PFAS Class Action Lawsuit – April 2025 Update
A recent study found that troops were exposed to “forever chemicals” in drinking water at off-base locations near military bases across the United States. It is believed that the contamination was caused by the use of firefighting foam containing PFAS chemicals. PFAS or per- and poly-fluoroalkyl substances are man-made chemicals that have been linked to serious health problems, including several kinds of cancer and ulcerative colitis.
If you were exposed to PFAS and suffered adverse health effects, you might be entitled to compensation by filing a PFAS lawsuit based on negligence, failure to warn, and product liability on the part of the manufacturers. Contact King Law today to determine whether you may be eligible for compensation under a PFAS cancer lawsuit or PFAS class action lawsuit.
PFAS Lawsuit – 2025 Update
April 18, 2025: EPA Data Says Half of Americans Drink Water Contaminated with PFAS
According to 2025 data from the U.S. EPA, more than 158 million Americans drink tap water contaminated with PFAS or forever chemicals. This data comes from the EPA’s UCMR 5 (Fifth Unregulated Contaminant Monitoring Rule). This rule requires public water utilities to test drinking water for 29 different PFAS. Currently, 23 states do not have safety levels set for drinking water, leaving 53 million people drinking water above the EPA’s PFAS limits. People who live in areas with contaminated drinking water may be able to file a lawsuit if they develop certain cancers or ulcerative colitis.
April 9, 2025: Process Identified For Identifying Which Companies Polluted Water With PFAS
The judge in the group lawsuit against PFAS manufacturers has taken steps to identify which company’s products polluted water at specific locations. Richard M. Gergel, the U.S. District Judge overseeing the litigation against AFFF manufacturers, has selected 12 test sites for sampling and analysis. These sites, which are in seven different states, are located at places such as airports, fire stations, and associated training facilities. The goal of sampling at these sites is to understand which products were used at which sites, and therefore determine how much liability each company might face. The judge chose these sites for their likelihood of having purchase records. This investigation is an important step in this litigation. It will help the courts understand which manufacturers are liable for PFAS contamination and the associated injuries.
April 2, 2025: Science Days for PFAS Lawsuits Approaching
Many people who were exposed to PFAS and developed cancer and other serious conditions have joined a group lawsuit related to their injuries. The multidistrict litigation against fire-fighting foam manufacturers is underway. As part of the test trials in the PFAS lawsuits, two Science Days will occur on June 6, and June 20, 2025. The connection between kidney cancer, testicular cancer, ulcerative colitis, and thyroid disease will be heard June 6. The association between thyroid cancer and liver cancer will be heard June 20. Science Day is an important event in these litigations. Attorneys on both sides look to establish facts, based on science, that will be used throughout the case. Plaintiffs’ attorneys will be working diligently to prove how PFAS exposure can lead to many serious health conditions.
March 19, 2025: More People Diagnosed With Ulcerative Colitis After PFAS Exposure Are Added to Pre-trial Proceedings
Three more people alleging ulcerative colitis due to PFAS exposure have been added to the discovery pool in the group PFAS litigation (Aqueous Film-Forming Foams Products Liability Litigation). This means that extensive fact-finding will occur for these lawsuits, which could benefit other plaintiffs suffering from ulcerative colitis. The condition has been included on the Plaintiff Profile Form, which plaintiffs have to file as part of their lawsuits. Inclusion in the fact-discovery pool will give plaintiffs’ attorneys a chance to prove that exposure to PFAS in drinking water can lead people to develop ulcerative colitis and other serious conditions.
March 3, 2025: Many Lawsuits Against Manufacturers of PFAS Products May Be Headed Toward Settlements
Thousands of people have joined the group lawsuit for people who developed cancer and other serious diseases after being exposed to PFAS in AFFF fire-fighting foams. As of March 3, 2025, there are 8,430 active lawsuits in the group litigation against PFAS-containing products. Many legal professionals think 3M, the main defendant in these lawsuits, may try to negotiate settlements this year. There have been many developments in the case that have strengthened accusations made by the plaintiffs (people harmed by PFAS). There is still time to file lawsuits as part of this litigation, but people who developed cancer and other illnesses are encouraged to take prompt action.
February 5, 2025: Investigation Reveals 3M Was Aware of Fire-Fighting Foams Dangers for Decades
It is now known that the PFAS chemicals present in fire-fighting foams are a danger to human health and the environment. According to a new analysis by the Watershed Investigations and the Guardian, 3M knew its fire-fighting foam products persisted in the environment, yet the company continued to market them as safe and biodegradable. Until the 1990s, 3M said its products were biodegradable, despite having decades of opposing evidence. The PFAS in these products are now known as “forever chemicals,” which are linked to various cancers and health hazards. Many people harmed by these products have filed lawsuits against 3M.
February 4, 2025: U.S. Government Will Make Case to Be Removed as Defendant in AFFF Lawsuits
This Friday, February 7, the U.S. Government will present its arguments to be removed from the AFFF multidistrict lawsuit (MDL), which is the federal consolidated lawsuit for people harmed by PFAS. The government asked to be removed as a defendant in this litigation almost a year ago. Now, it gets to make its argument to the judges overseeing the case. Many in the legal community think the government will remain as a defendant. However, there is a chance some of the claims will be dropped. Attorneys on both sides will continue preparing their expert reports ahead of the first trial, which is slated for October 2025.
January 3, 2025: People Who Filed PFAS Lawsuits Due To Ulcerative Colitis May Benefit From Specialized Discovery Process
Attorneys for both sides in the AFFF multidistrict lawsuit (MDL) have asked the judge to pool lawsuits from people suffering from ulcerative colitis. People who were harmed by PFAS and other chemicals in AFFF have filed lawsuits as part of this federal litigation. Cases involving the injury of ulcerative colitis will likely get their own pool in tier 2 discovery for bellwether trials. These trials and the associated discovery process will be important in supporting people who have joined the PFAS/AFFF MDL after being injured by these forever chemicals.
