AFFF Lawsuit: Where Are We With the Personal Injury Cases?

or decades, firefighters had used Aqueous Film Forming Foams (AFFFs) to put out Class B liquid-fuel fires. The foam’s low viscosity enables it to expand quickly and cover vast expanses of land. This has been of tremendous help, given how rapidly Class B fires can spread (especially jet fuel fires). In all these years, most firefighters never gave a second thought to whether or not AFFFs could be hazardous. Sadly, concerns surrounding PFAS toxicity began circulating in the early years of this century. But it took until 2017 for the inevitable news to break out. Short for per- and polyfluoroalkyl substances, PFAS ‘forever’ remain within the soil or the human body, wreaking havoc. The US Fire Administration (USFA) states that PFAS buildup can cause at least three cancers – those of the kidneys, bladder, and testicles. Even the environmental damage from these chemicals is evident. Victims began seeking legal justice in 2017 itself. After the first wave of AFFF lawsuits, the numbers only increased in the following years. Finally, a class-action multi-district litigation (MDL) was formed in 2018. We’re currently in the third quarter of 2023, and cases are still awaiting settlements. In this article, let’s look at how far the personal injury AFFF cases have progressed in the US Federal Court of the District of South Carolina.  

Water Contamination Lawsuits: Settlements Still Pending?

According to TorHoerman Law, AFFF lawsuits can be divided into two categories. These include water contamination cases filed by local municipalities and personal injury cases filed by firefighters and military personnel. In a recent Bellwether trial, a water contamination lawsuit, City of Stuart vs. 3M et al, was chosen. Despite 3M’s several attempts to win the trial in its favor, the judge overruled them all. Finally, 3M (the case’s biggest defendant) and the plaintiff committee filed a joint delay motion on June 4th 2023. The delay was granted because both parties stated that they were on the path to reaching negotiations. Had they failed to do so, another Bellwether trial would have been scheduled. Finally, the following month (July), 3M agreed to settle all AFFF water contamination lawsuits with a massive sum of $10.3 billion. This amount would be paid out over 13 years for PFAS testing and remediation. With such good news, plaintiffs of the personal injury AFFF foam lawsuit were hopeful of a Bellwether trial. Though the same was expected to be scheduled sometime in Q4 of 2023, it looks a bit unlikely now. This is because certain water contamination cases were not included in the previous trial’s settlements. These cases involved contamination through Telomere-based AFFFs. This is another type of firefighting foam considered to have comparatively lower levels of PFAS. In the first week of September, Judge Gergel issued a case management order to schedule the Telomere-based AFFF lawsuits’ Bellwether trial.

 

How Can Choosing the Right San Francisco Injury Lawyer Impact My AFFF Lawsuit?

Choosing the right San Francisco injury lawyer can significantly impact your AFFF lawsuit. Their expertise in handling similar cases ensures you navigate complex legalities effectively. By finding expert injury attorneys, you can bolster your case, enhancing the chances of securing the compensation you deserve for your damages and suffering.

Anticipated Bellwether Trials and Victims on Borrowed Time 

It is certainly no matter of rejoicing to know that the second water contamination Bellwether trial is scheduled for August 2024. This naturally means that the personal injury case settlements will be dragged further down towards the end of next year. The most concerning part of all of this is the severity of some victim’s injuries and their natural age. Just over a month ago (in August 2023), there was an unfortunate case of demise. The plaintiff belonged to Alabama and had developed cancer as a result of prolonged exposure to AFFF. They succumbed to their injuries and did not live to receive justice. After the tragic incident, Judge Gergel passed the unopposed motion in favor of the plaintiff’s daughter. She is the one currently fighting the case, which has turned from a personal injury to a wrongful death lawsuit. This is just one example. There is no telling about the number of sad deaths that may occur until next year. Not to mention that plaintiffs and their lawyers still have no definite date for personal injury lawsuits’ Bellwether trial.  

Judge Gregel’s Schedule Takes an Unwelcome Turn

Like they say, just when you feel like nothing else could go wrong, it suddenly does. It turns out that Judge Gergel has had more on his plate than piling numbers of AFFF lawsuits. He recently presided over a verdict regarding the Alex Murdaugh case, a brutal one indeed. The defendant was a former attorney in the district court of South Carolina. Back in March 2023, Murdaugh was found to be guilty of murdering his wife and son. In light of his fall from grace, Alex received two life sentences, without the possibility of parole. In the latest hearing, Murdaugh pleaded guilty to additional charges involving money laundering and Federal fraud. The defendant not only exploited his personal injury clients but laundered over $7 million. He pleaded guilty to 22 charges in total, including bank fraud, wire fraud, and money laundering. Even his financial crimes were so brazen that he would have received life without parole for these alone. Given the case’s backstory, this must have been a lot for Judge Gergel to deal with. AFFF lawsuit attorneys are hoping that his next agenda would be sealing a tight schedule for personal injury cases.  

Final Thoughts

The settlement amounts for personal injury plaintiffs will be distributed based on a tier system. It is believed that those belonging to the top tier would receive anywhere between $200,000 and $500,000. The next tier would be eligible for $150,000 to $300,000. As for the low or final tier, plaintiffs would receive $75,000 or less. The individual settlement amounts will depend upon factors like severity of physical and mental injuries, loss of wages, suffering, etc. As for the timeline, things are still uncertain. The plaintiff committee hopes Judge Gergel would at least reveal a fixed Bellwether trial date this year. Only as the months progress will matters become more concrete.