Toxic Firefighter Foam Contaminated Drinking Water, Caused Testicular Cancer: Lawsuit

Growing concerns about toxic chemicals used in aqueous film-forming foam (AFFF) seeping into local water supplies and potentially exposing residents to an increased risk of cancer have sparked a wave of lawsuits against the chemical companies responsible for manufacturing these dangerous products, with victims seeking justice and compensation for the harm done to their health and communities. One recent lawsuit was filed in the U.S. District Court for the District of South Carolina on July 12, joining more than 9,000 other firefighter foam lawsuits brought against chemical companies and AFFF manufacturers like 3M Company, Dupont, the Chemours Company, and others.

The Rise of AFFF and the Emergence of “Forever Chemicals”

Firefighting foam, also known as aqueous film-forming foam (AFFF), has been a staple in the industry for over a century, used extensively by the U.S. military, airports, and local fire departments to combat fuel-based fires. These synthetic foams contain a class of man-made chemicals called per- and polyfluoroalkyl substances (PFAS), including the notorious compounds perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA).

Touted for their unparalleled fire-extinguishing capabilities, AFFF products quickly gained widespread popularity across the U.S. However, the very properties that made them effective are also the reason they are so potentially dangerous. PFAS are highly persistent, meaning they do not break down easily in the environment or the human body. This has earned them the moniker “forever chemicals,” as they can accumulate over time, wreaking havoc on ecosystems and human health.

The Toxic Legacy of Firefighter Foam in the U.S.

As the use of AFFF became ubiquitous across the U.S., the environmental and health consequences began to emerge. These “forever chemicals” have leached into the ground, contaminating groundwater and seeping into public and private water supplies. Residents living near military bases, airports, and firefighting training facilities found themselves unknowingly exposed to these toxic substances, many with devastating results. Chemical companies and firefighter foam manufacturers now face thousands of lawsuits alleging cancer diagnoses and other illnesses caused by exposure to toxic chemicals in drinking water contaminated by firefighter foam.

Testicular Cancer and Other Devastating Diagnoses

One such AFFF cancer lawsuit was filed earlier this month by Aaron and Nicole Adkins, an Ohio couple pursuing a claim in the U.S. District Court for the District of South Carolina, alleging that the PFAS-laden AFFF used in their area caused Aaron to develop testicular cancer. After years of consuming contaminated water, Aaron underwent a painful orchiectomy, the surgical removal of one or both testicles, as part of his cancer treatment.

Sadly, the Adkins’ situation is not an isolated incident. Across the country, communities affected by AFFF water contamination have reported alarming spikes in various types of cancer, including testicular, kidney, bladder, and prostate cancer, as well as other serious health issues such as thyroid disease and ulcerative colitis. According to the EPA website, “Current peer-reviewed scientific studies have shown that exposure to certain levels of PFAS may lead to:

• Reproductive effects such as decreased fertility or increased high blood pressure in pregnant women.
• Developmental effects or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes.
• Increased risk of some cancers, including prostate, kidney, and testicular cancers.
• Reduced ability of the body’s immune system to fight infections, including reduced vaccine response.
• Interference with the body’s natural hormones.Increased cholesterol levels and/or risk of obesity.”

Holding Chemical Companies Accountable

As the scale of the AFFF crisis has become increasingly apparent, a growing number of lawsuits have been filed against the chemical companies responsible for producing and marketing these toxic firefighting foams. Plaintiffs allege that these manufacturers knew or should have known about the health risks posed by PFAS, yet they continued to sell their products, failing to adequately warn consumers about the dangers.

The Consolidation of AFFF Claims into Multidistrict Litigation (MDL)

In August 2019, over 100 AFFF-related lawsuits were consolidated into multidistrict litigation (MDL) in the U.S. District Court for the District of South Carolina. This MDL, which has since grown to encompass more than 9,000 claims, allows for the efficient management of the complex and expansive litigation, with the goal of reaching settlements or trial verdicts that can provide relief to the affected individuals and communities.

The plaintiffs in these AFFF lawsuits are seeking a range of damages, including compensation for medical expenses, lost wages, and the emotional distress caused by their diagnoses. They are also demanding that the chemical companies responsible for the contamination bear the cost of remediating the affected areas and provide ongoing medical monitoring for those exposed to the toxic chemicals.