PFAS Class Action Lawsuit – April 2024 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 Update
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. 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.