PFAS
If you’ve experienced PFAS exposure and suffered adverse health effects, you could be eligible for compensation. Companies responsible for PFAS exposure may face liability for issues like misrepresentation, negligence, and mishandling of PFAS chemicals.
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Understanding PFAS
What is PFAS?
PFAS, or per- and poly-fluoroalkyl substances, are synthetic chemicals known for their resistance to heat, water, and oil. They’re commonly found in various consumer products across the United States.
Bioaccumulation: PFAS, often dubbed “forever chemicals,” accumulate in the body over time, leading to prolonged exposure and potential health risks.
Well-Studied Adverse Effects: Extensive research has revealed the detrimental impact of PFAS on both human health and the environment. According to the EPA, scientific evidence indicates that PFAS exposure can result in:
- Reproductive Harm
- Developmental Delays in Children
- Increased Cancer Risk
- Reduced Immune System Response
- Interference with Hormones
- Elevated Cholesterol Levels and Obesity Risk
Ubiquitous Presence: PFAS are omnipresent, found in a wide array of products. They can infiltrate the body through various avenues, including:
Drinking water, Foods, Contaminated air, Dust and soil, Product packaging
Lack of Remediation: Currently, there is no known treatment to eliminate PFAS from the body. Therefore, one of the most effective strategies to mitigate exposure is to avoid products known to contain PFAS.
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PFAS
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Common Products Containing PFAS
PFAS compounds are present in a wide array of everyday products, ranging from cookware to camping gear. The pervasive nature of PFAS means that nearly every American is exposed to these chemicals regularly. Common products containing PFAS 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
States like Maine have also taken steps to regulate PFAS, with comprehensive bans on various products expected to be implemented in the near future. These regulatory efforts aim to safeguard public health and mitigate the adverse effects of PFAS contamination.
PFAS Contamination in Drinking Water
In addition to consumer products, PFAS contamination has been detected in drinking water sources near communities, schools, and military installations. Long-term exposure to PFAS through drinking water has been associated with serious health issues, including cancer and reproductive problems.
Impact on Drinking Water
Due to their persistence, PFAS can enter water sources through various means, including industrial runoff and firefighting foam residue. The Environmental Protection Agency (EPA) has proposed regulations to limit PFAS levels in drinking water, aiming to mitigate health risks associated with PFAS exposure.
New PFAS Regulations (As of September 2023)
In March 2023, the EPA announced proposed regulations for six PFAS chemicals, setting enforceable limits for their presence in drinking water. These regulations aim to prevent thousands of illnesses and deaths related to PFAS exposure.
The six PFAS chemicals covered by the proposed regulations are:
- Perfluorooctanoic acid (PFOA)
- Perfluorooctane sulfonic acid (PFOS)
- Perfluorononanoic acid (PFNA)
- Hexafluoropropylene oxide dimer acid (HFPO-DA, or GenX Chemicals)
- Perfluorohexane sulfonic acid (PFHxS)
- Perfluorobutane sulfonic acid (PFBS)
PFAS: Cancer Risks and Health Impacts
Recent scientific studies have underscored the risks associated with long-term exposure to Per- and Poly-fluoroalkyl Substances (PFAS), linking them to cancer and various health issues. Some of the adverse effects attributed to PFAS exposure include:
1. Cancer:
- Kidney Cancer
- Testicular Cancer
- Liver Cancer
- Prostate Cancer
- Thyroid Cancer
2. Medical Conditions:
- Preeclampsia
- Low Birthweight (5.5lb or less)
- Thyroid Disease (Hyperthyroidism, Hypothyroidism, Thyroiditis, Hashimoto’s Disease, Grave’s Disease, Goiter, Thyroid Nodules)
- Ulcerative Colitis
These findings highlight the importance of regulating PFAS levels in drinking water to safeguard public health and prevent adverse health outcomes.
