Firefighting foam has long been used as an effective tool in fighting fires, particularly those involving flammable liquids like gasoline and jet fuel. However, as the use of firefighting foam has increased, so too has the number of lawsuits filed over its alleged harmful effects on the environment and human health.
According to the Lawsuit Information Center, the MDL for the firefighting foam class action received 354 new cases on March 16, 2023. As a consequence, the MDL has 4,058 active cases as of right now, exceeding the 4,000 case limit. A greater-than-average number of new files have also been added to the MDL for the second month in a row.
Additionally, states have banned or restricted PFAS-containing foam, and the 2021 National Defense Authorization Act has provisions to phase out PFAS in military firefighting foam. Manufacturers are developing PFAS-free foam, but concerns remain over legacy contamination and health impacts.
In this article, we’ll take a closer look at the evolution of firefighting foam lawsuits, including the emergence of class action litigation.
The Growing Concerns
Over the past few decades, there has been a growing concern over the environmental and health impacts of firefighting foam. The foam contains per- and poly-fluoroalkyl substances (PFAS), which have been linked to a wide range of health problems, including cancer, liver damage, and immune system dysfunction. In addition, PFAS are known to persist in the environment for years, leading to concerns about contamination of groundwater and other water sources.
The United States Environmental Protection Agency (EPA) has announced that its researchers are currently working on developing and validating laboratory techniques to identify and measure certain types of PFAS in air, water, and soil. In a recent update, the EPA unveiled an updated version of EPA Method 537.1, which includes additional PFAS, such as Hexafluoropropylene oxide dimer acid (HFPO-DA), a chemical commonly found in GenX, that can be detected in drinking water.
Early Lawsuits and Subsequent Expansion
The first lawsuits over firefighting foam were filed in the 1980s by firefighters and military personnel who had been exposed to the foam and suffered health problems as a result. These lawsuits typically targeted the manufacturers of the foam, alleging that they knew or should have known about the potential risks associated with PFAS but failed to warn consumers or take steps to minimize exposure adequately.
In recent years, the scope of firefighting foam litigation has expanded significantly. Lawsuits are now being filed not only by individuals who have been directly exposed to the foam but also by communities and environmental groups who allege that PFAS from the foam has contaminated their drinking water or other natural resources.
The lawsuits are typically filed against a variety of defendants, including manufacturers of firefighting foam, airports, military bases, and other entities that have used the foam.
Personal injury law firms like TorHoerman Law, LLC have taken up cases of individuals who want to initiate a firefighting foam lawsuit and have shown active involvement in representing individuals and communities impacted by the harmful effects of PFAS.
The Emergence of Class Action Lawsuits
In response to the growing number of individual lawsuits, some plaintiffs have begun to pursue class action litigation. These lawsuits consolidate the claims of multiple individuals into a single lawsuit, making it easier and more efficient to pursue justice for those who have been harmed by firefighting foam.
According to a post on AboutLawsuits from 2022, the 3M Company and other manufacturers are being sued as part of a class action lawsuit. The lawsuit is on behalf of people who lived or worked on military bases where toxic firefighting foam was frequently used during training exercises.
The complaint claims that the claimants and other participants have a “legitimate fear” of developing medical conditions as a result of their PFAS exposure, including cancer, high cholesterol, thyroid issues, immune system damage, liver injuries, and immune system damage.
Conclusion
The increasing number of lawsuits over the harmful effects of firefighting foam and PFAS highlights the urgent need for action to address these substances’ environmental and health impacts. While early lawsuits targeted the manufacturers of the foam, recent litigation has expanded to include a wide range of defendants, including military bases and airports.
The emergence of class action lawsuits represents a way to consolidate multiple individual claims and streamline the pursuit of justice for those who have been harmed. It is clear that the issue of PFAS contamination requires continued attention and action from both individuals and institutions to address its far-reaching consequences.