December 20, 2024: PFAS Judge Approves Plaintiffs’ Request for Information From PFAS Defendant Arkema
On December 10, 2024, the judge overseeing the federal PFAS lawsuit approved the plaintiffs’ request for information from Arkema, a company that manufactured and sold PFAS products for decades. In November, Arkema refused to comply with the plaintiffs’ request for information about what it knew about PFAS and when. The judge’s new order gives the plaintiffs access to more evidence they can use to build their cases for people harmed by these forever chemicals.
December 10, 2024: PFAS Plaintiffs and Defendants Ask Judge to Approve Fact-Gathering Process for New Cases
On December 3, 2024, the parties in the massive multidistrict lawsuit against 3M and other companies asked the Judge to approve a new fact-gathering document. The latest Fact Sheets would streamline the process of getting information from new plaintiffs wishing to join this active lawsuit. The documents tell the court about the plaintiffs’ losses, the plaintiffs’ source of exposure, and other matters.
December 4, 2024: Six Years After PFAS MDL Began, More Cases Added to Growing Lawsuit Against 3M and Others
On December 2, 2024, five more cases were added to the growing multidistrict lawsuit against 3M and other companies for poisoning the drinking water of thousands of plaintiffs across the United States. Since the litigation began on December 7, 2018, about six years ago, 11,163 lawsuits have been brought against the manufacturers of PFAS-containing aqueous film-forming foams.
December 2, 2024: Maryland Files Motion to Amend Its Complaint in PFAS Multidistrict Litigation
In November of 2024, the state of Maryland filed a motion to ask the PFAS judge’s permission to make changes to the complaint the jurisdiction filed on May 30, 2023. The State of Maryland says that these changes—like adding Carrier Fire Americas, KFI, Kidde plc, and UTC—would reflect new facts discovered after the original complaint was filed. The judge should issue a ruling on this request in the coming weeks.
November 27, 2024: Plaintiffs File Request To Make Arkema, Inc. Provide Information About Its PFAS Operations and Knowledge
On November 25, 2024, the plaintiffs in the PFAS multidistrict lawsuit (MDL) filed a Motion to Compel, asking the Judge to require an Arkema (a defendant) representative to attend a deposition. In depositions, people answer questions about subjects relating to a lawsuit, and their answers may become evidence. Here, the plaintiffs would like someone from Arkema to discuss Arkema’s knowledge about, sale of, and manufacturing of PFAS products.
November 21, 2024: Former Scientist at 3M Blows the Whistle, Saying Company Knew About the Dangers of PFAS for Decades
Kris Hansen is a scientist who worked at 3M is Wisconsin from the 1990s until 2022. Since leaving 3M, she has become a whistleblower, alleging that the company knew about the potential for PFAS to enter the human body and cause health issues. In an interview with CBS news, Hansen said she was responsible for testing blood samples from plant workers, lab animals, and the general population. Throughout her tests, she kept finding markers for PFAS, demonstrating that the forever chemical was finding its way out of products like Scotch-Guard and AFFF and into animals and humans. In 1999, she shared her findings with 3M’s CEO. She was told to conceal her findings and was reassigned. Her report is additional evidence that 3M knew about its chemical’s ability to leach out of products and into human bodies, yet they chose to hide this information.
November 15, 2024: Two More Cases Added to PFAS MDL Against AGC Chemicals
On November 8, 2024, the Judge allowed two more cases to join the PFAS multidistrict litigation: Town of Dundee, Florida v. AGC Chemicals Americas, Inc. et al and Henson v. AGC Chemical Americas, Inc. et al. As of November 1, 2024, a total of 10,934 cases have been filed by people injured by forever chemicals in their drinking water. More cases continue to be added regularly.
November 1, 2024: More Cases from State Courts Join in PFAS Multidistrict Litigation
The massive PFAS litigation against 3M, AGC Chemicals, and others continues as more lawsuits join the federal MDL (2873). As of October 29, 2024, seven more large cases have been added to the federal litigation against those who poisoned the drinking water of unsuspecting consumers across the United States. The Honorable Richard M. Gergel will oversee these new cases.
October 23, 2024: $730M Settlement Reached With Defendant Kidde-Fenwal and Plaintiffs in the Federal PFAS Lawsuit
Carrier Global will pay its subsidiary, Kidde-Fenwal, and plaintiffs a combined $730 million as part of a settlement reached in Delaware Federal Court. Kidde-Fenwal manufactured fire-fighting foams that contained PFAS, which contaminated drinking water near airports and air force bases. The company is named in more than 4,400 PFAS lawsuits. In a court filing, the company said it will use its share of the settlement to file a Chapter 11 plan. This plan will allow Kidde-Fenwal to pay its creditors, including individuals who have filed lawsuits after their drinking water was contaminated by the company. Per the terms of the settlement, Carrier will pay $540 million to Kidde-Fenwal and $190 million to PFAS plaintiffs. They are the fifth defendant to settle in the AFFF products liability litigation.
October 23, 2024: Updated Plaintiff Profiles Forms Issued In PFAS Lawsuit As Settlements Approach
The judge in the PFAS contamination lawsuit, (Aqueous Film-Forming Foams Products Liability Litigation – MDL 2873), has issued an order with an updated Plaintiff Profile Form (PPF) and instructions for completing and submitting the form. The Hon. Richard M. Gergel issued a Case Management Order with the updated PPF for the AFFF litigation. These PPFs contain important information about plaintiffs and their individual cases. PPFs help standardize and streamline information intake and processing during the lawsuit. Some lawyers think that the judge issuing this form may indicate movement toward a settlement.
October 10, 2024: More Cases Added to the PFAS Lawsuit in the Federal District of South Carolina
According to an October 8, 2024, court order, 12 more cases joined the thousands of others that are part of the PFAS MDL against DuPont, 3M, Corteva, Oppermann Webbing, Tyco Fire, and others in the District of South Carolina. On October 9, 2024, the State of Tennessee sought permission to modify its complaint against the negligent corporations. The court added two class action lawsuits from Missouri to the MDL pending in the District of South Carolina based on an October 4, 2024, transfer order.
For decades, companies allowed per- and poly-fluoroalkyl substances to poison military personnel, civilians, and workers — including firefighters who used aqueous film-forming foams. Multiple studies have shown that PFAS entered the groundwater in cities across the United States and continues to cause harm. In MDLs across the nation, people who suffered diseases and got cancer because of PFAS exposure are fighting back and demanding meaningful change and compensation. As people continue to file individual cases at the state court level, more are added to the ongoing class action lawsuits.