DOD Report Reveals Extensive PFAS Water Contamination at Military Bases
The Department of Defense’s recent report underscores the pervasive issue of PFAS water contamination plaguing numerous military bases across the United States. The comprehensive testing program, conducted in seven states, shed light on the alarming levels of PFAS found in drinking water samples from off-base locations adjacent to or downstream from military facilities.
Highlighted in the report are disturbing findings revealing PFAS levels exceeding the EPA’s maximum safe threshold of 70 parts per billion (ppb) at several off-base sites near military installations. The contamination, primarily attributed to firefighting foam used in training exercises, poses significant health risks to affected communities.
Among the identified sites with elevated PFAS levels are the Willow Grove Naval Air Station in Pennsylvania, the Camp Grayling Army Airfield in Michigan, and the Naval Air Station at Whidbey Island in Washington. Notably, this report underscores a broader nationwide concern, with PFAS contamination detected at nearly 400 military bases and suspicions of additional contamination at numerous other sites, according to environmental advocacy groups.
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PFAS Litigation Updates
April 13, 2024
Tyco Fire Products LP Settles for $750 Million
Another significant step has been taken in the fight against PFAS contamination. Plaintiff’s lawyers have reached a settlement with Tyco Fire Products LP, with the company agreeing to pay $750 million to water providers. This settlement, disclosed in a recent 8-K filing by Johnson Controls International PLC, adds to the substantial compensation previously secured from defendants Dupont and 3M, totaling $13.7 billion. Additional funding from at least 17 other defendants is anticipated, further advancing efforts to address PFAS contamination.
April 3, 2024
Final Approval for Multi-Billion Dollar PFAS Settlement
Judge Gergel has granted final approval for the long-awaited settlement in the PFAS Class Action Lawsuit. Under this settlement, chemical manufacturer 3M will commence payments to public municipalities starting this summer, with a total settlement ranging from 10.5 to 12.5 billion dollars over 13 years. This landmark agreement aims to address new testing and additional settlements based on future contamination findings, providing crucial support for the cleanup of public water supplies.
April 1, 2024
Focus on Contested Injuries in PFAS Lawsuit
Judge Gergel has turned attention to disputed injuries in the PFAS lawsuit, signaling a potential shift in the litigation landscape. Recent case management orders suggest a growing recognition of PFAS exposure as a cause of various health conditions, including Kidney Cancer, Testicular Cancer, Thyroid Disease, and Ulcerative Colitis. This development marks a pivotal moment in environmental litigation, opening avenues for further discussions on the health impacts of PFAS exposure.
March 22, 2024
Warning Against PFAS-Contaminated Bottled Water
The Massachusetts Department of Health has issued a warning against water from the Simpson Spring Company due to PFAS contamination. This alarming revelation underscores the pervasive nature of PFAS contamination, even extending to bottled water. Legal actions, including potential class-action lawsuits, are looming as concerns over PFAS contamination in consumer products escalate.
March 17, 2024
Dismissal of PFAS Class Action Case in California
A federal court in California has dismissed a PFAS class action case against Edgewell Personal Care, citing lack of specificity regarding alleged injuries from products containing PFAS chemicals. This ruling underscores the importance of specific allegations in PFAS litigation and signals potential challenges for plaintiffs in proving their claims against manufacturers.
March 9, 2024
New PFAS Class Action Filed Against Kimberly Clark
Residents of New Milford, Connecticut, have filed a PFAS class action lawsuit against Kimberly Clark, alleging contamination of land and water from the company’s plant emissions. This lawsuit mirrors similar cases in other locations and highlights ongoing efforts to hold manufacturers accountable for PFAS contamination.
March 1, 2024
UN Calls for Accountability in PFAS Contamination
A scathing report by the United Nations has brought chemical giants Dupont and Chemours under scrutiny for their alleged release of PFAS chemicals, contributing to water contamination and serious health conditions. The UN’s call for accountability underscores the urgency of addressing PFAS contamination on a global scale.
