The primary use of Aqueous Film Forming Foam (AFFF) is to extinguish fires that involve flammable liquids. It contains toxic PFAS, leading to ecological damage and critical health issues.
However, the EPA classifies PFOA and PFOS, two PFAS present in AFFF, as “emerging contaminants.” These chemicals stay in your body after ingestion, whether through food, water, or exposure at work, especially during firefighting. PFAS can enter the body through inhalation and absorption through the skin.
Who Has Been Exposed to AFFF?
Individuals exposed to firefighting foam over a long period are at higher risk. Due to the nature of their occupations, these individuals are at an increased risk of experiencing health issues. This group comprises firefighters, airport personnel, employees in the chemical industry, and members of the military.
It’s important to note that you could still be affected even if you haven’t had direct contact with firefighting foam. The sole reason is that PFAS chemicals do not break down easily. Furthermore, contamination of groundwater and soil can occur. Similarly, those residing in proximity to military bases, airports, or industrial sites where AFFF has been employed face potential risks.
How Does Exposure to AFFF Firefighting Foam Impact Individuals?
Over time, AFFF has been a reliable option for firefighting professionals to combat flammable liquid fires. However, the US Environmental Protection Agency (USEPA) stated that being exposed to PFAS present in AFFF results in negative health effects.
Following this, epidemiological investigations and multiple other studies inspected the cancer risks associated with AFFF PFAS exposure. The lawsuit encircling it is the firefighter cancer lawsuit.
Some of the exceptionally dangerous health issues that can arise include:
- Prostrate Cancer
- Thyroid Cancer
- Liver Cancer
- Kidney Cancer
- Ovarian Cancer
- Pancreatic Cancer
- Testicular Cancer
- Breast Cancer
- Bladder Cancer
Who Qualifies to File a Lawsuit Regarding Firefighting Foam?
According to TorHoerman Law, eligibility criteria for filing an AFFF-related legal claim vary depending on one’s specific situation. To find out if you’re eligible, consider consulting an attorney with expertise in AFFF cases.
A lawyer can guide you based on the given parameters:
● Exposure to AFFF
This includes firefighters, airport workers, military personnel, and others exposed to the foam during their work.
● Development of certain health conditions
These include kidney cancer, testicular cancer, and other health problems linked to PFAS exposure.
● Proof of exposure
This includes documentation like health records, employment histories, or other forms of proof indicating your exposure to AFFF.
● Time of exposure
As mentioned in a recent AFFF lawsuit update, the lawsuit focuses on individuals exposed after 1960, when PFAS was widely used.
Proof of Exposure Required for Firefighting Foam Cases
● Employment records
Gather employment records from workplaces where AFFF was used. These records serve as evidence of occupational exposure.
● Housing documents
Collect documents proving your residency near AFFF manufacturers. Furthermore, a map highlighting your proximity strengthens your case.
● Additional proof
Medical records showing exposure-related health conditions. Apart from this, witness statements about exposure events also help. Personal photographs or videos of exposure situations.
● Further consideration
Consult an AFFF lawyer for guidance on proving exposure. They can help gather and assess evidence relevant to your case.
What Does AFFF Lawsuit Allege?
Lon Holliday, Jr., filed a lawsuit in September 2020, against 3M and various other companies. He was a firefighter who worked for years in civilian and military capacities. Holliday claims that his bladder cancer was caused by exposure to AFFF firefighting foam during training and fire response.
He alleges that manufacturers like DuPont had testing data by the late 1980s regarding health problems associated with PFAS exposure. In spite of having this information, Holliday alleges that DuPont neglected to disclose it to the government and the public.
This case highlights the growing concerns about the potential health risks of PFAS in firefighting foam. It additionally underlines the necessity for transparency from manufacturers.
Establish Liability in AFFF Cases
Exhibiting liability must be your top priority when filing an AFFF lawsuit. Manufacturers like 3M, Tyco, DuPont, Chemguard, Chemours, and ChemDesign Inc. may be held liable for:
- Negligence
In AFFF lawsuits, proving negligence is vital. This means showing that the defendants (e.g., chemical manufacturers and firefighting agencies) failed to act with reasonable care.
- Breach of duty
In order to ascertain success in your firefighting foam settlement, prove the defendant messed up and did not act responsibly. Try proving how they failed to act as a responsible party towards you. For example, a manufacturer selling AFFF without proper safety testing.
- Causal connection
A clear connection between your AFFF exposure and the injury is important. Furthermore, establishing the defendant’s negligence is the main source behind AFFF exposure and the injuries that followed are the key.
- Damages
To prove liability, you need to show that AFFF exposure caused damages. This can be substantiated with expert opinions, medical and financial records, or pertinent evidence.
Final Words
As an affected individual, consult AFFF attorneys specializing in toxic tort cases. Documentation such as witness testimonies, expert and medical reports, and similar paperwork are required. All these together help in developing the connection of how AFFF exposure caused the injuries. Your attorney drafts a complaint detailing your case, outlining injuries, the defendant’s negligence, and sought compensation.
Filing the complaint officially initiates the lawsuit, with the court assigning a case number and establishing a timeline. Defendants are served the complaint through a process server or certified mail. They have a specific timeframe to respond.
Settlement negotiations may occur during litigation; if unsuccessful, the case proceeds to trial. At trial, both parties are allowed to present their arguments. However, ultimately, the judge or the jury makes the final decision.
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