AFFF, also called aqueous film-forming foam, is used for extinguishing liquid fuel flames. It has been in use since the 1960s for controlling dangerous fires. However, because of PFAS that it contains, the foam can cause a host of health issues in firefighters and others exposed to it.
Affected individuals and families have filed lawsuits against AFFF manufacturers, namely Chemours, DuPont, and 3M. The injuries mentioned in the lawsuits comprise kidney, bladder, breast, testicular cancer, ulcerative colitis, kidney cysts, and many others.
The lawsuits mentioned that manufacturers were aware of the presence of PFAS chemicals in the foam, but they didn’t inform the public about it. Recently, the court has outlined the procedure for dismissing injuries because of AFFF exposure that isn’t covered by bellwether trials. This is what the article will focus on, as well as how to file a lawsuit.
The New AFFF Lawsuit Process
In March 2024, AboutLawsuits.com reported that the U.S. District Judge, looking over the AFFF legal complaints filed in federal courts nationwide, declared a new process. It enabled plaintiffs to pursue an AFFF foam lawsuit for injuries not covered by Bellwether’s expert discovery to terminate their lawsuit without any prejudice. It provides them with the chance to refile their case within four years.
Plaintiffs reported that AFFF exposure resulted in multiple types of cancer, such as thyroid cancer, and other severe injuries. Hence, it is natural for them to seek compensation to cover the losses and sufferings they’ve undergone.
Dismissals for Voluntary AFFF Exposure Lawsuits
It was only last year that Judge Gergel came up with a bellwether process. Here, a lineup of six AFFF exposure lawsuits was said to be arranged for trial, moving through a case-related discovery and pretrial procedure. The early bellwether pool was said to comprise claims by plaintiffs who have been diagnosed with:
- Thyroid disease
- Testicular cancer
- Ulcerative colitis
- Kidney cancer
Additionally, the court had also urged the parties to present a plan for a second lineup of five bellwether trials. This will address other injuries that the plaintiffs’ leadership thinks have a link with AFFF exposure. The plaintiff’s lawyers had recognized a series of injuries they felt could go to a trial. It includes:
- Thyroid cancer
- Liver cancer
The injury selection list will leave out several claims that have other diseases out of the bellwether process. Even the plaintiff’s leadership cannot offer ample assistance to enable the claims to be presented before the jury. Hence, every plaintiff must prove that they have adequate evidence about their injuries caused by AFFF exposure.
However, they should also be prepared because their claims can be dismissed and not allow them to secure their legal compensation.
Another Order by Judge Gergel
Even though the science concerning AFFF exposure injuries is changing, Judge Gergel has issued another order. It stated that the AFFF lawsuits might be voluntarily dismissed by August 22. Additionally, the manufacturers have decided to toll the statute of limitations in certain cases for almost four years. Hence, plaintiffs have a chance to refile their complaint when they are ready to share a report of their AFFF injury with the experts. This, however, has to be done within 240 days of getting their claim back.
The court shared that it is aware of the fact that several plaintiffs have a chance to seek dismissal without prejudice. Hence, to manage this mass claim dismissal, Judge Gergel came up with one more case management order on May 28. This case management order outlined the steps that need to be implemented.
The plaintiffs’ lawyers will have a chance to file one notice of voluntary dismissal listing 25 member cases, for entirely dismissing the complaints. Hence, to dismiss single parties from complaints, one filing can add 50 plaintiffs from 25 varied member cases. However, if the dismissal applies to specific claims in the complaint, the lawyer can file a single notice. This notice dismisses the claims for 50 plaintiffs from 25 member cases.
The new order also comprises guidelines on how to implement the dismissal and offers templates that the plaintiff’s lawyer can use.
Working With a Lawyer
Keeping in mind this recent change, should you file a legal complaint if you’ve been affected by AFFF exposure? The answer is yes. TruLaw states that it’s important to talk to a lawyer and share your case history. Since they are aware of the legal changes and developments related to AFFF lawsuits, they will offer you the right guidance.
Once they study your case, they can let you know if you are eligible for a lawsuit.
You must submit the evidence to your lawyer so that they can check if you need any other input. They will use the details you provide them to build a solid case and ensure that you receive fair compensation. Considering the ongoing AFFF lawsuit changes, they will let you know the settlement payout you are likely to get.
In conclusion, firefighters, industry workers, and others affected by AFFF exposure have suffered immensely from chronic ailments. They must file a lawsuit and seek compensation to cover the economic and non-economic damages. Keeping in mind the current changes in the firefighting foam lawsuit, plaintiffs should seek legal aid and file their complaint.
