AFFF litigation progresses with bellwether plaintiffs selection

Attorney Complaints
Webp m5sbio5gaf4wd5ty1znu7n05p7ss
Tom Methvin, Principal, Managing Attorney | Beasley Allen, law firm, GA

The Aqueous Film-Forming Foam (AFFF) litigation is currently being overseen by Judge Richard Gergel in the United States District Court of South Carolina. This case is significant due to the widespread impact of PFAS (per- and polyfluoroalkyl substances) contamination, which has affected many water sources across the country.

The court has identified several “presumptive injuries” linked to PFAS exposure, including kidney cancer, testicular cancer, hypothyroidism/thyroid disease, ulcerative colitis, liver cancer, and thyroid cancer.

PFAS are man-made chemicals that can cause a range of health problems. Studies have shown that exposure to PFAS can lead to thyroid problems, an increased risk of certain cancers, and skin irritation.

On July 19, 2024, the court selected bellwether plaintiffs to represent the broader group of affected individuals. These plaintiffs include three kidney cancer plaintiffs and three testicular cancer plaintiffs from a water contamination site in Pennsylvania; two thyroid disease plaintiffs and one ulcerative colitis plaintiff from a water contamination site in Colorado. These cases will help set the stage for future litigation and potential settlements.

PFAS chemicals are found in products such as firefighting foam, stain-resistant carpets, and water-repellent clothing. These chemicals have ended up polluting many water sources. The United States Geological Survey has found that at least 45% of tap water across the country contains PFAS. Additionally, about 35 million people in America are drinking water with PFAS levels exceeding what the Environmental Protection Agency (EPA) deems safe based on new regulations introduced earlier this year.

###