October 2, 2024: Expert Report Deadlines Pending in the PFAS Lawsuit
Preliminary expert reports are due in the lawsuit this month. The plaintiff lawyers will lay out for the judge what they want their experts to testify to regarding how PFAS chemicals cause cancer. After the plaintiff lawyers submit expert reports, the defense will have approximately 60 days to submit their expert reports. The defense will likely argue that there is insufficient proof of a relationship between the chemicals and cancer.
The plaintiffs’ expert report is due on October 8th. After the judge rules on the admissibility of the experts’ testimony, a favorable ruling by the judge would increase the pressure on the defense and could lead to a settlement before the bellwether trials.
September 26, 2024 – VA to Study Link Between PFAS Chemicals and Kidney Cancer for Potential Presumptive Benefits
On September 25, 2024, the Department of Veterans Affairs announced that it will study the link between PFAS chemicals and kidney cancer. Importantly, officials will seek to determine if kidney cancer should be considered a presumptive condition to receive VA benefits for those exposed to PFAS chemicals. A presumptive condition means that the veteran does not need to prove the link between their illness and the exposure; they only need to prove they were present at certain locations during specific times in their military service.
VA Secretary Denis McDonough said in a statement, “As a result of this scientific review, we may be able to make kidney cancer a presumptive condition for Veterans exposed to PFAS, thus lowering the burden of proof on these Veterans.” These studies are part of the PACT Act, signed into law on August 10, 2022, which expands VA benefits and health care for veterans exposed to toxic chemicals.
August 18, 2024 – PFAS Lawsuit Phase 1 Deadline Passes, Phase 2 Expected to Gain Traction
The deadline has passed for Phase 1 municipalities to submit claims as part of the federal PFAS class action lawsuit against defendants 3M and Dupont. The settlement was preliminarily approved in June 2023, with final approval granted by Judge Gergel in early 2024. Most municipalities with over 10,000 residents are estimated to receive several hundred thousand dollars. However, municipalities with positive PFAS test results exceeding the EPA standard for PFOA and PFOS of 4 parts per trillion are likely to receive several million dollars.
The next phase of the PFAS lawsuit settlement involves applying for additional funds from the “special needs fund,” designed to reimburse communities that spent money providing PFAS-free drinking water prior to the June 2023 settlement. The deadline to file for the special needs fund is August 26, 2024. Our law firm represented dozens of Phase 1 municipalities. Phase 2 of the PFAS settlement will immediately follow Phase 1, and we expect it to gain traction after the special needs fund application deadline.
August 1, 2024 – Oppermann Webbing Responds to Allegations in PFAS MDL
Oppermann Webbing Inc. has submitted a response to the plaintiffs stating they are not responsible for the allegations against them in this MDL. Oppermann Webbing Inc. is a textile factory known for producing polyester webbing found in parachute harnesses. Oppermann is a lesser-known defendant in this litigation and has alleged the plaintiffs’ claims to be flawed for various reasons, such as Oppermann followed all relevant laws, regulations, and industry standards. This response is similar to the statement released by DuPont, a much more notable company in this litigation, citing they support science-based efforts to develop guidelines for PFAS and commit to ensuring their products are fully compliant with laws and regulations on PFAS. The MDL continues progressing with the companies involved in using and making PFAS as the defendants against the approximate 6,800 pending plaintiffs.
July 14, 2024 – Extension Granted for Phase 1 Municipalities in 3M and Dupont PFAS Settlements
The deadline for Phase 1 municipalities to submit their documentation for payment as part of the 3M and Dupont PFAS class action settlements has been extended by two weeks. The final fairness hearings were held several months ago, but the deadline to file has been continuously delayed. We do not expect the delay to continue past July 24, 2024. We also expect the payments for the public water suppliers that have positive PFAS tests prior to June 2023 (Phase 1 municipalities) to begin receiving payments this fall. Municipalities that do not have a positive PFAS test prior to June 2023 will be part of phase two of the settlement.
May 31, 2024 – MDL No. 2873 Remains the Largest PFAS Class Action Litigation
The largest PFAS class action remains MDL No. 2873, Aqueous Film-Forming Foams (AFFF) Products Liability Litigation. The case was consolidated in late 2018 and the first case management order was filed on January 2, 2019. Several types of cases have been brought together in that court due to common issues. For example, this federal PFAS lawsuit encompasses both cases seeking compensation for environmental harm in the state of Colorado and cases involving firefighters with cancer linked to AFFF exposure.
May 24, 2024 – BASF Settles for $315 Million in Major PFAS Class Action Lawsuit
There has been another settlement in the PFAS Class Action Lawsuit. Defendant BASF, a foreign chemical company, has agreed to pay over $315 million to settle the claims brought by public water suppliers in the federal lawsuit. The settlement does not admit wrongdoing by the chemical company. This is the fourth settlement in the biggest PFAS lawsuit to date. There are over 15 more defendants. We expect more settlements soon.
May 11, 2024 – Judge Gergel Sets Trial Schedule for PFAS Class Action Lawsuit
Judge Gergel has issued a scheduling order setting the stage for multiple PFAS lawsuits to proceed to trial. The PFAS Class Action Lawsuit has been pending in federal court for more than six years, with substantial progress towards resolving water contamination claims. This order is a major step toward resolving the thousands of personal injury claims also filed in this lawsuit. The order states that the current bellwether pool of 25 cases will be further limited to 3 kidney cancer and 3 testicular cancer cases. Plaintiffs must disclose their kidney cancer and testicular cancer experts by November 15, 2024. Motions to challenge the other side’s experts, known as “Daubert Motions,” are due by March 6, 2025. Testicular cancer and kidney cancer are some of the illnesses most strongly associated with PFAS exposure. It may be in the defendants’ best interest to settle the case prior to the judge ruling on the admissibility of the expert testimony.
