PFAS Lawsuit

PFAS Lawsuit Updates

There are several ongoing lawsuits concerning PFAS exposure. We will post updates below.

June 10, 2024

On June 7, 2024, the American Water Works Association and the Association of Metropolitan Water Agencies filed a petition to challenge the Biden-Harris administration’s rule pertaining to PFAS in drinking water. On June 10, 2024, the National Association of Manufacturers and the American Chemistry Council also challenged the standard.

May 21, 2024

German manufacturer BASF settled with several U.S. public water systems. The $316.5 million settlement ended a lawsuit that alleged the company contaminated groundwater with toxic firefighting foam, according to an AP article on Fast Company. The company will pay approximately $4 million in July and the remainder in March 2025.

April 15, 2024

The Orange County Water District and over a dozen other water utilities in California filed a lawsuit against seven PFAS manufacturers, alleging negligence and creating a nuisance due to water contamination, Reuters reported.

April 12, 2024

The City of Spokane joined a larger lawsuit against PFAS manufacturers. South Carolina Attorney General Alan Wilson filed a lawsuit against several manufacturers in October 2023.

April 1, 2024

The court approved 3M’s settlement, which received preliminary approval in August 2023. The settlement will range from $10.5 billion to $12.5 billion depending on what contamination the testing finds, per AP News. Payments will begin in the third quarter of 2024.

February 8, 2024

U.S. District Judge Richard Gergel finalized the $1.18 billion settlement between a few major PFAS manufacturers and public water utilities, per The Hill.

February 2024

Defense lawyer Brian Gross warned plastic executives at an industry conference that PFAS lawsuit costs could be “astronomical” and surpass the costs of asbestos claims.

January 25, 2024

The State of Connecticut filed two lawsuits against approximately two dozen manufacturers, one for AFFF (aqueous film-forming foam) and the other for several different consumer products.

October 5, 2023

U.S. District Judge James Dever consolidated more than 100,000 PFAS water pollution claims from North Carolina property owners and residents. These claims allege that the defendants, E.I. du Pont de Nemours and Co and The Chemours Co, dumped PFAS-contaminated wastewater into the Cape Fear River for decades.

August 29, 2023

3M secured preliminary approval for its multi-billion dollar settlement, resolving claims by several public water suppliers.

August 21, 2023

The City of Eau Claire, WI, sued several PFAS manufacturers for contaminating the city’s water supply.

August 15, 2023

Stella, WI, residents sued 3M and Ahlstrom Munksjo, owners of Rhinelander paper mill, for contaminating well water with PFAS. Testing found extremely high levels of forever chemicals in many of the town’s private wells, per WXPR.

May 25, 2022

Attorney General Maura Healey sued 13 PFAS manufacturers for knowingly contaminating Massachusetts drinking water and groundwater with AFFF. The lawsuit alleged that these manufacturers repeatedly violated state and federal laws that protect drinking water and prohibit consumer deception.

Current PFAS Lawsuits

There are several ongoing lawsuits associated with PFAS exposure:

• North Carolina MDL: A U.S. District judge for the Eastern District of North Carolina consolidated more than 100,000 PFAS lawsuits against E.I. du Pont de Nemours and Co. and The Chemours Company.
• South Carolina MDL: This multidistrict litigation (MDL) includes many personal injury lawsuits and lawsuits by water utilities seeking cleanup and mitigation costs for contamination from firefighting foams used at firehouses and airports. Defendants include 3M, Chemours, Corteva, and DuPont de Nemours.
• Legal actions from municipalities: Several states and cities have taken legal action against manufacturers and insurance companies for water contamination. A few examples include:
  • Michigan took legal action against Wolverine Worldwide, Inc. and recovered a $69.5 million settlement.
  • Ohio settled with DuPont de Nemours Inc., The Chemours Company, and Corteva Inc. for $110 million in 2023.
  • The City of Wausau, WI, sued 15 manufacturers and 61 insurance companies for PFAS water contamination.
  • Eau Claire, WI, sued forever chemicals manufacturers for water contamination.
  • Several other states and municipalities have also taken legal action against manufacturers for contaminating their drinking water.

PFAS Lawsuit FAQs

PFAS and the surrounding legal actions can be complicated. We have answers to your questions.

What Damages Can I Recover in a PFAS Lawsuit?

The damages you can recover in a PFAS lawsuit depend on the specifics of your situation. However, our law firm partners can fight to recover the following for you:

Medical Expenses

You may be entitled to compensation for all medical bills related to your PFAS exposure, including any emergency transportation or care you require, chemotherapy, radiation, prescription medications, assistive devices, surgery, and any ongoing treatment you need.

Lost Wages

If you needed to take time off work for your recovery (e.g., treatment appointments, surgical procedures, days where you were too sick to work), those losses are compensable.

Lost Earning Capacity

Some illnesses require you to work fewer hours, take a lower-paying job, or retire from the workforce. If so, you can recover compensation for lost wages, benefits, and promotion opportunities.

