AFFF Lawsuit FAQ: Is There an AFFF Class Action Lawsuit?

Firefighting Foam Lawsuits Consolidated Into the AFFF Firefighting Foam MDL

As concerns have grown over the potential health risks associated with AFFF and PFAS exposure, numerous lawsuits were filed across the United States against AFFF manufacturers.

In response to the increasing number of claims, these lawsuits were consolidated into multidistrict litigation, known as the AFFF MDL.

The AFFF Firefighting Foam MDL is consolidated in the US District Court for the District of South Carolina.

MDLs are a practical solution when dealing with cases that allege largely the same thing, streamlining the legal process and providing consistent decisions and a more efficient resolution for plaintiffs and defendants.

The AFFF MDL aims to tackle the adverse health effects of PFAS exposure.

Is There a Class Action Lawsuit for AFFF Firefighting Foam?

No, there is not a class action lawsuit for injuries and health problems related to AFFF exposure.

Lawsuits from individuals suffering from AFFF foam related health problems and cancer are consolidated into multidistrict litigation (MDL).

The most common misconception regarding the AFFF MDL is that it’s synonymous with AFFF class action lawsuits.

However, these are two separate legal actions filed for entirely different reasons.

Class action lawsuits have been filed against manufacturers of AFFF products by municipalities and other public agencies for PFAS contamination in public waterways.

PFAS are highly persistent in the environment and can seep into the soil or contaminate the water source, which happened in the City of Stuart v. 3M Co.

This class action lawsuit filed by the City of Stuart claimed that the 3M company defiled the city’s water source with toxic PFAS and PFOA chemicals.

The aforementioned company settled for a confidential amount to put the case to rest.

What Is a Multidistrict Litigation (MDL)?

Multidistrict litigation (MDL) is a legal process allowing similar lawsuits from different federal districts to be consolidated before a judge for pretrial proceedings.

It is important to note that MDLs are not intended to merge individual cases into a class action lawsuit but to handle pretrial matters more efficiently.

The goal is to avoid duplicative discovery and inconsistent rulings, promoting a fair and just resolution for all parties involved.

This is often observed in product liability cases where synonymous reports are filed against one or more related companies.

What’s the Difference Between MDL and Class Action Lawsuits?

MDLs and class action lawsuits are often confused, but they are fundamentally different legal processes.

Several advertisements for the AFFF Lawsuit falsely refer to the litigation as the “AFFF class action MDL”, “AFFF class action lawsuit”, and more.

These terms are incorrect.

In a class action lawsuit, a group of individuals with similar claims comes together to sue a defendant or a group of defendants collectively.

Conversely, an MDL consolidates similar cases for pretrial proceedings while preserving the individuality of each case.

Unlike class actions, where a single judgment binds all plaintiffs, MDL plaintiffs retain the autonomy to pursue their claims independently.

The key differentiator here is the number of plaintiffs present in the case.

In MDLs, the number of plaintiffs remains the same despite being consolidated into an MDL.

In class action lawsuits, all victims are grouped into one and essentially become a singular plaintiff.

The differences between these two types of litigation is also visible in the way a settlement is distributed:

• MDLs distribute settlements on a case-by-case basis, ensuring that each plaintiff is compensated according to the facts of their individual case and the damages claimed.
• Class actions divide a large settlement evenly among all plaintiffs: regardless of how a plaintiff may have suffered individually, every plaintiff will receive the same amount of compensation.

How Does MDL Work?

Understanding the inner workings of the MDL process is essential to comprehend how AFFF lawsuits are being handled.

Listed below are the key concepts involved.

Filling of Numerous Related Lawsuits

Before an MDL could arise, a crucial factor must be present — multiple lawsuit filings of similar lawsuits.

In our case, there must be a surge of AFFF lawsuits, all bringing forth similar complaints (i.e., the severe health effects of PFAS exposure.)

Due to the similar nature of the claims, firefighting foam attorneys might urge the Judicial Panel on Multidistrict Litigation (JPML) to centralize these cases to streamline the proceedings.

Consolidating Similar Cases in an MDL

If the JPML approves the motion to consolidate, they will select a single federal court where all related lawsuits will be transferred for pretrial proceedings.

This court and judge will oversee the MDL, promoting efficiency and consistency in handling the cases.

Convenience to plaintiffs is often one of the essential factors the panel considers when choosing an MDL court.

Creating Order Within the MDL Parties

Upon consolidation, the MDL court appoints a leadership structure called the steering committee to organize the legal process for plaintiffs and defendants.

In most cases, the defendant’s party selects its own steering committee.

The plaintiff’s steering committee will oversee the legal strategy, prepare the plaintiffs, and streamline the legal process.

The plaintiffs will still retain their legal representatives.