May 5, 2024 – PFAS Lawsuit Progress: Settlements and Bellwether Trials Underway
The PFAS lawsuit continues to move forward efficiently under the guidance of Judge Richard Gergel. There was a status conference in person in Charleston on April 25, 2024. The parties were excited to solidify the settlement with defendant Tyco, who agreed to pay $750 million to public water suppliers. The Court has also brokered a deal that will focus the personal injury cases at this time on Kidney Cancer, Testicular Cancer, Thyroid Disease, Thyroid Cancer, Ulcerative Colitis, and Liver Cancer. The personal injury bellwether trials will focus on plaintiffs that were exposed to PFAS chemicals through their water supply. The next in-person status conference is on July 19, 2024. We expect there could be more settlements before then regarding defendants and public water suppliers. The first deadline to file for Phase 1 public water suppliers with positive PFAS tests is June 16, 2024 – regarding Defendant Dupont.
April 24, 2024 – DOJ Clarifies EPA’s Enforcement Strategy on PFAS to Judge Gergel
In a letter to Judge Gergel (U.S. District Court Judge overseeing the PFAS federal court lawsuit) dated April 19, 2024, Christina M. Falk, Assistant Director of the Civil Division, Environmental Torts for the United States Department of Justice, stated that the EPA intends to pursue parties that have released significant amounts of PFAS into the environment. The letter also states that the EPA does not intend to pursue certain parties such as farmers, municipal landfills, water utilities, municipal airports, and local fire departments.
April 22, 2024 – EPA Advances Regulations on PFAS, Designating Key Chemicals as Hazardous
The United States EPA is continuing to move forward with regulations aimed at forever chemicals. On April 19, 2024, the EPA designated two PFAS chemicals, PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonic acid), as hazardous substances under the Superfund law. The law will require property owners to notify buyers of past contamination and require special safety measures during transportation. CERCLA, as the law is sometimes called, also allows the agency to use the law for enforcement purposes in cases of contamination.
April 21, 2024 – New PFAS Lawsuit in Orange County Marks First Major Case Under New EPA Standards
A new PFAS lawsuit, Orange County Water District v. AGC Chemicals Americas Inc. et al., was filed last week. The lawsuit is the first major lawsuit filed since the United States Environmental Protection Agency finalized the new PFAS drinking water standards. The complaint alleges that chemical companies knew their products would contaminate the water supply and could lead to health concerns but did not warn of the dangers associated with PFAS chemicals like PFOA and PFOS. Hundreds of municipalities have filed similar lawsuits in the past ten years. This case is thought to be particularly relevant because the government enacted strict regulations on PFAS in drinking water only five days prior to the filing of this lawsuit. The lawyers were likely waiting for the new law to become official before they filed the official complaint.
April 19, 2024 – EPA Establishes First National PFAS Standard for Drinking Water
Update: The EPA has set the first national standard for PFAS in drinking water. The national standard was officially announced on April 10, 2024, after much anticipation. The allowable level of PFOA, the most common of the PFAS chemicals, is 4 parts per trillion, while the interim updated health advisory is 2 parts per trillion. We expect that the increased awareness and the added expense of compliance with the new law will lead to a rise in PFAS lawsuits in the coming years.
April 13, 2024 – Progress in PFAS Litigation: Tyco Fire Products LP Agrees to $750 Million Settlement
Plaintiff’s lawyers have made another step forward in holding PFAS contaminators accountable. The lawyers have settled with another defendant in the PFAS lawsuit. In an announcement on April 12, 2024, the parties stated that Tyco Fire Products LP will pay $750 million to water providers. The settlement details are reported in the recent 8-K filing by Johnson Controls International PLC, the owner of Tyco Fire Products. This settlement will be added to the $13.7 billion previously agreed upon by defendants Dupont and 3M. There are still at least 17 defendants that may add additional funding to the settlement.
April 3, 2024 – Multi-Billion Dollar PFAS Class Action Settlement Receives Final Approval
The long-awaited settlement in the PFAS Class Action Lawsuit has been approved by Judge Gergel. Chemical manufacturer 3M will begin payments to public municipalities during the summer of 2024. The deal calls for payments to be made over a period of 13 years, ending in 2036. The agreement stipulates a final range of 10.5 to 12.5 billion dollars to account for new testing and additional settlements depending on whether new contamination is found. The settlement will help to pay for clean-up of public water supplies. Public water suppliers have until 2026 to apply for compensation.
April 1, 2024 – Judge Gergel Focuses on Contested Injuries in Landmark PFAS Lawsuit
Judge Gergel has shifted focus to the disputed injuries in the PFAS lawsuit. Recent case management orders suggest a strong inclination towards recognizing PFAS exposure in drinking water as a cause of Kidney Cancer, Testicular Cancer, Thyroid Disease, and Ulcerative Colitis—known as the Leach injuries, previously linked in PFAS litigation. Case Management Order 28, filed on March 13, 2024, marks a pivotal moment in environmental litigation, asking plaintiffs to identify diseases not covered in CMO 26 but purportedly associated with AFFF exposure in drinking water. This implies acceptance of previously acknowledged injuries while opening the door for debate on others like prostate cancer, Thyroid Cancer, and various blood cancers.
March 22, 2024 – Massachusetts Warns Against PFAS-Contaminated Bottled Water; Legal Actions Looming
Even bottled water isn’t safe from PFAS contamination. The Massachusetts Department of Health is urging people not to buy water from the Simpson Spring Company due to PFAS contamination. The company has voluntarily stopped production following a failed inspection at their water plant. It appears the company is using contaminated municipal water as their source. The State of Massachusetts has been testing bottled water for PFAS as well, with brands like Poland Spring and Fiji showing positive tests according to the report. This could signify the beginning of another PFAS class-action lawsuit, echoing the situation reported previously with the Simply Orange class action alleging PFAS contamination.
March 17, 2024 – Federal Court in California Dismisses PFAS Class Action Case Against Edgewell Personal Care
A federal court in California has dismissed another PFAS class action case. On January 12, 2024 a federal court in California stated that the plaintiff had not alleged injury from the self care products allegedly containing PFAS chemicals in Lowe v. Edgewell Personal Care Company. The plaintiffs argued that the products contained PFAS and rendered the manufacturer’s representations about the products “false and misleading.” The judge granted the defendants motion to dismiss because there was a lack of specificity about the chemicals contained and the amount of the chemicals that might have been used. The case follows the dismissal in the Hardwick PFAS class action in Ohio. The courts seem to be indicating that a claim must contain specific allegations against specific defendants or the plaintiffs will risk a dismissal on motion.
