PFAS Contamination Lawsuit

 

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), chemicals commonly used in various industries, have come under scrutiny for their significant health risks. As awareness of the harmful effects of PFAS exposure continues to grow, individuals impacted by contamination are increasingly seeking legal recourse to obtain justice and compensation.

Experienced legal professionals specializing in PFAS-related cases offer comprehensive support, including free case evaluations to guide affected individuals through the litigation process. Schedule a free consultation to explore how a PFAS lawsuit attorney can assist in pursuing your claim.

PFAS-Related Legal Actions and Settlements

April 15, 2024:
The Orange County Water District, along with more than a dozen other public water utilities in California, filed a lawsuit against multiple PFAS manufacturers, including Dynax America Corp. and Arkema Inc. The plaintiffs allege negligence and nuisance due to PFAS contamination in water supplies, as reported by Reuters. This marks the first significant lawsuit under the Biden administration's new drinking water regulations, the first national standard for PFAS.

April 12, 2024:
Tyco, a subsidiary of Johnson Controls, reached a $750 million settlement with several U.S. public water systems, according to Reuters. The lawsuit accused Tyco of contaminating drinking water with firefighting foam. The settlement will provide funding to assist municipalities in remediating the contamination.

April 1, 2024:
Judge Richard Gergel of the United States District Court for the District of South Carolina approved a $10.3 billion settlement between 3M and U.S. water suppliers. Payments will be distributed over 13 years to more than 300 communities, as reported by the Associated Press. The funds will cover costs associated with testing and filtering PFAS from water systems. Depending on test results, the settlement amount may increase to $12.5 billion.

February 8, 2024:
U.S. District Judge Richard Gergel finalized a $1.18 billion settlement between DuPont de Nemours, Chemours, Corteva, and water utilities, according to The Hill. The funds will be allocated to a compensation fund for water providers affected by PFAS contamination.

November 30, 2023:
The city of Wausau, Wisconsin, filed a lawsuit against 15 PFAS manufacturers and 61 insurance companies for contamination-related damages.

October 5, 2023:
A federal judge consolidated over 100,000 PFAS water contamination claims from residents and property owners near a Chemours-owned chemical plant in North Carolina. The lawsuits, brought by private well owners and utility customers, allege that PFAS-contaminated wastewater was discharged into the Cape Fear River for decades.

August 21, 2023:
The city of Eau Claire, Wisconsin, initiated legal action against PFAS manufacturers for contaminating its water supply.

August 15, 2023:
Residents of Stella, Wisconsin, filed a lawsuit against 3M and Ahlstrom Munksjo, owners of the Rhinelander paper mill, over well water contamination. Testing revealed PFAS levels in several dozen wells that were thousands of times higher than Wisconsin's recommended limits, according to WXPR.

PFAS Contamination Cases Across the Nation

PFAS contamination has prompted a wide range of legal actions across the United States. Key cases include:

Multidistrict Litigation in North Carolina:
More than 100,000 lawsuits against E.I. du Pont de Nemours and Co. and The Chemours Co. have been consolidated in the United States District Court for the Eastern District of North Carolina.

Multidistrict Litigation in South Carolina:
Numerous PFAS lawsuits, including claims by water utilities seeking cleanup costs and personal injury cases, have been consolidated into a multidistrict litigation (MDL) in a South Carolina federal court. Defendants such as 3M, Chemours, Corteva, and DuPont de Nemours face thousands of lawsuits alleging contamination, particularly from firefighting foam used at airports and fire stations.

Class Action Settlements:

  • In June 2023, 3M and water utilities reached a $10.3 billion settlement to fund the cleanup of contaminated drinking water.
  • Another settlement for $1.18 billion involved DuPont, Chemours, and Corteva, addressing claims from more than 440 public water supplier plaintiffs.
  • Both settlements were finalized in early 2024 under the MDL in South Carolina.

State-Level Actions and Settlements:
Several states have pursued legal action to address PFAS pollution:

  • Michigan secured a $69.5 million settlement with Wolverine Worldwide, Inc. for contamination claims.
  • Ohio reached a proposed $110 million settlement with DuPont, Chemours, and Corteva to address environmental damage caused by PFAS discharges.
    Other states have similarly filed lawsuits to hold manufacturers accountable for contamination.

