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Update:
- A federal judge in South Carolina has denied 3M’s attempt at a government immunity defense over claims the company knowingly withheld information about the risks of its firefighting foam.
- 3M has been accused of contaminating groundwater with alleged per- and polyfluoroalkyl substances (PFAS) — also known as forever chemicals — found in its firefighting foam product.
- The company unsuccessfully argued it met the criteria to qualify for government contractor immunity.
- 3M reportedly failed to disclose its firefighting foam contained PFAS until 2000, despite allegedly knowing about and not disclosing the dangers associated with its product.
- The judge also wrote in his opinion that 3M had represented that the chemicals in its firefighting foam were biodegradable and not harmful to the environment.
Firefighting foam class action lawsuit overview:
- Who: Tim Treckman filed a class action lawsuit against a number of companies who manufacture and sell firefighting foam.
- Why: Treckman claims the companies put the health of firefighters at risk by knowingly selling foam containing harmful synthetic chemicals.
- Where: The class action lawsuit was filed in Texas federal court.
(Jan. 31, 2022)
A number of companies knowingly manufactured and sold firefighting foam containing harmful synthetic chemicals, putting the health of firefighters at risk, a new class action lawsuit alleges.
Plaintiff Tim Treckman claims Aqueous Film-Forming Foam (AFFF) manufactured and sold by 3M Co., Williams Fire & Hazard Control, Johnson Controls Inc., Tyco Fire Products LP, The Ansul Co., Chemguard Inc., National Foam Inc., Kidde-Fenwal Inc. and US Pump Co. LLC contains per- and polyfluoroalkyl substances (PFAS), which have been linked to “adverse health conditions.”
Treckman, who worked for the Austin Fire Department for 35 years, wants to represent a nationwide class of first responders who have been exposed to AFFF products containing PFAS, along with family members and legal representatives who have direct or derivative claims.
Treckman, who says he was diagnosed with type 2 renal cell carcinoma last January, claims he was exposed to AFFF foam containing PFAS on “numerous occasions” while working at the Austin-Bergstrom International Airport.
“While using AFFF to fight fires, Plaintiff came into close contact with and inhaled and/or ingested foam containing PFAS chemicals,” the class action lawsuit states.
Treckman alleges the companies know the AFFF foam they sell is “inherently dangerous” and presents an “unreasonable risk of harm to human health.”
Further, Treckman argues the companies “breached their duty” to their customers by failing to warn them about the “potential harmful effects.”
Exposure to PFAS linked to number of adverse health effects
Exposure to PFAS has been linked to a number of adverse health effects, including liver and kidney damage, tumors and reproductive, developmental and immunological harm, according to the class action lawsuit.
PFAS have also been coined “forever chemicals” due to the fact they “accumulate in the body and stay for long periods of time,” according to the class action lawsuit.
Treckman claims the companies are guilty of negligence, gross negligence and strict products liability. He is demanding a jury trial and requesting medical monitoring and punitive damages for himself and all class members.
Earlier this month, 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.
The plaintiff is represented by David W. Hodges, Don J. Foty and Jerry W. Mason of Hodges & Foty LLP.
The firefighting foam PFAS class action lawsuit is Treckman v. 3M Co., et al., Case No. 1:22-cv-00076, in the U.S. District Court for the Western District of Texas.
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