AFFF Lawsuit: Navy Vessel And Base Contamination (2024)

Aqueous film-forming foam creates a layer of water adhered to foam bubbles. When sprayed on burning fuels like gasoline, oil, and diesel, the water layer floats on top of the liquid instead of sinking.

AFFF is one of the most effective firefighting tools available for battling fires involving liquid fuels. The layer of water blocks oxygen from reaching the fuel, smothering the flames. The aqueous layer also prevents the fuel from vaporizing into a flammable or explosive mist.

However, this miracle product contains carcinogens. Perfluoroalkyl and poly-fluoroalkyl substances (PFAS) are known informally as “forever chemicals” because they do not break down in the environment or the human body.

Worse yet, they can disrupt the endocrine system, potentially producing hormone-related cancers. They may also alter cells at the genetic level, sometimes causing tumor formation.

The U.S. Navy was one of the biggest users of AFFF. Service members on naval vessels and bases could have been exposed to AFFF. Of even greater concern, AFFF may have contaminated soil and groundwater, possibly exposing military families or even civilians living near bases.

ConsumerShield was formed to educate people about their legal rights and help them find legal representation. Contact us for a free case evaluation and information about the benefits a lawyer referral for the AFFF lawsuit Navy exposure might provide.

How Did Navy AFFF Exposure Occur?

AFFF exposure happened in two primary ways. First, some Navy personnel were exposed directly through their duties. Officers, sailors, and contractors were exposed to AFFF during fires, firefighting drills, and testing of firefighting equipment. Vessels and bases also suffered accidental AFFF spills.

Second, service members, contractors, military families, and people living near naval bases were exposed to contaminated soil or groundwater. When the Navy used AFFF, it would leach into the soil. It could also get washed into storm drains or flow into surface water sources like streams, lakes, or oceans.

Since PFAS do not break down, they resist natural filtering or water treatment processes. They can enter the water supply and get ingested by victims.

Types of AFFF Cancer Navy Exposure May Have Caused

PFAS is an endocrine disruptor. As a result, the chemical signals carried by the body’s hormones get altered. Additionally, PFAS can cause genetic changes in cells. This means the chemicals alter or mutate cellular DNA. These biological processes can cause several AFFF health risks.

As a result, the Environmental Protection Administration (EPA) has identified the following AFFF exposure symptoms:

• Reproductive changes, including decreased fertility in women
• Preeclampsia and eclampsia in pregnant women
• Developmental delays in children
• Prostate cancer
• Kidney cancer
• Thyroid cancer
• Testicular cancer
• Ulcerative colitis
• Liver cancer
• Thyroid disease, namely hypothyroidism
• Suppressed immune system
• High cholesterol and obesity

The scientific evidence tying AFFF to these diseases varies. Currently, AFFF lawsuits focus on AFFF foam cancer as well as thyroid disease and ulcerative colitis. Victims can still file lawsuits for other diseases, but they may need an expert witness to provide a scientific explanation connecting the disease to AFFF exposure.

The Subject of the AFFF Lawsuit: Navy Exposure Examined

The Navy is not just a user of AFFF; it helped invent and patent these chemicals. It licensed manufacturers to produce the product for the U.S. government and other users.

These manufacturers included chemical companies like 3M, Tyco, DuPont, and BASF. Although the Navy originated its use, AFFF was eventually used by many firefighting agencies around the country.

Despite its instrumental role in creating and using these chemicals, the U.S. Navy has denied all liability for AFFF exposure. While it admits that AFFF contamination can cause health problems, it has asserted governmental immunity for any related costs and losses.

Instead, it has focused its resources on cleaning up over 700 sites contaminated with AFFF and committed to testing drinking water at all its facilities for PFAS. The VA may also pay VA claims for exposure to AFFF to veterans who can prove causation.

A court has not yet ruled on whether the U.S. is immune to AFFF lawsuits. However, this argument will probably succeed. As a result, victims will need to focus on building cases against the manufacturers of these toxic chemicals.

Status of AFFF Foam Settlement Navy Personnel Can Seek

Victims injured by AFFF filed individual lawsuits around the country. In 2019, these cases were moved to South Carolina and consolidated in a multidistrict litigation (MDL). The lawsuits in the AFFF MDL retain their individual character. However, the victims and their lawyers can share the burdens of seeking evidence and filing motions.

The AFFF MDL has reached a fairly advanced stage. The parties are ready for trials to start in late 2024 or early 2025. After a few trials, the manufacturers and victims will know their odds of success and the value of victims’ claims. This knowledge will streamline settlement negotiations.

If the parties reach a master settlement agreement, victims will probably need to fill out a claim form to receive a payout. The amount will depend on several factors, including the following:

• Age
• Disease
• Prognosis
• Medical costs
• Income losses

The highest AFFF lawsuit settlement amounts will likely go to those with terminal illnesses and the families of deceased victims.

Contact ConsumerShield to Learn More

AFFF may have caused terminal or life-threatening diseases in Navy personnel, military family members, and even people living near naval bases. However, an AFFF lawsuit military veterans and others can pursue could provide valuable financial resources.

ConsumerShield helps people understand their legal options and find a lawyer to represent them. Contact us for a free case evaluation and lawyer referral.