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Forever chemicals class action lawsuit overview:
- Who: Former firefighter Kevin Hardwick has had a class action lawsuit certified against a number of companies that manufacture products with toxic “forever chemicals” in them.
- Why: Hardwick claims the companies put the health of people nationwide at risk by knowingly selling products, including firefighting foam, containing harmful synthetic chemicals.
- Where: The class action lawsuit was certified in an Ohio federal court.
A class action lawsuit alleging the United States’ top chemical companies knowingly put people’s health at risk for decades by selling and distributing products with toxic “forever chemicals” in them can move forward, a judge has ruled.
On Mar. 7, U.S. District Judge Edmund A. Sargus Jr. certified a class of plaintiffs led by former Ohio firefighter Kevin Hardwick.
Hardwick alleges that chemical giants 3M Co., E.I. du Pont de Nemours and Co., the Chemours Co. and others knew about dangerous toxins in their products but sold them anyway, poisoning people.
Hardwick pushed the court to recognize a nationwide class of plaintiffs exposed to per- and polyfluoroalkyl substances (PFAS) and order major manufacturers to fund a scientific panel to study health impacts.
Judge Sargus said he would certify a class of Ohio residents but not the full nationwide class Hardwick had asked for. The certified class currently includes any person subject to Ohio laws with a blood concentration of 0.5 parts per trillion of any PFAS.
“Mr. Hardwick raises common questions relating to the extent to which having PFOA [perfluorooctanoic acid] and at least one other PFAS at the levels required for class membership causes an increased risk of disease in the class members,” Judge Sargus said.
Judge Sargus said he’d allow briefing for subclasses in different states in the future.
Meanwhile, attorneys for the plaintiffs said they were “honored to provide the opportunity to represent millions of people who deserve scientific answers to what harm these chemicals put into their bodies without their consent will do to them.”
PFAS exposure linked to number of adverse health effects
Hardwick’s case is one of a number of lawsuits targeting chemical companies that manufacture PFAS, which were developed in the 1930s and 1940s.
PFAS toxic chemicals are considered “forever chemicals” because of their inability to break down in the environment. One of the first commercially used products that used PFOS was 3M’s Scotchgard stain repellant. Both PFOS and PFOA (perfluorooctane sulfonic acid) are PFAS and were integral components of Teflon coatings, too.
Others have turned to litigation over PFOS and PFOA contaminants. The National Rural Water Association filed a class action lawsuit against firefighting foam manufacturers, accusing them of contaminating groundwater with carcinogenic substances. Companies such as DuPont and ExxonMobil have agreed to multimillion dollar settlements to resolve claims of groundwater contamination.
Earlier this year, a new class action lawsuit was lodged in Texas alleging a number of companies knowingly manufactured and sold firefighting foam containing harmful synthetic chemicals, putting the health of firefighters at risk.
The news comes after 3M was part of a group of companies who agreed to pay $5 million to resolve claims it contaminated the Tennessee River with PFAS.
Have you been exposed to PFAS while using firefighting foam? You may be eligible to join a free class action lawsuit investigation (links to paid attorney content).
The class is represented by David J. Butler, Brian A. Morris, Jonathan N. Olivito and Robert A. Bilott of Taft Stettinius & Hollister LLP; Gary J. Douglas, Michael A. London and Rebecca G. Newman of Douglas & London PC; and Ned E. McWilliams Jr. of Levin Papantonio Thomas Mitchell Rafferty & Proctor PA.
The Ohio forever chemicals class action lawsuit is Hardwick v. 3M Co., et al., Case No. 2:18-cv-01185, in the U.S. District Court for the Southern District of Ohio.
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