February 24, 2024
Certification of New PFAS Class Action Lawsuit
A federal court judge in New Hampshire has certified a PFAS class action lawsuit against Saint-Gobain Performance Plastics, alleging contamination from emissions at the company’s factory. This lawsuit highlights ongoing efforts to hold manufacturers accountable for PFAS contamination and underscores the widespread impact of PFAS litigation.
February 23, 2024
Exploring the Science Behind PFAS Lawsuits
The science behind PFAS lawsuits traces back to landmark cases like Jack Leach v. E.I. du Pont de Nemours & Co., which established PFAS exposure as a cause of various health conditions. Ongoing debates over recognized injuries in PFAS litigation underscore the evolving nature of these lawsuits and their implications for public health.
February 13, 2024
Approval of Dupont Settlement in PFAS Class Action
Judge Gergel has granted final approval to the $1.185 billion settlement with Dupont in the PFAS Class Action Lawsuit, marking significant progress in compensating water suppliers affected by PFAS contamination. Similar approval is expected for 3M’s proposed settlement, advancing efforts to address the widespread impact of PFAS contamination.
February 9, 2024
EPA Proposes Adding PFAS Chemicals to Hazardous List
The EPA has proposed adding nine PFAS chemicals to its list of hazardous constituents, acknowledging their carcinogenic properties. This move underscores growing concerns over PFAS contamination and may impact future regulatory and legal actions against PFAS manufacturers.
February 3, 2024
Advancement of PFAS Class Action Lawsuit
Judge Gergel has advanced the PFAS class action lawsuit by holding a hearing for final settlement approval, focusing on defendant 3M. With settlements totaling billions of dollars, the lawsuit aims to compensate water providers and individuals affected by PFAS contamination, highlighting the significant legal and financial implications of PFAS litigation.
January 29, 2024
Continued Filing of PFAS Lawsuits
Connecticut Attorney General William Tong has filed PFAS lawsuits against chemical companies for contaminating water and natural resources, reflecting ongoing efforts to hold polluters accountable. These lawsuits add to the growing legal pressure on PFAS manufacturers and underscore advocacy for clean water standards.
January 19, 2024
Dismissal of PFAS Class Action Lawsuit
A federal court has dismissed a PFAS class action lawsuit, highlighting the challenges plaintiffs face in proving allegations against chemical companies. The ruling underscores the importance of specificity and evidence in PFAS litigation and sets a precedent for future cases.
January 18, 2024
Representation in PFAS Class Action Lawsuit
King Law has been retained to represent Hoosick Falls, NY, in the PFAS class action lawsuit, demonstrating ongoing efforts to seek justice for communities affected by PFAS contamination. The firm’s involvement underscores the critical role of legal advocacy in addressing environmental hazards and protecting public health.
January 7, 2024
Progress in PFAS Class Action Lawsuit
The PFAS class action lawsuit continues to progress, with settlements totaling billions of dollars aimed at compensating water providers and individuals affected by PFAS contamination. As the legal battle unfolds, it highlights the urgent need for accountability and compensation in addressing PFAS contamination.
These updates underscore the dynamic nature of PFAS litigation, from settlements and dismissals to regulatory developments and ongoing advocacy efforts. As the legal landscape evolves, the fight against PFAS contamination remains a critical priority for environmental protection and public health.
DECEMBER 22, 2023 – WHO CONFIRMS PFAS AS CANCER-CAUSING AGENTS
In November, The World Health Organization’s International Agency on Cancer Research declared a definitive link between PFAS chemicals and cancer. Evaluating PFOA and PFOS, thirty experts from eleven countries concluded that PFOA is a class one carcinogen, associated with testicular and kidney cancers. PFOS was classified as a class 2B chemical, possibly carcinogenic, with substantial evidence from animal studies. The WHO’s review, prompted by recent studies, reaffirmed the carcinogenic nature of PFAS, shedding light on its health risks.
