PFAS Lawsuit: Latest Updates (2024)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Plaintiffs include individuals and government utilities.
- Service members and firefighters are the largest class in these lawsuits.
- It is not too late to file your own PFAS claim.
Individuals, states and counties across the U.S. filed thousands of product liability lawsuits against PFAS manufacturers. Plaintiffs allege that the defendants knew of PFAS dangers but continued using them in their products and supplying them to other companies. The defendants include BASF, 3M & Co. and DuPont.
These plaintiffs, including individuals, states, and counties across the U.S., brought PFAS class action lawsuits to collect damages for chemical exposure injuries. Multi-district litigation (MDL) also manages individual claims.
If you become ill after PFAS exposure, you can take legal action. Here is an overview of current PFAS lawsuits and updates.
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PFAS Lawsuit Updates
- Claim deadline passed for utilities finding PFAS in water before June 2023.
- New PFAS claims likely arising from Fairchild Air Force Base.
- AFFF and other consumer claims will likely move forward this fall.
Status of the Current PFAS Litigation
The largest group of lawsuits are part of MDL No. 2873 in the U.S. District Court of South Carolina. MDL No. 2873 includes municipal and individual claims.
In April 2024, the judge approved a class settlement between 3M and public water utilities for $10.3 billion. Utilities that provided positive PFAS tests before June 2023 (Phase I municipalities) had until July 24, 2024, to file their claims and receive settlement funds.
Phase II municipalities included those with positive PFAS tests after June 2023 and those requiring funds from the “special needs funds.” This “special needs” fund helps utilities that spent money removing PFAS from drinking water. The claim deadline for the special needs funds passed on August 26, 2024, and the remaining utilities with post-June 2023 results can file their claims.
New studies also reveal possible PFAS claims arising from Fairchild Air Force Base and a landfill in Airway Heights, Washington. The main contaminant in those claims is Aqueous Film-Forming Foam (AFFF). Potential sources of this chemical exposure include wildfires, landfills, aircraft crashes, and farm pesticide use. These cases will likely resemble Camp Lejeune.
What are PFAS?
PFAS refers to per- and poly-fluoroalkyl substances. These chemicals are resistant to heat, water, and oil, making them effective in many home and industrial products, including:
- Non-stick pans and cookware
- Food packaging
- Carpets, rugs and other home textiles
- Medical equipment
- Personal care products
- Umbrellas and water-repellent clothing
- Firefighting foams
The problem with PFAS is they don’t break down easily in the environment or human bodies. According to the Centers for Disease Control (CDC), nearly every American has measurable levels of PFAS in their blood.
When PFAS persist, they contaminate groundwater and can cause cancer in humans. The AFFF lawsuits, for example, list several types of common cancers arising from PFAS, including kidney, testicular, pancreatic, and prostate cancer. PFAS also cause waterborne illnesses, which often result in emergency visits and painful symptoms.
Some manufacturers used "GenX" chemicals like HFPO-DA (Hexafluoropropylene Oxide Dimer Acid) to replace PFOA in non-stick cookware. Unfortunately, these chemicals share some of the same harmful properties.
What is the PFAS Lawsuit?
Current PFAS lawsuits include:
- AFFF lawsuits
- Camp Lejeune water contamination lawsuit
- Municipal Claimants
- Consumer complaints
PFAS Class Action Lawsuits and MDL
The lawsuits take different forms. Some claims are within class action lawsuits. In these suits, an individual or group of individuals represents the interests of other individuals who experienced similar impacts. The larger group is called a “class.” Settlements and judgments are distributed to the class, not individual plaintiffs.
MDLs are similar to class action lawsuits in grouping similar claims under one case number. However, unlike a class action, plaintiffs still sue as individuals. The court just manages the cases under the same deadlines, discovery rules, and procedures to make it easy to manage multiple similar claims.
In an MDL, the court designates one or two cases as “bellwether” cases. It schedules these first for trial, and their outcomes and values predict the success of other cases. Claims continue going to trial if the defendants refuse to settle them.
