Autumn McClain  |  December 12, 2022

Category: Legal News

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firemen putting out fire with foam

A firefighting foam lawsuit has been filed against several chemical companies over their role in concealing the dangers of exposure to firefighting foam used by firefighters, military members, and airport workers.

The chemicals that make up most firefighting foam products have been linked to a higher risk of cancer and are nearly impossible to destroy and have also reportedly made their way into Michigan’s drinking water, the lawsuit claims.

Firefighting foam lawsuit overview

Michigan Attorney General Dana Nessel is suing 17 chemical companies regarding their role in PFAS contamination in the state, MLive reports. According to the lawsuit, the companies deliberately concealed the potential dangers of PFAS in order to protect their profits.

PFAS stands for poly- and perfluoroalkyl substances, which are a primary component of firefighting foams.

This firefighting foam lawsuit alleges that foam makers knowingly concealed the dangers posed by these chemicals in order to protect their profits. PFAS chemicals have been linked to several health problems in those exposed to them including infertility, liver damage, and a range of cancers.

PFAS are also known as “forever chemicals” because they are nearly impossible to destroy. Because of this, these chemicals have been found in drinking water throughout Michigan and near other sites where the foam is commonly used like airports and military installations.

There are currently 74 known sites of PFAS contamination in Michigan, according to MLive. This contamination can spread through groundwater and surface water, and there are currently nearly 2 million Michigan residents drinking water with some level of PFAS contamination. And removal of PFAS from drinking water is challenging, according to studies.

Most importantly, the suit alleges that the companies in question “deliberately concealed the dangers of PFAS and withheld scientific evidence.” Defendants include DuPont, 3M, and Chemours, a spinoff of DuPont.

What are the properties of firefighting foam?

Firefighting foam is intended to be a more effective alternative to water for putting out specific types of fire, like those caused by flammable liquids or vapors.

According to a guide to firefighting foams distributed to firefighters, this foam works in four ways: it excludes oxygen from the flammable source, eliminates the vapors that may come from that source, separates the flames from the fuel, and cools the fuel and surrounding surfaces. The foam does this by expanding across the surface of a flammable source.

Properties of firefighting foam include the fact that the foam itself is flame resistant, fuel resistant, alcohol resistant, and can suppress vapors. Different types of firefighting foams will perform better or worse in each of these categories depending on their chemical makeup.

According to the guide, firefighting foam should never be sprayed directly on the flames but should instead either be rained down, bounced off of another surface, or slowly spread over the area.

Is there a firefighting foam cancer link?

Due to their resistance to breaking down, firefighting foam PFAS are known to accumulate and linger in the body, according to the U.S. Fire Administration (USFA).

Long-term exposure to these substances can potentially cause a significant buildup of these chemicals, something which the USFA reports has been linked to thyroid disease as well as cancers of the kidney, bladder, and testes. Studies have shown PFAS behave similarly and have similar effects on the body to other carcinogens, MedicalNewsToday reported.

PFAS are present in a wide variety of products including cookware, clothes, carpets, and, of course, firefighting foam.

When should you file a firefighting foam lawsuit?

There are a few groups of people who may be eligible to file a firefighting foam lawsuit. The most obvious group is made up of those who frequently use the substance in their line of work: firefighters, military personnel, airport fire brigades, and other airport personnel. If you fall into any of these groups and you’ve developed cancer, you may be able to seek compensation for any treatment needed for or expenses caused by your cancer.

mom and daughter at sink getting glass of waterHowever, residents living near highly contaminated sites may also be eligible to file a firefighting foam lawsuit if they’ve developed cancer as a result of their exposure to these chemicals.

In both of these cases, the best time to file is after you have been diagnosed with some form of cancer. However, it’s possible that you may be able to file a lawsuit even if you haven’t developed cancer. A firefighting foam lawyer can help you determine the best timeline to follow in order to make a strong case.

What firefighting foam lawsuits have been filed?

There have been a variety of firefighting foam lawsuits filed by states and cities combating PFAS contamination and hundreds of residents who’ve faced exposure. More than 100 firefighting foam lawsuits were combined into one in August 2019, per ChemicalWatch. The combination of these lawsuits is known as a multidistrict litigation, or MDL. The PFAS MDL could result in manufacturers facing billions of dollars in claims.

Michigan is one of several states filing a firefighting foam lawsuit against chemical companies, according to MLive.

Another lawsuit filed in May 2020 had more than 200 plaintiffs seeking compensation for the contamination of the area near DuPont’s North Carolina facility, according to The Fayetteville Observer. The lawsuit was filed by These plaintiffs allege that contamination resulted in reduced property values, reduced property opportunities, and increased costs of accessing clean water.

Individual plaintiffs have sued over PFAS risks as well.

Three PFAS chemical companies said in February 2021 that they were setting aside $4 billion to settle a similar lawsuit in Ohio.

What damages can you expect to receive?

There are two types of plaintiffs seeking compensation through firefighting foam lawsuits, although there is an overlap of these groups. First, there are residents of locations that have allegedly been contaminated by firefighting foam PFAS.

Second, there are plaintiffs with cancer who claim that exposure to firefighting foam caused their illness. The members of the second group may also fall into the category of the first, but residents don’t have to have cancer to seek compensation.

For those who don’t allege they developed negative health effects as a result of contamination, damages being sought include compensation for reduced property value, loss of agricultural use of the property, and the cost associated with accessing clean water without PFAS contamination.

Those who allege they developed cancer from firefighting foam and PFAS may also seek the damages listed above, but they are likely to further seek compensation for the medical costs associated with their condition, any reduction to quality of life, pain and suffering, and any lost wages.

Get a free firefighting foam cancer class action lawsuit claim review

If you or someone you love developed cancer after being exposed to firefighting foam, you may have a legal claim. 

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