March 9, 2024 – New PFAS Class Action Filed Against Kimberly Clark in Connecticut
Another PFAS class action lawsuit has been filed in federal court. Residents of the area around New Milford, Connecticut have alleged that Kimberly Clark has contaminated the land and water with chemicals from their plant. The lawsuit alleges that PFAS chemicals were emitted from smoke stacks at the plant and deposited into a local fill. Interestingly, the allegations are similar to those from Hoosick Falls, NY and Merrimack, NH where the Saint Gobain company contaminated local communities through smokestacks and depositing PFOA directly onto the ground and into the local landfill. New Milford’s water is produced by seven wells. PFOA has been detected in six wells, while PFOS has been detected in five of the wells.
March 1, 2024 – United Nations Calls for Accountability as DuPont and Chemours Face Scrutiny Over Environmental and Health Violations
A scathing report by the United Nations has put chemical giants DuPont and Chemors in the international spotlight. The allegations are that the companies have released dangerous forever chemicals such as PFAS in the U.S. water supplies, denying clean drinking water to millions and causing serious health conditions like cancer. Despite their knowledge of the effects of these chemicals, the companies continued these disposal practices for decades in what has become a global crisis. The UN encourages a comprehensive effort to hold accountable those who have contributed to the contamination.
February 24, 2024 – New PFAS Class Action Lawsuit Filed
A PFAS class action lawsuit has been certified by the Honorable Joseph Laplante federal court judge for the District of New Hampshire. The class action lawsuit application was filed in 2016 under the name Kevin Brown v. Saint-Gobain Performance Plastics et al. The allegation is that Saint-Gobain used PFOA in their manufacturing process and the PFAS chemical was released out of smoke stacks at factory, then fell from the air onto the community. The allegations are similar to the class action brought against St. Gobain at their Hoosick Falls, NY location. Class status was granted in the Hoosick Falls case as well. Our firm, King Law, represents the Village of Hoosick Falls in the class action pending in South Carolina federal court. PFAS chemicals were detected in the water in Merrimack, NH in 2016. An investigation by the State of New Hampshire concluded that the manufacturer knew of PFAS admissions into the air at least as early as 2004.
February 23, 2024 – PFAS Lawsuits – the LEACH Injuries
Much of the science for the current PFAS lawsuits dates back to 2005. One of the early PFAS class action lawsuits was Jack Leach v. E.I. du Pont de Nemours & Co., No. 01-C-608 (filed Feb. 24, 2005). This case is commonly called the Leach case or the C-8 case. C-8 or C8 is what Dupont called PFOA, the toxic PFAS chemical. The settlement in the class action suit created a C8 health project that was in charge of a “Science Panel” that would determine the health affects on the people exposed to PFAS chemicals. The study took about 8 years to complete and was done by independent scientists. The panel concluded that PFOA causes Kidney Cancer, Testicular Cancer, Ulcerative Colitis, Thyroid Disease, Pre-eclampsia and high cholesterol. The science of PFAS chemicals has developed substantially since 2005. A significant portion of current PFAS cases will center around what injuries are caused by PFAS exposure. Plaintiff’s lawyers argue that the science now proves that prostate cancer, bladder cancer several blood cancers and pancreatic cancer are also caused by PFAS exposure. Defense lawyers on the other hand argue that settlements should only be limited to “Leach Injuries”. We anticipate some injuries being added to a settlement in the PFAS class action currently pending in the Charleston AFFF fire fighting foam MDL.
February 13, 2024 – Judge Approves $1.185 Billion Dupont Settlement in PFAS Class Action, Anticipates Similar Outcome for 3M’s $12.5 Billion Proposal
Final approval was granted by Judge Gergel as to the first Defendant in the PFAS Class Action Lawsuit on February 8, 2024. The order confirmed the preliminary settlement from August of 2023. The final fairness hearing was conducted between the class and Dupont on December 14, 2023. This settlement provides 1.185 Billion dollars to Public Water Suppliers. The majority of the money will be provided to water suppliers with positive PFAS tests. Some money will also be available for testing purposes. The approval here suggests that a similar proposed settlement with Defendant 3M that was heard on February 2, 2024 will also be granted. The 3M PFAS settlement is expected to be 12.5 billion for the water supply class action portion of the case only. There are still nearly twenty defendants that have not settled in this class action. The deadline to file is 60 days from February 8th. If you have a positive PFAS test and are a Public Water System you should contact a lawyer NOW.
February 9, 2024 – EPA adds to list of cancer causing PFAS chemicals
The strength of PFAS lawsuits continues to increase. Today the EPA proposed that nine PFAS chemicals be added to their list of hazardous constituents. This is another recognition of the hazardous properties of forever chemicals. In order to be listed as a hazardous constituent the chemicals must have been shown to be carcinogenic, toxic or mutagenic. The proposal under the Resource Conservation and Recovery act is a step in the process for EPA to continue to regulate and clean up PFAS contamination. We believe that further recognition by the government and general public increases the likelihood of PFAS class action lawsuits and will also lead to higher settlement amounts in PFAS cases in the future.
February 3, 2024 – PFAS CLass Action Lawsuit takes next step
Judge Gergel recently held the second hearing for final settlement of the Public Water System settlement portion of the PFAS class action lawsuit. The hearing was in regards to defendant 3M only. Judge Gergel previously held a similar hearing regarding defendant Dupont. 3M and Dupont have offered settlements of 12.5 billion and 1.12 billion respectively. All public water systems that had a positive PFAS test prior to the date of settlement are eligible as phase one municipalities and can be awarded damages. About 2/3 of the 13.6 billion available would be allocated to phase 1 municipalities if the settlement is approved. The other 1/3 of the settlement will go towards phase two of the settlement. Phase two will award damages to municipalities that get a positive PFAS test in the future, or to Phase 1 water providers that have an increased level of PFAS in their water supply after the settlement. Judge Gergel indicated his support for settlement. Some objections were heard, but all indications were that payments would proceed in the summer of 2024 as preliminarily scheduled.
