Since 2017, a major litigation that has kept lawyers on their toes is the firefighting foam lawsuit. It was started by firefighters and military servicemen injured due to regular and prolonged exposure to Class B firefighting foam.
Also known as Aqueous Film Forming Foam (AFFF), this foam is used to put out fires that break out due to liquid fuel. The foam is undoubtedly effective as liquid-fuel fires can be highly destructive. They spread quickly and can cause much loss of life and property.
Due to its low viscosity, Class B firefighting foam helped extinguish such fires in a short span. However, the chemicals constituting this foam are highly toxic. Per- and polyfluoroalkyl substances, or PFAS, are a group of 12,000+ complex bonds of carbon and fluorine.
In the broader conversation about firefighting safety and innovations, understanding the structural components that contribute to fire protection is crucial. This includes distinguishing between different types of fire-resistant technologies used in building construction, such as fire partitions and fire barriers. Each plays a unique role in preventing the spread of fire within structures, offering various levels of protection and compliance with safety standards. For those interested in delving deeper into the specifics and understanding the difference between these critical safety features, fire partition vs fire barrier provides a comprehensive overview. This knowledge is especially relevant as we consider the environmental impact and safety effectiveness of firefighting methods and materials.
Their hazardous effects led many firefighters to develop life-threatening conditions like cancer. This is the premise for the firefighting foam litigation against manufacturers like 3M and DuPont. In this article, we will explore the scope of this lawsuit – how far it has come, and whether all cases will be settled in 2024.
The Litigation Has Certainly Come Far
According to TorHoerman Law, the firefighting foam lawsuit branches into two categories – personal injury lawsuits filed by military servicemen and water contamination lawsuits filed by municipalities.
The latter stems from the fact that PFAS also causes tremendous damage to the environment. These chemicals can easily seep into the ground and contaminate groundwater (consequently polluting municipal supply water).
The Environmental Protection Agency (EPA) already has 180 Superfund sites listed for PFAS cleanup. The litigation was consolidated into a class-action multi-district litigation (MDL) in 2018. Thousands of lawsuits were filed under each category.
Last year, major progress was made as the first-ever Bellwether trial in the AFFF lawsuit was held. The chosen case was one under the water contamination category – City of Stuart vs. 3M Co. Et Al. Thankfully, the verdict came in favor of the plaintiff’s counsel.
3M agreed to pay a total of $10.3 billion over 13 years for PFAS detection and cleanup. This meant that the plaintiff’s attorneys would get a clear idea of individual payouts for water contamination lawsuits. In a nutshell, a major leap in litigation was made in 2023.
The Current Inventory of Lawsuits
As the negotiation was made between 3M and municipalities, the plaintiff’s counsel expressed hope in having the personal injury lawsuits resolved quickly. However, there was one obstacle to that.
It was found that not all firefighting foam lawsuits were due to toxic levels of PFAS. There was another class of lawsuits filed for Telomer-based firefighting foam. In other words, Telomer-based firefighting foam has relatively lower levels of PFAS.
As a result, those lawsuits were not included in the trial held for water contamination cases. This only meant that the personal injury lawsuits would be pushed further back (until the remaining water contamination cases were settled).
The latest AFFF lawsuit update is that the Bellwether trials for Telomer-based firefighting foam lawsuits will likely be held in August 2024. Over 6,000 cases are pending with attorneys, who continue to accept more filings.
The trial month was declared back in September 2023. This means preparations are underway for both sides to prepare for the discovery process. Under this process, both parties will gather evidence to prove their point in court.
The Judge has prepared the Case Management Order, and the plaintiffs/defendants are choosing cases to go to trial.
Is There a Possibility of Personal Injury Lawsuit Settlements in 2024?
Now, why the court decided to take up water contamination cases first to be settled stands to reason. This is because some personal injury lawsuits in this litigation demand a greater sense of urgency.
While the litigation was dominated by water contamination case settlements, the plaintiff’s counsel was dealing with lost clients. A couple of them yielded to their severe injuries and passed away as a result.
The Judge had to pass the Suggestion of Death Notice in such cases. It means the plaintiff has passed away and will be substituted by a relevant representative. Family members have taken over such lawsuits under wrongful death.
In the final analysis, it is high time that the personal injury cases take precedence. Will it all happen in 2024 itself? At least that is what the plaintiff’s side is hoping with bated breath.
We are almost reaching the finish line, provided the race’s terms are not changed again. In other words, any further delays would push personal injury lawsuit settlements to the next year.