The steering committee is only to provide structure.

The Bellwether Trial

To gauge the strengths and weaknesses of the claims, a small number of representative cases, known as bellwether trials, are chosen to proceed to trial.

These trials help the parties assess the potential outcomes and may shape the settlement outcome.

Receiving Mass MDL Settlements

If the bellwether trials result in favorable outcomes for the plaintiffs, it often encourages the defendants to consider settlement.

Mass settlements may be reached to provide compensation to all eligible plaintiffs within the MDL.

In this situation, the settlement is divided among members of the MDL according to the facts and damages in each individual case.

What Happens When You File an AFFF Firefighting Foam Lawsuit?

If you were exposed to AFFF firefighting foam and subsequently developed cancer or other health problems, you may be eligible to file an AFFF Lawsuit.

Filing an AFFF lawsuit involves the following steps.

• Consultation with an attorney: Seek legal advice from an experienced attorney specializing in AFFF lawsuits. They will evaluate your case and guide you through the process.
• Complaint filing: Your attorney will file a complaint on your behalf, outlining the details of your claim and the damages you seek.
• MDL consolidation: If your lawsuit is deemed similar to others, it may be transferred to the AFFF MDL for pretrial proceedings.
• Discovery and settlement negotiations: The discovery phase involves exchanging information between parties, while settlement negotiations may occur at any stage, including before or after bellwether trials.
• Trial or settlement: Depending on the circumstances, your case may proceed to trial, or a settlement may be reached to provide compensation for your damages.

AFFF Lawsuit Overview

The increasing number of AFFF firefighting foam lawsuits is linked to its detrimental health effects.

AFFF and PFAS chemicals have been found to cause or aggravate various illnesses, including cancer, reproductive issues, and immune system disorders.

Gathering medical records and documentation to support your claim is vital if you believe you’re qualified for a case.

This evidence will help establish the link between your health issues and AFFF and PFAS chemicals exposure.

Each state has specific time limits within which a lawsuit must be filed.

It’s important to consult an attorney promptly to ensure compliance with the applicable statute of limitations.

What Are the Illnesses Related to AFFF and PFAS?

Exposure to AFFF and PFAS chemicals has been associated with various illnesses.

Some of the most commonly reported cancers related to AFFF exposure include:

• Kidney cancer
• Testicular cancer
• Prostate cancer
• Breast cancer
• Leukemia
• Lymphoma
• Thyroid disease
• Liver damage
• Reproductive issues
• Immune system disorders

If you have been exposed to AFFF and experienced any symptoms or illnesses associated with PFAS contamination, seek medical attention and consult with an attorney to understand your legal options.

What Damages Can You Recover in an AFFF Lawsuit?

The damages you may be eligible to recover in AFFF firefighting foam cancer lawsuits can vary based on the specifics of your case.

Generally, compensatory damages aim to provide financial recovery for:

• Medical expenses: This involves present and future medical treatment needed to manage your diagnosis.
• Lost wages and future earning capacity: If your disease progresses drastically, you might have to let go of your work to focus on your recovery.
• Pain and suffering: This compensation aims to alleviate the emotional damages and stress of the diagnosis you received from the AFFF exposure.
• Loss of consortium (for spouses): If you lost your spouse from an illness brought on by AFFF exposure, you might claim compensation for their death.

An experienced attorney will assess your damages and work to maximize the compensation you receive.

How Can Experienced Firefighting Foam Lawyers Help You?

If you have been affected by AFFF and PFAS contamination, our team of experienced firefighting foam cancer lawyers is here to help.

We understand the complexities of AFFF lawsuits and will guide you through the legal process, advocating for your rights and fighting for the compensation you deserve.

We have extensive experience helping AFFF victims navigate the MDL consolidation process and ensuring they claim compensation for their damages.

Our AFFF Lawyers are sensitive to the needs of victims and understand the severity of the issues at hand.

We will work with you to understand your story, protect your best interests, and seek maximum compensation for what you’ve experienced.

TorHoerman Law: Your Firefighting Foam Lawyers

Lawsuits are being filed against negligent AFFF manufacturers for putting public health at risk.

People who were exposed to AFFF firefighting foam during military service or at work have developed cancer and other serious health problems, and they have waited for justice for far too long.

If you or a loved one were exposed to AFFF firefighting foam and subsequently developed cancer or other serious health problems, you may be eligible to file an AFFF Lawsuit and seek financial compensation.

Contact us today to schedule your free case consultation.

You can also use our chatbot for an instant and free case evaluation.

Our dedicated and experienced firefighting foam lawyers are ready to listen to your story, evaluate your claim, and guide you toward the best course of action.

TorHoerman Law: Your AFFF Lawyers.