Miscellaneous Illness-Related Expenses

Most expenses related to your illness are compensable. For example, if you needed to travel for medical care, you can demand compensation for your travel expenses.

Pain and Suffering

PFAS exposure-related illnesses can cause considerable pain and suffering. You can recover compensation for pain and suffering, inconvenience, lost quality of life, loss of consortium, and the development of anxiety and depression.

Punitive Damages

While punitive damages are rare, they may be awarded in your case if your lawyer can prove that the defendant (typically a manufacturer) knowingly exposed you to PFAS. Many of the ongoing lawsuits allege that manufacturers have known about the dangers of PFAS for decades.

Legal Costs

You may also be able to recover your legal costs, such as the cost of hiring an attorney, trial costs, and filing and administrative fees.

What Is a PFAS Lawsuit Worth?

It’s impossible to know what a PFAS lawsuit can be worth as each person’s injuries are different, so their damages will be as well. Settlement offers have been made and finalized; however, it’s important to note that, as of June 2024, the settlements have been given to municipalities and public water authorities, not individual plaintiffs injured by contaminated water.

We will get a better idea of what a settlement could look like once personal injury cases have been settled or gone through trial. However, there are a few factors that could affect your settlement or award:

• The severity of your illness
• Whether you are able to work
• Your age
• Your profession

Our law firm partners will look into your case to determine what damages you can recover and what factors could impact your case.

What Are the Criteria for a PFAS Lawsuit?

To qualify for a PFAS lawsuit, you must meet the following criteria:

• You drank PFAS-contaminated water for no fewer than six consecutive months starting after January 1, 1990, AND
• You received a diagnosis of ulcerative colitis, kidney cancer, liver cancer, or testicular cancer after January 1, 2000.

A PFAS lawsuit lawyer can help you determine whether you qualify.

How Long Do I Have to File a PFAS Lawsuit?

How long you have to file a PFAS lawsuit depends on where you live. Every state has what is known as a statute of limitations. The statute of limitations establishes how long you have to file a lawsuit.

Our co-counsel can help you determine how long you have to take legal action. However, we recommend that you act as quickly as possible. Some statutes of limitations are as short as one year.

If you don’t file before the time limit expires, getting the compensation you need can be difficult or even impossible. You can negotiate for a fair settlement, but you won’t have any leverage against the insurer.

Is the PFAS Lawsuit a Mass Tort?

Yes. Many people assume the PFAS lawsuits are class actions, but this is untrue. A mass tort is often more beneficial to a plaintiff than a class action, especially those that involve so many different illnesses.

Why is a mass tort more beneficial?

• Class actions treat all plaintiffs the same. All the plaintiffs in a class action divide the settlement or award evenly, regardless of whether one person’s injuries are more severe than others. Mass torts (called multidistrict litigation or MDLs) treat each plaintiff individually.
• Mass tort cases often have higher payouts than a class action.

PFAS FAQs

Many people are confused and scared when they learn they have been exposed to PFAS. Our team can answer any questions you may have, starting with the following.

What Are PFAS?

PFAS (per- and polyfluoroalkyl substances) are a group of nearly 15,000 synthetic chemicals valued for their resistance to grease, oil, stains, heat, and water.

These chemicals have been used since the 1940s in:

• Nonstick cookware
• Food packaging
• Carpets
• Upholstery
• Clothing
• Firefighting foam

PFAS are also found in drinking water across the country. They are also known as forever chemicals.

How Does PFAS Contaminate the Environment?

Because PFAS are so resistant to water and heat, they take a long time (typically several decades) to break down in the environment. Some don’t break down at all. This makes it easy for them to travel through and remain in soil, groundwater, and drinking water.

This can occur if they are released into the environment via manufacturing or dumped into waterways by negligent companies.

A study by the United States Geological Survey estimates that approximately 45% of tap water across the United States is contaminated by at least one PFAS. However, a study by an environmental watchdog group found that all major drinking water in the United States is likely contaminated with PFAS.

PFAS can also be ingested by using products manufactured with PFAS.

Are There Certain Areas in the United States With Higher Levels of PFAS Exposure?

Yes. The United States Geological Survey (USGS) study found certain areas of the US that contained higher levels of PFAS. This included urban locations and those near PFAS sources, such as manufacturing plants. They include:

• The Eastern Seaboard
• Central California
• Southern California
• The Great Plains
• The Great Lakes

Potential sources of PFAS exposure include:

• Wastewater treatment plants
• Paper mills and other industrial sites
• Airports
• Firefighter training sites
• Landfills
• Military bases

PFAS were found in both public water supplies and private wells. If you lived or worked in any of these areas and developed ulcerative colitis, kidney cancer, testicular cancer, or liver cancer, call us today. Our team can help you determine if you qualify for a PFAS lawsuit and connect you with a PFAS lawsuit attorney in your area.

