The Aqueous Film-Forming Foam (AFFF) litigation is making progress in the U.S. District Court of South Carolina under the supervision of Judge Richard Gergel. Discovery for the bellwethers involved in the case is expected to wrap up by June 2024, with the first trial anticipated to take place in 2025. Approximately 6,600 cases are currently pending in the multidistrict litigation (MDL), with plaintiffs alleging a range of injuries, including various cancers and fertility issues.
In light of the complex nature of the litigation, the court is preparing to hold a Science Day to address the scientific aspects of the personal injury claims within the MDL. The evolving scientific understanding of the connection between per- and polyfluoroalkyl substances (PFAS) in AFFF and different illnesses adds a layer of complexity to the proceedings. Moreover, there are challenges regarding how plaintiffs can demonstrate exposure to AFFF.
AFFF, designed to combat fires ignited by flammable liquids, is commonly used by firefighters in diverse settings such as training facilities, vehicles, ships, and military installations. The foam's effectiveness in fire suppression is attributed to its ability to cool fires and create a protective film over the fuel, preventing re-ignition.
Key components like ethylene and propylene glycol enhance the foam's longevity, and PFAS play a crucial role in its fire-suppressing properties. However, the presence of PFOS and PFOA in AFFF raises concerns about potential health risks associated with prolonged exposure. Studies indicate that exposure to these chemicals could lead to adverse health effects, including cancer.
As the legal proceedings continue and the Science Day approaches, the AFFF litigation remains a complex and significant case, highlighting the intersection of science, law, and public health.