Also, these lawsuits are not always in federal court. An Illinois lawsuit concerning PFAS discharge from a 3M facility in Cordova remains in state court. 3M attempted to secure federal jurisdiction as a federal contractor, but the 7th Circuit kept the case at the state level. So, many smaller lawsuits are likely not accounted for in class actions or an MDL.
Parties
PFAS lawsuits contain diverse plaintiffs, including:
- Firefighters
- Military personnel
- Municipal and county governments
- Consumers
Defendants are manufacturers who produce or use PFAS. The biggest companies include:
- BASF Corp.
- 3M Company
- Dupont
- Chemguard
- Chemours Company
- Johnson & Johnson
What Military Bases are in the PFAS Lawsuit?
There are 720 military sites with known or suspected discharges of PFAS. Individuals, states and local governments filed claims against these military sites, especially with their discharge of AFFF. As indicated above, the most recent base suspected of PFAS contamination is Fairchild Air Force Base in Airway Heights, Washington.
Service members and their families face impacts from drinking contaminated water. However, the PFAS also leaks into the community, polluting municipal groundwater and soil, leaving the Department of Defense (DOD) vulnerable to lawsuits.
Plaintiffs in these lawsuits include states, cities, private property owners and local businesses. States and cities seek damages to cover their costs for water remediation. Property owners and businesses claim damages to their land’s viability. For example, one business plaintiff is a dairy that claims PFAS killed its cattle. Another farm lost its blueberry crop to PFAS.
The DOD sought dismissal of these claims due to immunity under the federal Tort Claims Act, but that effort was unsuccessful. Plaintiffs continue filing lawsuits, and the Camp Lejeune claims will likely go to trial in a year. Also, the DOD is working with the Environmental Protection Agency (EPA) to test water and release the results.
Cause of Action
Plaintiffs filed lawsuits to recoup costs and receive compensation for illnesses or the death of a loved one. Municipalities incur costs to clean up water, but individual plaintiffs face many dire consequences.
Chronic exposure to certain PFAS compounds, directly or via contaminated water, causes many health risks, including:
- Thyroid and other hormone disruption
- Increased cholesterol levels
- Reduced immune response and vaccination efficacy
- Fetal and child development issues
- Increased risk of preeclampsia in pregnant women
- Changes in liver enzymes
- Kidney and testicular cancer
- Reproductive issues
The largest group alleging chemical exposure is firefighters, airline personnel, and service members whose PFAS exposure arose from Aqueous Film-Forming Foam (AFFF). These are the most numerous claims, currently numbering over 9,000.
However, PFAS risk doesn’t just involve water and firefighting foam. Consumers are also realizing the dangers of PFAS in everyday products and suing companies for putting them at risk.
Bandaid lawsuits started arising earlier this year. A study revealed that 65% of bandages tested positive for PFAS. Band-Aid, Walmart and CVS brands are among them. Corporate defendants so far include Johnson & Johnson and Kenvue Inc.
PFAS Statue of Limitations
The statute of limitations for filing a lawsuit for injuries related to PFAS exposure varies from state to state. It starts running from the date you discover your illness. Depending on your state’s law, you may have two to four years from your diagnosis to file a lawsuit.
For example, if your doctor informed you of a cancer diagnosis on February 2, 2024, and your state has a four-year statute of limitations, you have until February 2, 2028 to file.
Talking to a lawyer is a good idea, even if you think it is too late. Medical claims often benefit from flexibility in some state laws, and there may be facts and circumstances that help your case. Attorneys who take these cases usually offer free consultations, so you have nothing to lose by asking for a case review.
Who Can File a PFAS Cancer Lawsuit?
You can file a PFAS cancer lawsuit if you are a current or former service member or firefighter who developed cancer after being exposed to firefighting foam or other PFAS products. Community members who suffered from PFAS contamination from corporate or military pollution may also have claims.
You can request a PFAS blood test to check for possible exposure. It will show PFAS levels in your body and lead to additional testing to check for thyroid issues or cancer.
PFAS impacts are often physically and financially devastating. Rather than suffer alone, see if you qualify for a class action or individual lawsuit to receive compensation. Complete ConsumerShield’s online form to start a free case review.