Local Lawsuits:
Cities and municipalities are also taking legal action:

  • The city of Wausau filed a lawsuit against 15 manufacturers and 61 insurance companies over PFAS contamination.
  • Eau Claire filed its own lawsuit targeting PFAS manufacturers for water contamination.

These cases often involve intricate scientific and legal challenges, resulting in substantial settlements or verdicts aimed at addressing contamination and compensating affected communities.

Compensation in PFAS Contamination Lawsuits

Individuals affected by PFAS contamination in water may seek compensation for various damages and losses related to their exposure to these harmful chemicals. The primary areas of compensation typically include:

Medical Expenses:
Compensation may cover past and future medical costs for treating health conditions associated with PFAS exposure, such as cancer, liver disease, and ulcerative colitis. This includes hospital bills, medications, specialized treatments, and ongoing care.

Lost Wages and Earning Capacity:
If PFAS-related health effects have resulted in missed work, reduced working hours, or the inability to maintain the same level of employment, individuals can claim lost wages. Compensation may also account for diminished future earning capacity if the exposure has caused long-term or permanent impacts on an individual’s ability to work.

Pain and Suffering:
Non-economic damages can be awarded for the physical pain and emotional distress caused by illnesses linked to PFAS exposure. This includes the impact on an individual’s quality of life, such as anxiety, depression, stress, and other psychological effects.

Punitive Damages:
In cases where it is proven that the responsible parties knowingly exposed individuals to PFAS without adequate warnings or preventive measures, courts may award punitive damages. These are intended to punish the wrongdoers and discourage similar behavior in the future.

Legal Costs:
Plaintiffs may also seek reimbursement for legal expenses incurred during the lawsuit, including attorney fees and court-related costs.

Each case is unique, and the compensation pursued will depend on the specific circumstances of the individual’s exposure and the severity of the damages suffered. Seeking legal guidance is essential to understand the full scope of compensation available and to effectively navigate the legal process in a PFAS contamination lawsuit.

History and Impact of PFAS Contamination in the United States

PFAS contamination in the United States spans decades, originating in the mid-20th century with the introduction of these chemicals in various industrial and consumer applications. Known as "forever chemicals" due to their resistance to heat, water, and oil, PFAS were highly valued for their versatility. They were widely used in nonstick cookware coatings, stain-resistant carpets, and firefighting foam, specifically Aqueous Film Forming Foam (AFFF).

Over time, it became evident that PFAS persist in the environment—particularly in soil and water—and accumulate in human bodies, posing potential health risks.

The extent of PFAS contamination began to emerge in the early 2000s, as studies revealed widespread contamination of water supplies across the country. A recent report by Environment America, the U.S. Public Interest Research Group (PIRG), and the Frontier Group highlights that nearly all major drinking water sources in the United States are likely contaminated with PFAS.

The sources of this contamination are often linked to industrial facilities, military bases, airports, and other sites where PFAS were extensively used or improperly disposed of. As scientific evidence about the dangers of PFAS exposure grew, public concern intensified, prompting greater scrutiny and regulatory efforts.

Despite these measures, the environmental and health repercussions of decades of PFAS use remain a significant challenge, underscoring the need for continued action and mitigation to address this enduring issue.

PFAS-Related Developments and Health Concerns

April 10, 2024:
The Biden Administration announced the “first-ever national drinking water standard” for PFAS. The Environmental Protection Agency (EPA) allocated $1 billion to address PFAS contamination in drinking water, aiming to reduce exposure for approximately 100 million people.

February 28, 2024:
The Food and Drug Administration (FDA) declared that certain “grease-proofing” PFAS would no longer be permitted in food packaging, according to CNN.

December 1, 2023:
The International Agency for Research on Cancer (IARC) Working Group classified perfluorooctanoic acid (PFOA) as carcinogenic to humans, citing sufficient evidence of cancer in animals and strong mechanistic evidence of epigenetic alterations and immunosuppression in exposed humans. Perfluorooctane sulfonic acid (PFOS) was categorized as possibly carcinogenic to humans, with strong mechanistic evidence for epigenetic changes and immunosuppression but limited evidence for cancer in animals and inadequate evidence in humans.

August 16, 2023:
A report by Environment America, the U.S. Public Interest Research Group (PIRG), and the Frontier Group concluded that PFAS are likely present in all major sources of drinking water in the United States.

