Key Developments in the AFFF Litigation (October 2024)
AFFF Litigation Moves Towards First Bellwether Trial
The AFFF firefighting foam litigation is making significant strides toward its first bellwether trial. A new case management order has been established, detailing the timeline for discovery, expert witness disclosures, and trial preparations. Important milestones include the completion of fact-finding by December 16, 2024, expert witness depositions ending by May 14, 2025, and the final trial set for October 6, 2025. This structured timeline offers a clearer pathway to resolving these cases, potentially paving the way for a global settlement prior to the trial.
Expansion of AFFF MDL
The AFFF class action multidistrict litigation (MDL) saw substantial growth in September, with 320 new cases added, bringing the total to 9,896 pending cases. This surge underscores the ongoing rise in litigation related to the health impacts of AFFF firefighting foam.
Critical Stage for AFFF Litigation
As the AFFF litigation progresses, plaintiffs’ attorneys are preparing to submit expert reports linking AFFF, which contains harmful PFAS chemicals, to various health issues, including cancer. This pivotal development may face challenges from the defense, questioning the scientific validity of the reports. The judge’s ruling on the admissibility of these reports will significantly influence the plaintiffs’ case.
New Lawsuits Filed
Recent lawsuits include one filed by a North Carolina man against several manufacturers, alleging that their PFAS-containing firefighting foam caused him to develop kidney cancer due to exposure at work and from contaminated water. The suit claims negligence and failure to disclose the associated health risks.
Understanding AFFF and PFAS
AFFF is a firefighting foam that relies heavily on PFAS, which are man-made chemicals known for their heat resistance, water repellency, and oil resistance. These properties have made AFFF effective for extinguishing fuel-based fires. However, extensive use by military, industrial, and aviation sectors has led to widespread contamination of water supplies.
Health Risks Associated with AFFF Exposure
Exposure to PFAS from AFFF has been linked to severe health issues, including:
- Cancer: Increased risks of kidney, testicular, ovarian, prostate, pancreatic, liver, breast, and blood cancers.
- Thyroid Disease: Disruptions in thyroid function related to PFAS contamination.
- Immune System Impairment: Weakened natural defenses against infections and illnesses.
- Reproductive and Developmental Issues: Negative effects on reproductive health and fetal development.