January 29, 2024 – More PFAS Lawsuits Filed
Hartford, CT – In a complaint dated January 23, 2024, Connecticut Attorney General William Tong filed two PFAS lawsuits against chemical companies for knowingly contaminating water and natural resources. These lawsuits are similar to the PFAS class action lawsuit that is part of the MDL in Charleston, SC. In particular one of the Connecticut lawsuits alleges contamination from AFFF firefighting foam, which is the allegation in the MDL. The public contamination cases were specifically excluded from 2018 lawsuit. Interestingly, the other lawsuit alleged contamination from consumer products like cookware and waterproof clothing. the complaints are here. We anticipate more PFAS lawsuits, including class actions and individual claims brought by individuals and states and local municipalities alike. The defendants in this lawsuit are similar to other PFAS lawsuits and include corporate giants 3M, Dupont, BASF and TYCO. The return date in Connecticut Superior Court is March 5, 2024.
January 19, 2024 – Court Rules on a PFAS Class Action Lawsuit
A federal court has dismissed a PFAS class action lawsuit. The class lawsuit was originally brought against 10 chemical companies including 3M and Dupont. The plaintiff’s lawyer argued under Civil Rule 23(c) that every American should be part of the class. The district court in the State of Ohio reduced the size of the class action to every person in Ohio, just under 12 million. The defendants then appealed the original decision in the PFAS case to the United States Court of Appeals for the Sixth Circuit. Judge Kethledge said that there was not enough specificity about what each defendant did wrong to allow the complaint to be valid. The Court also said that there was insufficient allegations against each defendant for the plaintiff to create standing to sue. The plaintiff was requesting medical monitoring because he had various PFAS chemicals in his blood, but was not sick.
January 18, 2024 – King Law Continues the Fight for Clean water with PFAS Lawsuits
We are pleased to announce that we have been retained to represent Hoosick Falls, NY in the pending PFAS class action lawsuit. In many ways Hoosick Falls started the PFAS water contamination awareness in New York. We represent many municipalities that have PFAS in their drinking water source. Hoosick Falls is particularly noteworthy because they were the municipality that forced the state of New York to deal with the PFAS issue for the first time. The community was fortunate to be represented in their original claim against St. Gobain and Honeywell by David Engle, Esq. Mr. Engle has joined our team for this case. The situation was addressed by the EPA and New York Department of Environmental Conservation. Hoosick is one of the most educated municipalities on PFAS because of the devesting affects they have experienced and to be the law firm chosen to represent them in the PFAS class action lawsuit is an honor and a privilege.
January 7, 2024 – PFAS Class Action Lawsuit Update
The PFAS class action lawsuit is part of MDL 2873 Aqueous Film-Forming Foam (AFFF) Product Liability Litigation. The public water system settlement portion of the PFAS case is getting closer to providing funds to water providers. In June of 2023 over 13 billion dollars was preliminarily approved to settle the claims of water providers with PFAS in their water supply with defendants 3M and Dupont. On December 14 2023, the Honorable Richard Gergel, held a hearing to determine the final fairness of the settlement for only defendant Dupont. Similarly, Defendant 3M will have a final fairness hearing on February 2, 2024 at 10:00 AM. The purpose of the hearing to request final approval of the 12.5 billion dollar settlement regarding 3M in the PFAS class action lawsuit. The PFAS MDL is pending in the District Court for the District of South Carolina, Master Docket No. 2:18-MN-2873-RMG.
December 22, 2023 – WHO Cancer Research Agency Confirms PFAS Causes Cancer
The International Agency on Cancer Research, part of The World Health Organization has stated without a doubt that at least one PFAS chemical causes cancer. The well respected agency of international doctors and scholars met in November to review the potential health affects of PFOA and PFOS. Thirty experts from eleven countries evaluated the cancer risks associated with PFOS and PFOA. PFOA to be a class one carcinogen for testicular and kidney cancer (renal cell carcinoma). PFOS was listed as a class 2B chemical, possibly carcinogenic with strong evidence of causing cancer in animal studies and mechanistic evidence. PFOA had been considered a 2B (possible carcinogen) since 2014 by the WHO. New studies suggesting the link between PFAS chemicals and cancer led the organization to look at PFOA again. PFOS was reviewed for the first time. Read more about PFAS HERE.
December 18, 2023 – Judge in PFAS Class Action water contamination Lawsuit Calls recent settlement “Historic”
During a status conference in the PFAS Municipality Class Action Lawsuit, Judge Gergel noted that he set the hearing in a historic courtroom where Thurgood Marshall argued to overturn separate but equal which laid the groundwork for the Supreme Court Ruling in Brown vs. Board of Education ending segregation is schools. The judge called the settlement in the PFAS municipality water contamination “historic” as well. Defense lawyers made minor objections, but did not argue against the settlement. Judge Gergel is known to rule quickly, so the 13 billion dollar PFAS water contamination lawsuit settlement for municipalities could be approved before the end of 2023.
December 12, 2023 – PFAS class action lawsuit picking up steam
The PFAS lawsuit can be thought of in three parts. First, Municipalities and water providers that may have been contaminated with PFAS. Second, personal injury claims for injuries related to PFAS exposure. Third, land contaminated with PFAS.
The municipalities were the first bellwether trial scheduled by the Judge in the federal lawsuit based in Charleston. On the eve of trial the largest defendants settled for 13.7 billion payable to water providers throughout the United States. The court issued a preliminary approval in June 2023. Final approval of the class settlement is scheduled for just two days from now, December 14, 2023. We expect there to be further settlements from other defendants regarding the water providers. We then expect municipalities to focus on wastewater treatment of PFAS
The personal injury portion of the PFAS class action case involves two groups of people. First, firefighters that were directly exposed to AFFF firefighting foam. The second group of personal injury PFAS claims involves drinking water exposure to PFAS. Drinking water exposure was most significant around certain industrial locations as well as locations near fire training facilities, airports and military bases. Large amounts of PFAS were used as fire suppressant and contaminated groundwater near training facilities. We expect 2024 to be the year of the PFAS personal injury case. The Judge has indicated that he wants discovery done and trials scheduled for PFAS personal injury cases in 2024. A trail date might lead to a class settlement just like it did in the municipal water claims.
