FIREFIGHTING FOAM LAWSUITS

Toxic chemicals known as per- and polyfluoroalkyl substances (PFAS) have been used to produce firefighting foam since the 1950s. PFAS include PFOA, PFOS and many other chemicals. The Environmental Protection Agency (EPA) identified PFAS as an “emerging contaminant”, which indicates it is likely dangerous to human health. Firefighting foam has been linked to kidney, testicular, and pancreatic cancer in firefighters and military personnel who are routinely exposed to the dangerous chemicals.

What is Firefighting Foam?

Firefighters, including those stationed at military bases and airports, use a particular type of chemical-based foam to extinguish fires more effectively. Known as aqueous film-forming foam (AFFF), many of these products are made with the toxic chemicals, PFOS and PFAS. PFOS and PFAS have been linked to various health conditions, including an elevated risk of cancer and stunted growth in children. The Centers for Disease Control and Prevention and the EPA have reported that PFAS may be associated with cancer. Many municipal fire departments have ceased using firefighting foam containing PFAS, but military bases throughout the country continue to use the dangerous foam. Moreover, PFOS and PFAS in firefighting foam does not only affect those who handle it- these chemicals have been known to enter local groundwater and contaminate drinking water supplies that are accessible to those who live nearby.

What is Happening with Firefighting Foam?

U.S. military firefighters have been using firefighting foam for almost 60 years and firefighters at airports were required by the Federal Aviation Administration to use the foam until 2018. The Department of Defense identified over 400 military sites that are potentially contaminated with the toxic compounds contained in firefighting foam. In 2018, a federal inquiry determined that PFAS are more dangerous than previously reported and prompted revised recommendations for safe levels of exposure to the compounds. Lawsuits have been filed against manufacturers of firefighting foam for failing to warn users that exposure to the chemicals contained in firefighting foam could lead to various cancers.

The Department of Environmental Protection of the State of New Jersey announced that the state filed a lawsuit against companies for knowingly producing and selling products containing toxic firefighting foam in New Jersey for decades. According to the lawsuit, which asserts both environmental and consumer fraud claims, corporations manufactured and sold AFFF products that contain PFOA and PFOS chemicals to firefighters even though they were aware of the health and environmental risks posed by these chemicals when they are released into the environment.

https://www.atsdr.cdc.gov/pfas/health-effects.html

https://www.nj.gov/dep/newsrel/2019/19_0514b.htm

https://www.cnbc.com/2019/07/12/new-drinking-water-crisis–stemming-from-us-military-bases-pfas-contamination.html

Firefighting Foam Side Effects and Complications

The most serious side effects of exposure to chemicals in firefighting foam include:

• Impaired growth in children;
• Fertility complications;
• Damage to the immune system; and
• Increased risk of kidney, testicular and pancreatic cancers. 

Does Firefighting Foam Cause Cancer ?

Research studies have identified a link between firefighting foam and some serious or deadly cancers. The particles of foam released may be inhaled, ingested orally, or absorbed through the skin. The cancer-causing agent in the foam accumulates and remains in the body. When the exposure occurs over years in high concentrations, it has been linked to thyroid disease, testicular cancer, kidney cancer, and bladder cancer.

What Degree of Exposure to Firefighting Foam Poses Risk?

It is currently believed that exposure to the dangerous chemicals in Firefighting Foam must occur over several years and is associated with the quantity you were exposed to over those years, and the duration. Firefighters and military personnel who are regularly exposed to toxic PFAS and PFOA in the foam are considered to be at highest risk.

What Industries Allowed the Highest Exposure to Firefighting Foam?

If you served as a firefighter or in the military and were exposed regularly to Firefighting Foam and have now developed cancer, it is imperative that you engage a Firefighting Foam litigator to evaluate your case to determine whether the level of exposure will allow you to move forward with legal action to seek justice and compensation. Others who may have regularly been exposed to the toxins in Firefighting Foam include:

• Airport workers
• Highway emergency response personnel
• Employees at refineries, oil tankers, offshore platforms
• Workers at food processing and packaging facilities
• People living in proximity to military bases or airports

What Cancers are Associated with Exposure to Firefighting Foam?

The types of cancers linked to regular exposure to Firefighting Foam could include:

• Kidney cancer
• Testicular cancer
• Bladder cancer
• Lymphoma
• Colorectal cancer
• Liver cancer
• Thyroid cancer
• Lung cancer
• Breast cancer
• Ovarian cancer
• Prostate cancer

What Other Conditions May be Linked to Exposure to Firefighting Foam?

Some other conditions may be associated with exposure to Firefighting Foam, including asthma, fertility problems, liver disease, fetal damage, and several other conditions. If you are suffering a serious health condition and were regularly exposed to the chemicals in Firefighting Foam, you may have the ability to file a legal claim to recover compensation.

How Can You Be Tested for PFOA and PFAS Exposure?

Most people have had some level of exposure to these dangerous, toxic chemicals. A test can be performed to measure the quantity of PFAS in your blood, but this test must be ordered by your physician as it is not routinely performed. The blood test evidence may be one facet of the documentation in a lawsuit filed against the negligent parties.

Who is Liable in Firefighting Foam Cases?

A lawsuit or claim to seek compensation for damages may be filed against the companies who manufactured the Firefighting Foam.

What Evidence Can Support a Firefighting Foam Injury Claim?

The evidence obtained in filing a lawsuit may include medical records, work or military records, documentation of your level of exposure, along with other detailed evidence. The litigation team at Levy Konigsberg, after taking on your case, takes action to obtain and preserve all relevant evidence, and move forward with a claim or lawsuit.

What Companies Manufactured Toxic Firefighting Foam?

Several well-known companies manufactured brands of Firefighting Foam. Several of these large chemical companies are coming under fire, and subject to lawsuits filed by individuals, and even states. The companies who produced the foam, as reported by the Daily Voice, include but are not limited to:

• The 3M Company
• Tyco Fire Products LP
• Chemguard Inc.
• Buckeye Fire Equipment Company
• Kidde-Fenwal, Inc.
• National Foam, Inc.
• E.I. du Pont de Nemours & Company
• The Chemours Company

Many other chemical and Firefighting Foam manufacturers were involved in producing the foam, allegedly aware of the health risks to those who were regularly exposed to it.