Understanding AFFF Litigation and Its Impact

The Aqueous Film-Forming Foam (AFFF) litigation is currently being overseen by Judge Richard Gergel in the United States District Court of South Carolina. This case has garnered significant attention due to the serious health concerns associated with exposure to AFFF. AFFF is commonly used in firefighting and has been linked to potential health risks, prompting legal action and scrutiny.

 

What is AFFF Used For?

Aqueous Film Forming Foam is a specialized firefighting foam commonly utilized by the military and airports to combat flammable liquid fires. One of the key components of AFFF is PFAS (per- and polyfluoroalkyl substances), which are synthetic chemicals with a reputation for persisting in both the environment and the human body. Due to their resistance to breaking down, PFAS can build up over time, posing potential health hazards.

 

Health Risks Linked to PFAS

Exposure to PFAS has been linked to several health issues, including:

• Kidney cancer
• Testicular cancer
• Hypothyroidism/thyroid disease
• Ulcerative colitis
• Liver cancer
• Thyroid cancer

These conditions are currently recognized as “presumptive injuries” in the AFFF litigation.

 

Legal Developments

Plaintiffs who filed complaints alleging non-presumptive injuries were ordered to dismiss their claims without prejudice by August 22, 2024. This is per the second amended Case Management Order (CMO) No. 28. However, due to the large number of plaintiffs who still need to dismiss their claims, the court extended the dismissal time period to September 10, 2024.  The extension to file dismissals is found in CMO 28A. All other dates and provisions of the second amended CMO 28 remain in effect.

 

National Attention and Military Use

The military’s use of AFFF has been closely examined, especially after a report in July 2024 by the Government Accountability Office. This report was required by a law passed in 2020, and it looked at how the Department of Defense is trying to find safer options instead of AFFF. It also highlighted the challenges faced in discontinuing AFFF use at certain places.

 

Why Does This Matter?

Understanding the implications of AFFF and PFAS is essential for public health and safety. Ongoing legal action and national initiatives to find safer alternatives emphasize the importance of addressing these environmental and health concerns.