In 2017, a group of firefighters filed a lawsuit against companies like 3M, DuPont, and Kidde Fenwal. They were suffering from life-threatening conditions like cancer of the bladder, kidneys, and testicles.
The AFFF lawsuit was consolidated into a class-action multi-district litigation (MDL) in 2018. The purpose of this consolidation, generally, is to make complex cases more manageable. Today, it’s been seven years since this litigation started across Federal courts.
It appears that the verdict lies in favor of the plaintiffs as settlements have been made. However, defendant companies are filing for bankruptcy due to a massive drain of resources. In this article, we will discuss the AFFF litigation in detail to understand how it has brought defendants to the verge of insolvency.
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What is the AFFF Lawsuit All About?
AFFF is an acronym for Aqueous Film Forming Foam, a firefighting foam used to quench fires caused by jet fuel and other liquid fuels. It is manufactured using chemicals called per- and polyfluoroalkyl substances (PFAS). PFAS are a group of over 12,000 highly toxic synthetic chemicals.
They have an almost inseparable carbon-fluorine bond that makes them challenging to break down. The most widely studied chemicals from the group have already been called human carcinogens. This explains why firefighters developed diseases like cancer.
The main manufacturer of PFAS has been 3M since these chemicals became widely popular in the 1940s. They were used to create non-stick coatings on cookware and stain-resistant carpets. Even in firefighting foam, the main purpose for using PFAS is their resistance to grease, oil, and water.
According to TorHoerman Law, personal injury lawsuits filed by firefighters form only one-half of the AFFF litigation. Even municipalities have sued PFAS manufacturers for water contamination. The Environmental Protection Agency (EPA) still has 180 Superfund Sites polluted by PFAS to clean up.
How Many Settlements Have Been Made?
Up until 2023, the AFFF lawsuit was progressing rather slowly. The plaintiffs were frustrated since many feared succumbing to their injuries before receiving the justice they deserved. Towards the second half of 2023, some significant progress was made.
The court had first taken up all water contamination cases for Bellwether trials. The City of Stuart’s water contamination lawsuit was chosen to go up against 3M Co. et al. Initially, the defendants made several attempts to win the case in their favor, albeit in vain.
Finally, 3M made a private agreement to pay $10.3 billion for all water contamination cases over 13 years’ duration. The money would be dedicated toward PFAS detection and removal. After the agreement was made in June 2023, AFFF lawsuit settlement amounts for individual water contamination cases became clear.
At this point, the plaintiff’s counsel was eagerly anticipating trials for personal injury cases. Sadly, the court wanted another class of water contamination cases to be settled first. This included all lawsuits filed under Telomere-based AFFF. It was a type of firefighting foam that involved 30 to 50% less PFAS in its manufacturing.
As attorneys started preparing for another session of water contamination case trials, some progress was made even in the personal injury litigation. The court was willing to consider lawsuits filed due to PFAS traces found in firefighting gear. Hopefully, trials will begin soon so that settlements can be made by the end of 2025.
Defendants File for Bankruptcy
We just mentioned that 3M as the primary defendant in the AFFF lawsuit agreed to pay $10.3 billion for the water contamination case settlement. Kidde Fenwal, another defendant listed in the AFFF litigation, has nearly 4,000 lawsuits to be settled.
The company is involved in fire protection and suppression and has had to pay $6 million in 2023 alone. It currently has a trial coming up in June 2024. The total listed assets of the company amount to $318 million.
In light of the growing pressures of defeat, Kidde Fenwal has filed for Chapter 11 bankruptcy. It is a form of reorganization bankruptcy under which a company may remain in operation while trying to reorganize its debts.
Even 3M is facing immense financial struggles due to litigation settlements. Besides the AFFF lawsuit, the company has had to settle earplug cases. Its subsidiary, Aearo Technologies, filed for Chapter 11 bankruptcy which was rejected in 2023. Currently, 3M’s stocks are experiencing a free fall (down by 15%).
Defendants of the AFFF lawsuit are trying to get themselves back on their feet using strategic business plans. Though still behind in the market, 3M is expected to bounce back with promising Q4 profits in 2023. As for Kidde Fenwal, if the company’s bankruptcy filing is accepted, it will stay in business and may be able to borrow new money. As for the lawsuits, the ones already filed will stay whilst no new cases will be accepted. Only time will tell whether all lawsuits will be discharged or the court will allow them to proceed based on liquidation of the bankruptcy estate.
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