July 5, 2023:
A United States Geological Survey (USGS) study revealed that at least 45% of U.S. tap water contains at least one type of PFAS. Urban areas and locations near potential contamination sources were identified as having the highest exposure risks.

Health Issues Linked to PFAS Exposure

Individuals exposed to PFAS contamination have reported serious health conditions, including:

  • Testicular cancer
  • Kidney cancer
  • Ulcerative colitis
  • Liver cancer

If you or someone you know has been diagnosed with any of these conditions following PFAS exposure, it is important to explore available legal options to seek justice and compensation.

Frequently Asked Questions About PFAS Contamination Lawsuits

If you are suffering from a health condition potentially linked to PFAS exposure, you may have numerous questions about pursuing legal action. Below, we provide answers to common inquiries about PFAS lawsuits.

Do I Qualify to File a PFAS Lawsuit?
You may qualify if you meet the following criteria:

  • Exposure: You consumed PFAS-contaminated water for at least six consecutive months after January 1, 1990.
  • Diagnosis: You were diagnosed with ulcerative colitis, kidney cancer, liver cancer, or testicular cancer after January 1, 2000.

How Can I Prove I Consumed Contaminated Water?
Several organizations, such as the Agency for Toxic Substances and Disease Registry (ATSDR) and PFAS-REACH, provide interactive maps to help determine whether your water source was contaminated.

Once exposure is established, your doctor can test PFAS levels in your blood. While these tests won’t indicate safe or unsafe levels, they can substantiate your claim.

How Do I Prove My Diagnosis?
Proving your diagnosis is typically straightforward. Medical records or a statement from your healthcare provider can serve as evidence.

Are There Regions With Elevated PFAS Levels?
Yes. PFAS exposure is most common near urban areas and sources such as airports, fire training facilities, military bases, production plants (e.g., paper mills), water treatment sites, and landfills.

Regions with notable PFAS contamination include:

  • Southern and Central California
  • The Eastern Seaboard
  • The Great Plains
  • The Great Lakes

A U.S. Geological Survey study found PFAS in at least 45% of tap water samples nationwide.

How Do PFAS Cause Cancer?
While research is ongoing, certain PFAS chemicals have been linked to cancer. For example, the International Agency for Research on Cancer (IARC) classified perfluorooctanoic acid (PFOA) as a human carcinogen in 2023 and perfluorooctane sulfonic acid (PFOS) as a possible human carcinogen.

Studies have shown associations between PFAS exposure and testicular cancer, kidney cancer, and other conditions. Elevated PFAS levels have also been linked to health risks for individuals living near contaminated sites, such as military bases or production plants.

What PFAS Are Linked to Health Conditions?
Out of approximately 12,000 types of PFAS, the following are linked to adverse health effects:

  • PFOA: Associated with kidney cancer, testicular cancer, increased cholesterol, and decreased birth weight.
  • PFOS: Linked to cholesterol increases, immune response issues, and pregnancy-related complications.
  • PFNA: Associated with higher cholesterol levels.
  • PFDA: Linked to lower vaccine antibody response and cholesterol increases.
  • PFHxS: Associated with immune response changes and liver enzyme alterations.

If exposure to any of these chemicals resulted in a serious health condition, you may be eligible for compensation.

What Is the Average Settlement for PFAS Cases?
There is no standard settlement amount, as each case is unique. Potential compensation may include:

  • Current and future medical expenses
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Mental anguish
  • Loss of quality of life or consortium

An attorney can evaluate your case and provide a better estimate of potential compensation.

Are PFAS Cases Class Actions?
No, PFAS lawsuits are mass tort cases, specifically multidistrict litigation (MDLs). Unlike class actions, MDLs treat each lawsuit as an individual case, ensuring compensation reflects the specific damages of each plaintiff. This often results in higher payouts compared to class actions.

Can I Afford a PFAS Lawyer?
Yes. Most PFAS attorneys work on a contingency-fee basis, meaning you pay no upfront costs or hourly fees. Payment is only required if you recover compensation, with the fee deducted as a percentage of your settlement.

How Long Do I Have to File a PFAS Lawsuit?
The deadline depends on your state’s statute of limitations, which can range from one to several years. Consulting an attorney promptly is crucial to ensure you file within the required timeframe. Additional deadlines may apply based on your specific circumstances.

If you or a loved one has been affected by PFAS exposure, legal action can help you seek justice and compensation. Contact a qualified attorney to discuss your options.