Aqueous film-forming foam (AFFF) has long been an essential tool in firefighting, particularly for tackling flammable liquid fires. However, the use of AFFF has come under increasing scrutiny due to the presence of toxic per and polyfluoroalkyl substances (PFAS)
Firefighters, military personnel, and communities living near facilities employing AFFF are at risk of serious health problems as a result of prolonged exposure. This has led to a surge in AFFF lawsuits. As noted by Global Litigation News, over 3,000 lawsuits are pending in the AFFF MDL in South Carolina.
In this article, we will explore how attorneys are working to safeguard public health in the battle against AFFF. We will also see how legal professionals have played a key role in representing the interests of those affected.
Understanding AFFF and PFAS Contamination
Legal professionals involved in AFFF cases must possess a comprehensive understanding of AFFF and the health risks associated with PFAS contamination. AFFF is a firefighting foam used to combat flammable liquid fires, particularly those involving petroleum-based fuels.
According to the Alaska Department of Environmental Conservation, AFFF contains PFAS. This includes perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). They are synthetic chemicals with potential health implications.
To build effective cases, legal experts need to be well-versed in the chemical composition of AFFF and its historical use. They also need to be wary of the risks associated with PFAS exposure, as well as the evolving regulatory landscape surrounding these substances.
Identifying the Affected Parties
Legal professionals in AFFF cases face the challenge of identifying and representing a diverse array of parties impacted by AFFF exposure. These parties include civilian and military firefighters who have used AFFF extensively. This also includes airport workers, oil rig workers, chemical plant employees, and even residents living in proximity to facilities where AFFF has been employed.
Each group may have distinct legal considerations, and attorneys must tailor their strategies to the specific needs of their clients. They have to do this all while staying informed about the ever-expanding pool of potential claimants.
Establishing Causation
Establishing causation is an important aspect of AFFF lawsuits. According to TorHoerman Law, legal experts are instrumental in gathering and demonstrating evidence linking AFFF exposure to plaintiffs’ health issues. This involves detailed examination of medical records, scientific studies, and expert testimony.
Connecting the dots between AFFF exposure and conditions like cancer, immune system damage, or other illnesses is a complex part of these cases. This step requires a multi-faceted approach that accounts for evolving medical research.
Pursuing Accountability
Legal professionals engaged in AFFF cases are tasked with pursuing accountability from manufacturers, including prominent companies like 3M. These manufacturers are accused of being aware of the health risks associated with PFAS in AFFF.
Legal experts aim to hold these entities accountable for their alleged failure to adequately warn the users of the risks associated with AFFF. This pursuit of accountability is a central objective of AFFF lawsuits. It involves strategic legal arguments and the presentation of evidence, combined with ongoing negotiations with manufacturers.
Settlement Negotiations
Firefighter foam cash settlements are a critical phase in AFFF litigation. Legal professionals play a crucial role in guiding their clients through this process. According to Waterworld, 3M recently made a proposal of settlements worth $10.3 billion to resolve the AFFF lawsuits. When companies offer such substantial settlements, attorneys advise their clients on whether to accept or reject these offers.
The decision-making process involves weighing the potential benefits of a settlement against the desire for a full trial and the potential for higher compensation. Adapting to evolving legal strategies and considering the unique circumstances of each client at the same time is also crucial.
Ongoing Litigation and MDLs
In cases with numerous plaintiffs, multidistrict litigation (MDL) often becomes necessary to efficiently manage the legal process. Legal professionals work to streamline the complex framework of MDLs, ensuring that individual cases are heard effectively.
They collaborate to address common issues while representing the diverse interests of their clients, who may come from various regions and backgrounds. This cooperative approach not only facilitates efficient proceedings but also encourages the exchange of best practices and legal strategies among legal professionals.
Advocacy and Public Awareness
Legal professionals involved in AFFF cases also contribute to raising public awareness about the dangers of AFFF and PFAS contamination. Beyond individual cases, they play a crucial role in advocating for regulatory changes and safety improvements in firefighting practices.
By highlighting the risks associated with AFFF and PFAS, legal professionals contribute to the broader effort to protect public health and the environment. They actively participate in legislative and regulatory discussions while pushing for transparency and safety measures in the use of firefighting foams.
Final Word
Legal professionals are playing a critical role in addressing the AFFF and PFAS contamination crisis. With a deep understanding of the chemical composition and health risks of AFFF, they tirelessly represent diverse groups affected by exposure.
They help establish causal links, pursue accountability from manufacturers, and guide their clients through settlement decisions. Multidistrict litigation (MDL) cases benefit from their expertise in streamlining complex legal processes.
Beyond individual cases, these legal advocates raise public awareness, advocate for regulatory changes, and promote safety improvements in firefighting practices. Through their dedicated efforts, they are not only seeking justice for those impacted but also contributing to broader efforts to protect public health.