PFAS Claims

PFAS Claims: When “Forever Chemicals” Show Up in Your Body, Your Water, or Your Job

They are often called “chemicals which last for ever”. These chemicals have been in use for many years in goods such as waterproof coatings and fire fighting foams. They are used in various industrial applications and consumer products. US EPA][1])

PFAS health claims are the subject of a growing number of lawsuits. This article is a straightforward guide to PFAS health claims litigation, without hype, intended for those who’ve been diagnosed with a serious condition or those who fear exposure.

General information relating to personal injuries is offered below but this should not be regarded as professional guidance.

What are PFAS, really?

They constitute a group of man-made chemicals known as PFAS. The reason that these chemicals are relevant to court cases is because they can turn up in locations where they shouldn’t – in drinking water, soil, blood tests and near facilities which use them.

The US Environmental Protection Agency proposed a maximum contaminant level for PFOA and PFOS of four parts per trillion in June of 2022. United States Environmental Protection Agency

Regulatory bodies setting enforceable standards for contaminants gives the impression that these substances are a real public health concern. This is because such actions acknowledge the potential for measurable exposure, which can have serious health effects on the population.

What kinds of PFAS lawsuits exist?

There are numerous PFAS lawsuits, however the majority of them can be categorised into several main categories, these include:

 1) Firefighting foam (AFFF) exposure

Aqueous film forming foam, known as AFFF, is employed by industrial sites, military personnel, airports and by firemen. The majority of lawsuits concerning PFAS contamination concern workers exposed to these chemicals on the job through equipment or uniforms. Additionally, some cases focus on community exposure from contaminated drinking water.

The majority of the litigation concerning the AFFF claims has been done in the multi district litigation (MDL No. 2873) coordinated by Chief Judge Frances H. Stacy, with the first bellwether trials scheduled for June 2022. Plaintiffs brought a class action in federal court in South Carolina. PFAS Water Settlement][3])

 2) Drinking water contamination

Some cases have communities seeking the cost of testing and the treatment of water as well as damages from water contamination. Large scale human settlement patterns have been established.

As of March 2023, 3M had reached a settlement with the US over PFOA contamination allegations, in which the company agreed to spend up to $10 billion. 3M Corporation

The chemical companies 3M, DuPont and Atofina reached a settlement in the state of New York regarding water pollution. As part of this agreement, a framework for large scale compensation to people who had drunk polluted water has been established. Chemours][5])

3) Individual injury claims

Some individuals are filing their own lawsuits claiming health complications linked to exposure to these chemicals were caused. In these lawsuits, the claims are separate from those submitted to water authorities. These complications can be diagnosed many years after exposure. These cases typically demand robust medical documentation and also a clear history of exposure.

Mass tort” doesn’t mean “one big payout for everyone

This litigation is often treated as a mass tort. In mass torts, numerous individuals typically share comparable claims, such as exposure to the same chemicals, similar corporate actions and similar evidence. Yet each case remains distinct in terms of the damages experienced by the individual.

Their primary function is to manage the gathering of evidence and related pre-trial work, ensuring experts’ testimonies and rulings are consistent, yet allowing each case’s specifics to be unique. Disputes over AFFF have led to settlements and settlements being administered by the courts for various claim types, including those for certain claim categories. 

The government has established the Court-Affirmed Business Settlement Process (CABSP) to administer claims. 

This process includes the establishment of a settlement fund. PFAS Water Settlement][3])

Who might be eligible to explore a PFAS claim?

What you can do right now (without making life harder)

Here is a rewritten version of the passage: 

If you are thinking of initiating legal action involving perfluoroalkyl and perfluoroalkyl substances or you are simply concerned with your own safety, the steps below are relatively straightforward and uneventful:

One’s own health should be prioritised.

Stick to your doctors’ advice when dealing with a diagnosis or your symptoms. The difficulties surrounding the legal aspects should not serve as a deterrent to medical treatment and rehabilitation.

2) Write a simple exposure timeline.

Historically, where you lived or worked, dates (approximate or exact) and whether PFAS were probably present (training exercises with fire foam, contamination of water supplies) are points to consider.

In many areas, firefighting training with PFAS-containing foam took place. Military bases and airports are among locations where this took place. 

Dates of residence, work or activities potentially involving PFAS exposure at known contaminated sites should also be noted. This doesn’t need to be perfect—just real.

First, gather the low hanging fruit, or in other words, collect what is easy.

Employee records, job specifications, training records (if relevant)

Utility Companies – Water Quality Notifications, Municipal Letters, Well Testing 

Companies that provide utilities, write municipal letters and do well testing

Medical records tied to diagnosis and treatment

If you have any blood test results showing levels of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in your blood then you should give these to your doctor.

Take your time before putting your signature on anything.

PFAS litigation is evolving. It would be beneficial if the team could discuss whether or not our situation fits into one of their standard cases and outline any trade-offs involved.

What compensation can include

In cases where PFAS litigation is successful, the court-ordered compensation may cover, amongst other things, the cost of cleaning up contaminated water sources.

Medical costs incurred in the past along with those that are going to be incurred in the future constitute this category.

Loss of earnings together with diminished capacity to earn a living

• Pain and suffering
• Out-of-pocket expenses tied to treatment or relocation

In certain cases remedial and testing costs which are more often involved in water supply related cases, may also be recoverable.

No one should give a guarantee as to a specific outcome. A lawyer who genuinely wants a client to have a good legal intake will be honest about their position’s strengths, weaknesses and what comes next without resorting to scare tactics.

A calm next step

Knowing the truth about the impact of PFAS exposure on your health can be therapeutic in itself, especially if you have been told your workplace or community was contaminated. A confidential case evaluation could be helpful in determining whether your case may be part of an existing class of PFAS lawsuits, what documents are most crucial and what time limits may apply. It’s unnecessary to convince or prove your point on the first telephone call, you just need a starting point with someone who knows the present process of handling PFAS claims. PFAS Water Settlement][3])