DECEMBER 18, 2023 – JUDGE PRAISES HISTORIC SETTLEMENT IN PFAS WATER CONTAMINATION CASE
During a status conference, Judge Gergel hailed the recent settlement in the PFAS Municipality Class Action Lawsuit as “historic.” Comparing it to pivotal civil rights cases, he underscored its significance in addressing water contamination issues. Despite minor objections from defense lawyers, Judge Gergel hinted at swift approval, potentially finalizing the $13 billion settlement before year-end.
DECEMBER 12, 2023 – PFAS LITIGATION GAINS MOMENTUM
The PFAS lawsuit unfolds across three fronts: municipal water claims, personal injury suits, and land contamination issues. Notably, the impending settlement of the municipal water claims signals progress, with preliminary approval granted in June. Personal injury cases, particularly concerning firefighters and individuals exposed to contaminated drinking water, are poised for 2024 trials. Additionally, the focus shifts to land contamination, highlighting the complex cleanup challenges posed by PFAS contamination across various sites.
NOVEMBER 2023 – FINAL SETTLEMENT HEARING LOOMS IN AFFF LAWSUIT
Efforts toward resolution in the AFFF firefighting foam lawsuit intensify, with a final fairness hearing slated for December 14, 2023. The preliminary settlement, if approved, promises over $13.6 billion to water suppliers grappling with PFAS contamination. Notably, one-third of the allocated funds are earmarked for future claims, demonstrating a proactive approach to address ongoing contamination concerns.
OCTOBER 2023 – PFAS INJURY CLAIMS TAKE CENTER STAGE
Following initial settlement strides in municipal water claims, personal injury suits emerge as a top priority in the PFAS litigation landscape. With a focus on illnesses linked to PFAS exposure, including Thyroid Disease and Testicular Cancer, upcoming trials are poised to shed light on the health ramifications. The evolving legal landscape underscores the urgency in addressing PFAS-related health concerns.
AUGUST 2023 – PFAS LITIGATION SURGES WITH OVER 15,000 CLAIMS
The burgeoning PFAS litigation, characterized by over 15,000 claims against major manufacturers like Dupont and 3M, underscores the widespread impact of PFAS contamination. With over $11.5 billion already disbursed in damages, the trajectory suggests continued escalation in legal proceedings. Notably, these lawsuits, although commonly referred to as class actions, are formally categorized as Multi-District Litigation (MDL), reflecting their complex nature and expansive scope.
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frequently asked questions
What are PFAS chemicals, and why are they a concern?
PFAS (per- and polyfluoroalkyl substances) are a group of man-made chemicals used in various industries and consumer products. They are a concern because they are highly persistent in the environment, accumulate in the body over time, and have been linked to adverse health effects.
How are people exposed to PFAS chemicals?
People can be exposed to PFAS chemicals through contaminated drinking water, food packaging, consumer products (such as non-stick cookware and stain-resistant fabrics), occupational exposure, and environmental contamination.
What health problems are associated with PFAS exposure?
PFAS exposure has been linked to various health problems, including but not limited to cancer (such as kidney and testicular cancer), liver damage, thyroid disease, developmental delays, immune system dysfunction, and reproductive issues.
Are there regulations or guidelines in place to address PFAS contamination?
Yes, there are regulations and guidelines at both the federal and state levels to address PFAS contamination. However, these regulations vary, and there is ongoing debate about appropriate standards and enforcement measures.
What legal options do individuals and communities have if they've been affected by PFAS contamination?
Individuals and communities affected by PFAS contamination may have legal options to seek compensation for damages through litigation, such as filing lawsuits against responsible parties, joining class-action lawsuits, or pursuing settlements.
How can individuals and communities protect themselves from PFAS exposure?
Individuals and communities can take steps to reduce their exposure to PFAS by avoiding products containing PFAS, using alternative products, filtering drinking water, and advocating for stricter regulations and cleanup efforts in affected areas.