyroid disease. Nearly 28 AFFF lawsuits were selected, and they were narrowed down to a small group for the trials. 

Also, in December 2023, the Court asked the parties to create a plan to address other injury claims beyond the initial conditions. Also, they had to set a timeline for discovering these additional cases. 

This year, in March, the plaintiffs suggested that the second bellwether group comprises cases related to thyroid and liver cancer. The court’s case management order issued on the same day outlined the process for preparing these claims for trial. Hence, plaintiffs were asked to submit relevant peer-reviewed studies by April. The defendants were asked to provide rebuttal studies by May 1st. Both groups were asked to submit their research to the court by May 15. 

The Outcome of Bellwether Trials

Although the outcome of these initial bellwether trials won’t directly impact other cases, they might influence future settlement discussions. The compensation awarded by juries in these trials may shape the direction of firefighter cancer lawsuit settlements. 

There were lawsuits filed by firefighters diagnosed with cancer and injuries from AFFF-polluted drinking water. Even manufacturers faced thousands of lawsuits from cities, states, and municipalities. All these lawsuits sought compensation for the costs of removing toxic chemicals from the local water supplies.

Additionally, in June 2023, 3M Company decided to pay a settlement amount of $12.5 billion to resolve AFFF’s local water contamination claims. However, no settlements have been reported for AFFF injury lawsuits, and none of those individual cases have gone to trial yet.

That shouldn’t discourage you from filing a lawsuit if you’ve been affected by AFFF exposure. If you’ve been diagnosed with thyroid or liver cancer or any other disease, you need to get a medical diagnosis. Once it’s proven that PFAS led to your disease, you should seek legal recourse. 

TruLaw states that victims of PFAS exposure should consult a lawyer and share their case history. They will study the case and determine if you are eligible for a lawsuit. Next, they will guide you through the legal procedures, collect evidence, and build a strong case. That will ensure you receive your compensation and use it to cover your medical expenses and other sufferings.

FAQs 

Does AFFF cause thyroid and liver cancer?

Aqueous film-forming foam (AFFF) has PFAS, which has been linked to health issues. PFAS exposure may increase the risk of thyroid cancer because of hormone disruption and liver cancer through liver damage. Although research is still evolving, PFAS in AFFF is considered carcinogenic and can lead to the development of fatal cancers. 

What are the symptoms of AFFF exposure?

Exposure to AFFF can lead to various symptoms. These may include skin irritation, respiratory issues, and gastrointestinal problems. Long-term exposure may cause severe effects like liver damage, thyroid disorders, and increased cancer risk. All these symptoms can differ based on the level and duration of exposure. However, the common signs include rashes, breathing difficulties, and digestive issues.

Are AFFF lawsuits helping the cause?

AFFF lawsuits are raising awareness and emphasizing accountability from manufacturers over PFAS-related health risks. They are resulting in settlements and regulatory changes, thereby prompting increased research and stricter regulations on PFAS. These legal actions are crucial in addressing health concerns and promoting environmental safety.

Hence, the increasing number of AFFF lawsuits suggests that the toxic foam causes serious environmental and health concerns. Over the years, lawsuits about several diseases because of PFAS exposure have been filed. Currently, AFFF lawsuits over thyroid and liver cancer are also being sent to bellwether trials. The outcome will play an essential role in determining how future cases with cancer diagnoses will be managed.