The development of AFFF can be traced back to the 1960s when researchers recognized the need for an effective firefighting foam capable of extinguishing flammable liquid fires.
In 1962, the U.S. Navy’s Naval Research Laboratory (NRL) initiated efforts to create a foam that could rapidly suppress fires involving jet fuels and other hydrocarbon-based substances.
Development and Early Use
In the early 1970s, the NRL, in collaboration with the 3M, introduced the first AFFF formulation, AFFF-1. This foam was based on fluorosurfactants, hydrocarbon surfactants, and water.
AFFF-1 displayed impressive fire suppression capabilities, forming a thin aqueous film that effectively smothered the fire, preventing reignition.
By the late 1970s, AFFF-3, an improved version of AFFF-1, was introduced. It incorporated additional fluorosurfactants to enhance its performance and extinguishing capabilities.
AFFF-3 quickly gained popularity in various industries, including aviation, petrochemicals, and military operations.
Health Hazards Linked to AFFF
The risks associated with AFFF include:
Per- and Polyfluoroalkyl Substances (PFAS)
PFAS, a class of man-made chemicals that are persistent in the environment and can build up in the human body, is present in AFFF. It has been linked to several health problems, including immune system suppression, thyroid illness, testicular cancer, kidney cancer, liver damage, and impacts on baby and child development.
Groundwater Contamination
PFAS chemicals can leach into soil and eventually reach groundwater, leading to long-term contamination, which poses a risk to drinking water supplies and can result in exposure to PFAS through ingestion or inhalation.
Occupational Exposure
Firefighters and emergency response personnel who use AFFF are at a higher risk of exposure to its chemical constituents. Through repeated use, handling, and inhalation of AFFF, these individuals may experience increased levels of PFAS in their blood and subsequent health effects associated with PFAS exposure.
Environmental Impact
AFFF has been found to have adverse effects on the environment, particularly aquatic ecosystems. PFAS chemicals can bioaccumulate in fish and other marine organisms, potentially entering the food chain and affecting wildlife and human populations that rely on these resources.
Regulatory Concerns
Due to the health and environmental risks associated with PFAS-containing substances like AFFF, there has been increased scrutiny and regulation surrounding their use. Many countries and jurisdictions have implemented restrictions or bans on certain PFAS chemicals to mitigate the potential hazards.
AFFF Lawsuit: A Closer Look
According to Forbes, lawsuits against the producers of AFFF have only lately begun, even though it has been produced and utilized since the 1960s.
Initially, it should be noted that the EPA refrained from making a public statement regarding the potential connection between these chemicals and cancer for several years—until 2009.
This indicates that the threat went unnoticed by the general public. The majority of cancer patients were unaware that their exposure to AFFF may have contributed to their illness.
Second, it has come to light recently that producers like DuPont and 3M have known since the 1960s that their goods may be harmful.
Lawsuit Settlement
The current AFFF lawsuit settlement amounts in the MDL are expected to go towards a global settlement based on the trajectory of previous MDL litigations.
The TorHoerman Law states that the top plaintiffs in the AFFF settlement are expected to get between $200,000 and $500,000, according to the AFFF exposure attorneys’ estimation.
Second-tier litigants might anticipate a payout between $150,000 and $300,000. Settlements of $75,000 or less for firefighters’ foam lawsuits are typical for the third and lower tiers.
Frequently Asked Questions (FAQs)
What damages can be claimed in an AFFF lawsuit?
Damages that can be claimed in an AFFF lawsuit may include medical expenses, property damage, loss of income, decreased property value, and potentially punitive damages, depending on the specific circumstances and laws in the jurisdiction.
Who can be sued in an AFFF lawsuit?
AFFF lawsuits can be filed against foam manufacturers, firefighting equipment companies, chemical manufacturers, airports, military bases, and other entities responsible for the production, distribution, or use of AFFF.
Are there any class-action lawsuits related to AFFF?
Yes, class-action lawsuits have been filed for individuals and communities affected by AFFF contamination. Class-action lawsuits consolidate multiple claims into a single case for efficiency and consistency.
568 new cases have been added to the ongoing AFFF multidistrict litigation in the last 30 days, increasing the total number of pending personal injury cases involving AFFF exposure to 7,738.
The court wants both sides of the lawsuit to submit a process for determining which cases should be considered for bellwether trials. It concentrates on the scientific data that connects AFFF to particular types of cancer.