Finally, land contamination as part of the PFAS class action settlement. This is the big ice berg below the surface of the water. There are thousands of sites contaminated with PFAS. The most well known are fire training centers, airports and areas around factories that used PFAS in manufacturing. The class action case will center around clean up of these sites. Clean up of PFAS might cost a hundred million dollars for a single site. A class action settlement of contaminated sites could lead to bankruptcy concerns for the big defendants in the PFAS class action lawsuit.
November 2023: Court Settlement Hearing Upcoming
The parties continue to move towards settlement in the AFFF firefighting foam lawsuit. The Court granted preliminary approval of settlement in favor of water suppliers in June, against defendants 3M and Dupont. The settlement, if approved, would provide over 13.6 billion water providers that have PFAS chemicals in their source water. The final fairness hearing is scheduled for December 14, 2023. About one-third of the money allocated will be set aside for towns or cities that have positive PFAS tests in the future and are known as Phase Two municipalities.
October 2023: PFAS Injury Claims move to the front of Firefighting Foam Lawsuit
Following preliminary settlement of the municipal water claims in the Firefighting foam PFAS lawsuit the personal injury cases have become the Court’s top priority. The case is a national lawsuit being heard in Charleston. The Case involving PFAS contamination is broken into three parts: contaminated water claims, personal injury claims and contaminated land claims. The water claims were preliminarily settled in June. The Judge is now focused on reaching a resolution in the personal injury claims. The parties seem to agree that PFAS exposure can cause some illnesses including Thyroid Disease, Testicular Cancer, Kidney Cancer, Ulcerative Colitis, and Pre-eclampsia. Lawyers for the plaintiff suggest injuries are caused by PFAS exposure directly to Firefighting foam as well as exposure to contaminated drinking water. Exposure to PFAS chemicals is typically shown by testing a person’s blood.
August 2023: To date, over 15,000 claims have been filed against Dupont and 3M due to adverse health effects related to exposure to “forever chemicals” known as PFAS. The companies have paid over $11.5 billion in damages related to PFAS contamination, with that number expected to grow exponentially. While often referred to a “Class Action” these lawsuits are actually known as an MDL or Multi- District Litigation.
On this page:
What is PFAS?
PFAS stands for per- and poly-fluoroalkyl substances. These substances are a group of man-made chemicals known for their resistance to heat, water, and oil. PFAS are widely used throughout products in the United States.
PFAS chemicals have been integrated into a variety of consumer goods, including:
- Non-stick pans
- Food packaging
- Carpets, rugs, and textiles
- Medical equipment
- Umbrellas
- Personal care products
- Water-repellent clothing
- Firefighting foams
PFAS are known as “forever chemicals” because they are persistent and can last for thousands of years. They are a group of organic chemicals known as persistent organic pollutants. When tested, every American was found to have PFAS chemicals in their blood. Exposure to PFAS chemicals has been linked to substantial health concerns, including hormone disruption and certain kinds of cancers.
PFAS Chemicals List
PFAS refers to a broad class of chemicals. The full extent of their effect on the environment and humans is still unknown. Studies continue to understand the health impacts PFAS chemicals and compounds have on humans.
PFAS chemicals list of compounds that have been linked to adverse health effects in humans:
- PFOA (Perfluorooctanoic Acid): PFOA was historically used in the manufacturing of Teflon and other non-stick products. It has been linked to high cholesterol, increased liver enzymes, decreased vaccination response, thyroid disorders, pregnancy-induced hypertension and preeclampsia, and cancer (testicular, kidney).
- PFOS (Perfluorooctane Sulfonic Acid): PFOS is frequently used in firefighting foam and various industrial applications. It is associated with high cholesterol, thyroid disease, immunological effects, and testicular and kidney cancers.
- PFNA (Perfluorononanoic Acid): PFNA has been found in certain food packaging and non-stick products. Some studies suggest a potential link between the substance and kidney cancer as well as high cholesterol.
- PFHxS (Perfluorohexane Sulfonic Acid): PFHxS is commonly used in firefighting foam and some industrial processes. Research suggests it may have effects on the immune system.
- GenX Chemicals: GenX chemicals refer to a trade name for chemicals used to replace PFOA in the manufacturing of Teflon and other non-stick surfaces. One of the most commonly discussed GenX chemicals is HFPO-DA (Hexafluoropropylene Oxide Dimer Acid). Some animal studies have shown negative health effects on the liver, blood, immune system, and in developing fetuses.
If you believe that you were exposed to PFAS chemicals through your drinking water or a consumer product, you might be entitled to compensation. Our PFAS lawyers continue to investigate claims related to PFAS exposure.
PFAS Health Effects and Symptoms
There are a number of suspected health implications of PFAS exposure. It is believed that continuous exposure to high levels of PFAS may lead to a wide range of problems.
PFAS symptoms may include:
- Hormone disruption
- Increased cholesterol levels
- Reduced immune response
- Developmental issues in infants and children
- Decreased vaccination response in children
- Increased risk of preeclampsia in pregnant women
- Changes in liver enzymes
- Kidney cancer
- Testicular cancer
- Thyroid hormone disruption
- Reproductive issues
The health effects of PFAS are far-reaching. Because some PFAS build up in the body, it can take a substantial amount of time for exposure symptoms to dissipate. If you suspect that you are suffering a health condition related to PFAS exposure, you need to speak to an attorney.
PFAS Manufacturers and Products
PFAS chemicals have been used by manufacturers since the 1940s. Over the last several decades, there has been a rapid expansion in the use of these substances because of their versatility and unique properties.
Multiple states, individuals, and counties have filed lawsuits against major manufacturers such as 3M & Co. and DuPont for their role in the PFAS industry. Some states have even restricted the use of some products manufactured by these companies because they contain PFAS.
In 2018, the State of Washington restricted the use of Aqueous film-forming foam (AFFF) firefighting foam because it contains PFAS. It is alleged that companies like 3M and DuPont knew of the dangers of PFAS and continued to use the substance in their products. DuPont has recently come under fire for its supply of PFAS to other companies.