Are Any PFAS Banned in the United States?

As of June 2024, PFAS are not banned in the United States. In fact, forever chemicals are used in most things we use daily. This includes:

• Cosmetics
• Nonstick cookware
• Carpets and rugs
• Upholstery
• Water-repellent clothing like raincoats

As stated above, it’s also found in much of our drinking water.

PFAS were also used in microwave popcorn and food packaging. However, on February 28, 2024, the Food and Drug Administration (FDA) stated that manufacturers would no longer use grease-proofing PFAS in food packaging (e.g., pizza boxes) and popcorn bags. It’s important to note that this phase-out will take years.

The Environmental Protection Agency also found high levels of PFAS in freshwater fish. Fish caught in the Great Lakes region had PFAS levels substantially higher than the average.

What Are the Illnesses Associated with PFAS Exposure?

There are several different illnesses associated with PFAS exposure, including:

• Ulcerative colitis
• Kidney cancer
• Liver cancer
• Testicular cancer

How Do Forever Chemicals Cause Cancer?

Scientists don’t yet know exactly how chemicals cause cancer. However, several studies have linked different types of cancer to PFAS:

• A Journal of Exposure Science & Environmental Epidemiology study performed by researchers from several universities found that there is a “clear association” between PFAS exposure and a previous diagnosis of cancer in women.
• The Occupational and Environmental Epidemiology Branch of the National Cancer Institute’s Division of Cancer Epidemiology & Genetics has been researching the link between PFAS exposure and the development of several different types of cancer, including kidney, testicular, thyroid, breast, ovarian and endometrial, and prostate cancer. It currently knows more about testicular cancer and kidney cancer, finding the following:
  • A higher occurrence of both kidney cancer and mortality has been found among those exposed to high levels of perfluorooctanoic acid (PFOA) through employment at PFAS-producing plants or residing in a place with contaminated drinking water.
  • Researchers found that firefighters or those who lived on a base with contaminated water had elevated levels of certain PFAS in their blood. Specifically, the researchers found that elevated levels of perfluorooctanesulfonic acid (PFOS) were associated with an elevated risk of testicular cancer.

In 2023, the International Agency for Research on Cancer (IARC) Working Group classified PFOA as “carcinogenic to humans” after it found “sufficient evidence for cancer in experimental animals and strong mechanistic evidence (for epigenetic alterations and immunosuppression) in exposed humans” and “limited evidence for cancer in humans (renal cell carcinoma and testicular cancer) and strong mechanistic evidence in human primary cells and experimental systems (for epigenetic alterations and immunosuppression, as well as several other key characteristics of carcinogens).”

It also classified PFOS as “possibly carcinogenic to humans” after it found “strong mechanistic evidence across test systems, including in exposed humans (for epigenetic alterations and immunosuppression, as well as several other key characteristics of carcinogens)” and “limited evidence for cancer in experimental animals and inadequate evidence regarding cancer in humans.”

How Long Have the Effects of PFAS Been Known?

We are still learning about how forever chemicals can affect our bodies and our health. However, many lawsuits, such as the one filed by Connecticut Attorney General William Tong, claim that the manufacturers have known about the dangers of PFAS exposure for decades and lied to the public about it.

A May 2024 Article Claims That 3M Knew About PFAS in the Blood of the General Public in 1997

A ProPublica article from May 2024 discussed how 3M has known about PFAS and their dangers since the 1970s—and has known that PFAS were found in blood samples from the general public as early as 1997.

In 1997, a supervisor at 3M asked chemist Hansen Kris to test human blood for fluorochemicals. Her supervisor explained that these chemicals were often found in workers’ blood but were harmless. However, an outside lab tested the workers’ blood against that of the general public and found contaminants in both populations.

Her supervisor asked her to determine whether that lab had made a mistake. When Hansen tested blood from the general public, she and her team found a contaminant that could be PFOS. The team tested more blood from the general public, and all samples appeared contaminated with PFOS. She updated her supervisor, who took “early retirement” soon after.

3M never admitted to Hansen that PFOS was toxic. Instead, her supervisors implied that her findings were wrong or that she or her team had possibly tainted the blood.

3M Knew About Dangers of PFOS in the 1970s

Hansen found out later that 3M had been aware of the dangers of PFOS since sometime in the 1970s when it had conducted studies on rats. With low doses, most of the rats showed signs of liver damage, and half of them died. With higher doses, all the rats died. A 1979 internal report stated that PFOS was “certainly more toxic than anticipated” and suggested more testing.

That same year, executives consulted a respected toxicologist, Harold Hodge, giving him only half of what they knew. The toxicologist suggested more testing, especially into whether PFAS caused cancer or reproductive issues. He also told the executives they needed to find out if PFAS were present in humans, saying, “If the levels are high and widespread and the half-life is long, we could have a serious problem.”

3M left Hodge’s warning out of official meeting notes and continued to create products using PFAS.