PFAS (per- and polyfluoroalkyl substances) lawsuits continue to grow, with multiple significant developments in 2024. These lawsuits primarily target major companies like 3M, DuPont, and Chemours, which have been accused of polluting drinking water and causing severe health issues, including cancer.

November 2024 Update

PFAS litigation is gaining momentum, with lawsuits continuing to be filed over water contamination and health risks associated with these “forever chemicals.” Recent developments include the Department of Defense prioritizing PFAS cleanup at hundreds of military sites following stricter EPA drinking water standards, and a lawsuit notification against W.L. Gore & Associates for alleged groundwater contamination in Maryland. Legal experts predict the PFAS litigation will expand as more companies come under scrutiny for their use of these toxic chemicals. In June 2024, 3M agreed to $10.3 billion settlement for contaminating public water supplies.

PFAS Water Contamination Lawsuit News

You May Be Eligible for PFAS Lawsuit

Recent studies link exposure to PFAS and the development of significant health complications, including cancer. Also, internal documents show that the manufacturers of these chemicals knew of their dangers but did not adequately warn the public. As a result, several class-action lawsuits against the primary manufacturers of PFAS have been filed, mostly from local municipalities, states, and even individuals.

Many Americans have been in contact with PFAS, but some experienced more exposure than others. Individuals are filing lawsuits to help pay for medical costs, and governments are suing to pay for the environmental cleanup. If you suffered exposure to PFAS because of where you live or work, you may be eligible to join one of the current class-action lawsuits. Call our legal advisors today in all 50 states at 855-625-7778 or complete the form if you’d like a call back.

What are forever chemicals?

Forever chemicals is an umbrella term for PFAS, a group of about 12,000 different substances that do not break down over time in the environment or our bodies. Most substances will degrade over time and in the right conditions, however PFAS are an exception. This is due to their strong heat, water, and grease resistance. This strong resistance makes them useful in various products but also dangerous to our health.

The strong resistance comes from the molecules that make up PFAS. PFAS molecules consist of carbon and fluorine atoms linked together in a chain. Carbon-fluorine bonds are some of the strongest possible in nature, preventing PFAS from degrading easily.

What are PFAS found in?

Many products, such as toilet paper, food packaging, clothing, cosmetics, and fire suppression materials, contain PFAS. Since these chemicals appear in many forms, it has become easier for them to enter our bodies. For example, someone may accidentally ingest or inhale a cosmetic product containing PFAS. It is also common for PFAS to find their way into nearby water systems when used in fire suppression, allowing them to enter our bodies when we drink water.

PFAS exposure is so widespread that one report from the Centers for Disease Control and Prevention stated that 97% of Americans had PFAS in their blood. However, as many manufacturers have stopped using PFAS in their products since the early 2000s, PFAS levels in the blood are likely lower today. In addition, while many products may still contain PFAS, people typically need significant exposure before they develop negative consequences.

Is there a PFAS lawsuit?

There are currently many lawsuits involving PFAS exposure. The manufacturing company 3M currently faces about 4,000 cases, many coming from state and local governments. DuPont, and its spinoffs Chemours and Corteva, face another 15,000 claims nationwide. One lawsuit against 3M is underway, having begun on June 5 in a Charleston, South Carolina, Federal Court. The plaintiff in this trial is Stuart, Florida, which is suing 3M over the PFAS-containing firefighting foam that firefighters across the United States use. The plaintiff alleges that 3M failed to properly warn about the risks of PFAS exposure.

In this case alone, the plaintiffs seek $105 million to cover the cleanup costs and up to $500 million in punitive damage. However, this is just the beginning of 3M’s potential financial liability. According to some estimates, 3M could face up to $142.7 billion in cleanup costs across the United States. This does not include any personal injury settlements or verdicts, which could significantly raise the financial cost for 3M. When taken altogether, some estimates suggest that companies such as 3M and Dupont could pay more than the $200 billion paid by Big Tobacco in the 1990s.

