Thousands of veterans, and military personnel exposed to toxic AFFF firefighting foam chemicals during their service, are waiting to see the outcome of a major lawsuit filed against the foam manufacturers.
This AFFF exposure has been linked to various cancers and health conditions in veterans. As settlement talks continue in 2024, here is a look at where this landmark AFFF lawsuit currently stands and what impacted veterans can expect moving forward.
Introduction to the AFFF Lawsuit
AFFF firefighting foam containing PFAS chemicals has been used extensively by the U.S. Navy and Marines since the 1970s.
These toxic compounds, while effective at dousing fires, stay in the body and environment for a long time. Research links PFAS from AFFF to cancers, immune disorders, and other serious health effects in exposed military personnel. Extensive use and accidents led to drinking water contamination across bases, furthering exposure.
After evidence mounted of PFAS health impacts, veterans filed a class action lawsuit in 2020 against AFFF manufacturers like 3M and Tyco. Plaintiffs allege the companies knowingly hid the risks of the foam chemicals for decades, leading to illness and death in those who served. Now consolidated, the landmark AFFF lawsuit by Navy service members seeks medical monitoring, disability aid, and financial compensation for all veterans and civilians exposed to AFFF dating back to the 1960s.
While a trial or settlement is likely years away, this case represents hope for long-awaited justice for those harmed by PFAS chemicals during their military service.
Current Status of AFFF Lawsuits
As of February 2024, about 7000 cases are pending in the AFFF class action MDL.
In January 2024, 279 cases were added to the MDL, which brought up the total number to 6,994. 3M Co., one of the defendants in this MDL, proposed a settlement worth at least $10.5 billion. This settlement will address liability issues, and help decontaminate approximately 12,000 public water systems by removing PFAS pollutants.
Moreover, Connecticut’s Attorney General, William Tong, has filed two lawsuits against 28 chemical manufacturers. The lawsuits contain over 30 counts of violations against 28 responsible parties. It alleges that the companies knowingly contaminated Connecticut’s waters and natural resources. The lawsuit hopes to hold the companies responsible and seek monetary and manual help to restore the damage.
That sounds great, but what about individual firefighters and military personnel? Negotiations are ongoing, and there has been nothing but delays and hurdles.
Potential Timeline
Most expert projections estimate a resolution of the AFFF lawsuit settlements by the end of 2024.
If this projection fails, it is estimated that the lawsuit will last at least for the next 2 years. Major environmental cases often take over a decade to conclude, especially with likely appeals. While momentum from settlement talks is positive, there are factors like COVID-19 delays and scientific uncertainties that could prolong the process.
Lawyers close to the negotiations expect a settlement proposal within 18–24 months if progress continues.
Impact of a Settlement
According to TruLaw, based on previous class action settlements, the compensation from the AFFF lawsuit could average around $40,000 to $300,000 per plaintiff.
However, the compensation would vary depending on the extent of exposure and illness. If a settlement is reached, an administrator would likely be appointed to distribute funds and determine eligibility.
Moreover, a settlement could also establish a medical monitoring program to fund health screenings for all exposed AFFF veterans. This could improve diagnosis, treatment, and disability benefits.
Risks to Settlement
Despite hope from both parties, risks could still derail a settlement. If key issues remain unresolved as talks advance, negotiations could reach an impasse.
Defendants may also be unwilling to agree to the extent of liability or class size sought by plaintiffs. With hundreds of millions at stake, talks could collapse and lead to a lengthy trial phase.
Plaintiffs would then face challenges like strict causation standards for illnesses.
The Path Forward for Veterans
While the lawsuit outcome remains uncertain, the VA encourages all veterans concerned about AFFF exposure to take advantage of existing resources like disability claims, free health exams, and toxic exposure screenings.
Veterans should also consult accredited claims agents who can explain current compensation options. To stay updated on the litigation, impacted veterans can connect with advocates like Veterans Legal Institute, who provide regular lawsuit updates.
Though the road ahead is long, the attention on AFFF contamination continues to grow, along with hopes for justice.
The AFFF class action lawsuit represents a long-overdue attempt to get justice for veterans harmed by toxic chemicals while serving their country.
While the outcome is still uncertain, the momentum behind the case continues to grow. Veterans impacted by AFFF exposure should stay updated on resources available and progress in the litigation. Though compensation cannot undo the damage done, holding manufacturers accountable could finally help thousands of veterans get recognition for their sacrifices, medical support, and financial relief.
After decades of suffering, there is hope these legal efforts will ultimately provide veterans their rightful due.