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Despite how widespread they have become, little was actually known about these complex chemical compounds–at least by the public–for a long time. But, within PFAS industry leader DuPont, it was apparently known that specific PFAS chemicals were toxic and should only be handled with extreme care as early as 1961. In the 1970s, its biggest competitor, the company 3M, reportedly found that PFOA and PFOS, the two most common types of PFASs, had contaminated fish in the wild. Nevertheless, PFAS manufacturers and users disposed of the compound by burying it, burning it, or dumping it into the water.
It was reportedly not until 1998 that the U.S. Environmental Protection Agency (EPA) was first alerted to the risks of PFASs. This is when the agency says it learned of a study conducted by 3M in which scientists gave pregnant rats daily doses of PFAS concentrations and then saw most of the offspring die within days. That year, the EPA was also alerted to a West Virginia cattle farmer whose animals had died mysteriously near a DuPont plant, though an EPA investigation would not find a connection between the two.
It was around this time that regulators realized that PFASs did not dissolve or disintegrate, as the bond between the carbon and fluorine is one of the strongest in all of organic chemistry. For all intents and purposes, they would essentially last in their fabricated state forever. An article in The Washington Post coined the term “forever chemicals” to describe PFASs.
Also around this time, firefighters across the globe made heavy use of AFFF in difficult fires – the type of firefighting foam that was based on a PFAS. Some of that foam would burn from the heat, releasing PFAS chemicals into the air. What remained on the ground would dissolve into the soil, with the PFASs making their way into ground water. This foam was used both for fighting live fires and for training firefighters, substantially increasing how frequently it was used, and where.
By 2000, prominent companies were scaling back their use of PFASs, claiming that it was to be “environmentally friendly” and not because they were dangerous. 3M stopped using it to make firefighting foam and its patented stain remover, Scotchgard.
Late that year, a suit against DuPont by the West Virginia cattle farmer who had lost his herd had reached the discovery phase. The presiding judge ordered the company to turn over 100,000 pages of internal documents related to medical and health reports by DuPont scientists from as early as the 1950s.
DuPont promptly settled the case for an undisclosed amount.
The lawyer for the farmer filed a report of his findings with numerous regulators, including the EPA.
Subsequent investigations found that PFASs had contaminated soil and ground water across the country.
Subsequent medical studies found that exposure to PFAS can lead to accumulating toxicity and serious health concerns and problems.
A multidistrict litigation (MDL) was filed in 2018 against 3M, DuPont, and others by firefighters who faced an increased risk of health effects from using AFFF foam. There are over 3,000 cases in the MDL, which was consolidated in federal court in the District of South Carolina.
Another MDL was filed by 300 plaintiff communities against 3M for PFAS contamination in the water. The entire litigation settled on the eve of the bellwether trial for one of the cases in the MDL for $10.3 billion. This came soon after a different MDL against three other companies behind PFAS, DuPont, Chemours, and Corteva, agreed in principle to a $1.185 billion settlement.
Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
Locations
Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
These are all in addition to the legal actions that numerous states and the federal EPA have taken over PFAS contamination. The EPA issued a regulation requiring testing for drinking water contamination and advisories about what it considered to be a safe level of PFASs in water. In April 2024, the agency finalized the National Primary Drinking Water Regulation, officially setting these maximum contaminant levels. Some states have banned many forms of PFASs and certain uses of the chemical compounds, and many others have enacted tighter drinking water standards for certain PFASs than the federal government recommended.
Finally, other cases, and some other settlements in their entirety, are for personal injury claims – victims have gotten cancer and their exposure to PFASs increased their likelihood of getting it. Because new victims are likely to appear for numerous years into the future, and due to the sizes of likely settlements, these cases may settle in a way that creates a victim fund, filled with money from the companies behind PFAS manufacture and use. After this happens, victims who have developed a covered health condition and who were exposed to PFASs to at least a stipulated extent could file a claim against the fund for compensation for their losses.
Until such a fund is created, or if one never is, claims would likely proceed in multidistrict litigation, or MDL. This is similar to a group action, but has become the preferred method for filing against the same defendant or defendants for the same course of conduct that led to numerous victims suffering the same types of losses – in this case PFAS cancer and other health conditions linked to exposure.
In an MDL, numerous victims’ cases are consolidated not in a single suit, as in a class action, but in a single courtroom for pre-trial procedures. The same judge handles these issues for all of the cases at once, including:
Throughout this process, settlement negotiations may take place. As new evidence is uncovered, it becomes clearer what a fair settlement amount (if any) would be. However, if no settlement is reached, bellwether trials will be held. One or several individual cases will be chosen from the MDL that represent the rest of the others in it. These cases are then taken through the civil trial process: A jury will be selected and empaneled, both the plaintiff and defendants will state their case, present evidence, and produce and question lay and expert witnesses so the jury can issue a verdict. The outcome ends that particular case and also sends a strong sign about how the other cases in the MDL would go, should they proceed to trial. This can drive settlement discussions to a quick resolution in some cases.
If the MDL is settled, the remaining cases get a share of the settlement amount to cover the victims’ losses.
Unfortunately, those losses are likely to be substantial, including:
Because of the severity of the health conditions caused by exposure to PFAS, the compensation that you stand to recover can be significant if you have a claim against a PFAS manufacturer.
If exposure has proven to be fatal, the victim’s family members can file a wrongful death claim to seek financial compensation for their loved one’s untimely passing.
Our highly experienced lawyers will contact you for a Free Legal Consultation.
At Loncar Lyon Jenkins, we offer free consultations to discuss your case. If you or a loved one have been exposed to PFAS and are facing serious health complications, contact our legal team as soon as possible. We will review your case, explain your legal rights and options, and determine the best course of action for seeking justice. At Loncar Lyon Jenkins, we are committed to fighting for the compensation you deserve for the harm caused by PFAS exposure.
Locations
Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
Phone: +1 214 747 0422
Fax: 214.382.5838
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