List of Products with PFAS
PFAS is found in a large variety of products, from everyday household items to camping gear and firefighting foam. Unfortunately, nearly every American is exposed to PFAS on a daily basis.
PFAS products may include:
- Non-stick cookware
- Water-repellent clothing
- Cosmetics
- Firefighting foam
- Cleaning products
- Stain-resistant fabrics and carpets
- Food packaging
- Ski and snowboarding wax
- Waterproof tents and camping gear
- Paints and varnishes
Because of their persistence, PFAS chemicals are not easily destroyed and may impact the environment. It is believed that drinking water throughout the United States has been contaminated with PFAS because of runoff from firefighting foam and other PFAS-containing products.
PFAS in Drinking Water
PFAS has not only been found in countless consumed products throughout the country, but it has also been found in drinking water near communities, schools, and military bases. Long-term exposure to PFAS has been linked with serious adverse health problems, including an increased risk of cancer.
PFAS are considered forever chemicals that do not break down easily in the environment. They can enter water sources through industrial processes, runoff from landfills, firefighting foam residue, and other methods. Chronic exposure to certain PFAS compounds in drinking water has been linked to various health risks, including liver issues, cancers, hormone disruption, and developmental problems in children.
The EPA’s proposed National Primary Drinking Water Regulation for PFAS sets legal limits for specific PFAS chemicals in water. Testing and filtration methods, such as activated carbon and reverse osmosis, can help reduce PFAS concentrations in drinking water.
New PFAS Regulations (as of September 2023)
On March 14, 2023, the Environmental Protection Agency announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS chemicals.
The six PFAS chemicals affected by the proposed NPDWR include:
- Perfluorooctanoic acid (PFOA) – zero proposed MCLG with enforceable levels at 4.0 parts per trillion
- Perfluorooctane sulfonic acid (PFOS) – zero proposed MCLG with enforceable levels at 4.0 parts per trillion
- Perfluorononanoic acid (PFNA) – 1.0 (unitless) Hazard Index
- Hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals) – 1.0 (unitless) Hazard Index
- Perfluorohexane sulfonic acid (PFHxS) – 1.0 (unitless) Hazard Index
- Perfluorobutane sulfonic acid (PFBS) – 1.0 (unitless) Hazard Index
The EPA expects to finalize its PFAS regulations by the end of the year. If implemented, the EPA anticipates that thousands of deaths will be avoided and tens of thousands of serious PFAS-related illnesses will be prevented. Under the proposed rule, public water systems would be required to monitor the six named PFAS, notify the public of the levels of the six PFAS, and reduce the levels of these PFAS in drinking water if they go over the proposed standards.
Some states have implemented their own regulatory actions. For instance, Maine has initiated a sweeping PFAS ban on numerous products, including carpets and rugs, beginning in 2023. It is expected that there will be additional PFAS regulations by states in the coming years.
How to File a PFAS Lawsuit
If you have been exposed to PFAS and have suffered adverse health conditions, you may be entitled to compensation. Companies or entities responsible for PFAS exposure may be held liable for a number of issues, including misrepresentation, negligence, and a failure to properly handle and manage PFAS chemicals.
There are several types of legal action that you may be able to take against a PFAS manufacturer, including filing a personal injury claim, class action lawsuit, or environmental damage claim. To determine whether you can file a PFAS cancer lawsuit, you need to speak with an attorney as soon as possible.
PFAS Lawsuit Settlement Amounts
The value of a PFAS lawsuit depends on a number of factors, including the severity of harm caused, evidence presented, legal representation, and the defendant’s willingness or capacity to settle.
Factors that may determine a PFAS Lawsuit Settlement Amount:
- Severity of Harm: The nature and extent of harm suffered by the victims, whether health-related or environmental, play a pivotal role in determining compensation.
- Evidence and Representation: A strong case backed by concrete evidence and robust legal representation tends to result in higher settlement amounts.
- Company’s History: If the defendant has a history of negligence or prior PFAS-related issues, it can influence the court’s decision in terms of penalties and compensation.
- Litigation vs. Settlement: Companies might prefer out-of-court settlements to avoid negative publicity, which can be used as a negotiation point for victims.
DuPont and two of its subsidiaries, Chemours and Corteva, recently reached a $1.185 billion settlement with 300 local water systems. The water systems sued the companies for their part in contaminating wells and aquifers in the area. Shortly thereafter, 3M reached a $10.3 billion settlement with a separate set of water providers. These settlements underscore the gravity of PFAS exposure and the legal recourse available to those affected.
We believe the PFAS class action lawsuit will have average settlement values of several hundred thousand dollars for individuals with personal injury claims. There have been PFAS claims that have settled for over a million dollars. A small cancer pod related to contamination from the St. Gobain Performance Plastic factory in Hoosick Falls, NY led to a class action lawsuit, with some settlements reported to be over a million dollars. In another PFAS class action settlement in 2017, Dupont settled the infamous C8 cases. C8 is another name for the PFAS chemical known as PFOA. PFOA is one of the most common PFAS chemicals. The settlement was reached during a trail before Judge Edmund Sargus. In that case Dupont paid 671 million dollars to 3,550 plaintiffs. Therefore, the average settlement value was $189,014. We believe that the strongest cases today will settle for well above the average in the C8 case. The science showing the PFAS is a carcinogen is more widely accepted today than it was at the time of that settlement. Simple inflation has changed settlement values significantly since 2017. It should also be noted that there are more injuries claimed in the current PFAS class action lawsuit than settled in the original PFAS class. Some illnesses in this case may receive less than $100,000. We believe, however, that the average settlements will still be between $175,000 and $350,000. We expect the cases involving Kidney Cancer and Testicular cancer to be some of the highest value cases and settle well above the average.
Contact a PFAS Cancer Lawyer
A PFAS cancer lawyer can help you understand your rights if you were exposed to PFAS chemicals and subsequently diagnosed with an adverse health condition. It is imperative to consult with an attorney immediately after you are diagnosed with a PFAS-related health condition. A PFAS water contamination lawyer can help you fight to get the compensation you deserve. Contact our office to schedule a free, no-obligation consultation.