This follows previous decisions in PFAS lawsuits. In 2018, 3M agreed to pay an $850 million settlement in Minnesota following claims that PFAS chemicals damaged drinking water and other natural resources. More recently, 3M and DuPont agreed to pay another $100 million to end a PFAS lawsuit in Georgia. In total, PFAS companies have paid more than $11.5 billion in damages for PFAS contamination.

PFAS Lawsuit Updates

A reason for the growing number of PFAS lawsuits is the emergence of studies that link PFAS exposure to cancer and other health complications. In addition, internal documents from 3M and DuPont show that these companies knew the risks of PFAS exposure to humans as early as 1961. One study from DuPont in 1970 stated that PFAS could be “highly toxic when inhaled and moderately toxic when ingested.” Since then, there has been growing evidence of the link between PFAS exposure and significant health complications. Below are just a few of the more recent studies on this topic:

Exposure to perfluoroalkyl substances and risk of hepatocellular carcinoma (HCC) in a multiethnic cohort

In this first study, published in August 2022, researchers looked at 50 cases of HCC, also known as liver cancer. Within these cases, the researchers examined the levels of PFOS, which is one of the most common types of PFAS. Their analysis concluded that “exposure to high PFOS levels was associated with increased risk of non-viral HCC.” In addition, people in the 90th percentile for PFOS levels in their blood were 4.5 times more likely to develop HCC. The researchers suggest this is due to the high PFOS levels altering amino acid, glucose, and bile acid metabolism.

Toward a mechanistic understanding of poly- and perfluoroalkylated substances and cancer

This next study focused on organizing and interpreting the available literature on PFAS exposure and cancer. After combing through numerous studies, the researchers concluded, “Exposure to PFAS may have adverse, cancer-related health effects.” However, they also caution that “data from animal models and epidemiology studies are not entirely consistent or conclusive.” The researchers also propose a few reasons why PFAS exposure may lead to cancer, including metabolic disruption, effects on endocrine homeostasis, and “hormone-mediated modulations of both the epigenome and the metabolome.”

PFAS and cancer, a scoping review of the epidemiologic evidence

Finally, a third study also aimed to critically review the existing evidence related to PFAS and cancer. To do this, the researchers looked at 16 cohort studies, 10 case-control studies, one cross-section study, and one ecologic study. They found that “cancer sites with the most evidence of an association with PFAS are testicular and kidney cancer.” However, the researchers caution that “the evidence for an association between cancer and PFAS remains sparse.” They conclude that long-term follow-up of large cohort studies will provide more helpful information on the relationship between PFAS and cancer.

PFAS Lawsuit Settlements

There have already been a few settlements in PFAS lawsuits, with more verdicts likely to come. The first big case came in early June 2023, when DuPont, Chemours, and Corteva reached a $1.18 billion agreement with 300 local water systems. These local municipalities sued for damages to cover the costs of cleaning and filtering their wells and aquifers. A few weeks after that decision, 3M reached an even larger arrangement with 300 different water suppliers. This was for $10.3 billion and also sought to provide financial compensation for cleanup and water filtering costs.

However, these combined 600 cases account for only a small fraction of the more than 15,000 claims within multidistrict litigation. In addition, they represent a small portion of the 148,000 public water systems across the country that could also file lawsuits. Finally, individuals may wish to file a lawsuit if they have developed an illness as a result of PFAS contamination or exposure.

Do You Qualify for a PFAS lawsuit?

As there are many pending lawsuits concerning PFAS exposure, there are several eligibility criteria. For example, a current class-action lawsuit against 3M includes 300 water systems nationwide. The local governments overseeing these water systems allege that 3M failed to disclose the dangers of PFAS in the environment. A public water system is eligible for this lawsuit if it serves more than 25 people and if there are levels of PFAS within it. It is estimated that there are thousands of such water systems across the country.

In addition to local governments, individuals are also filing PFAS lawsuits. Individuals might be eligible for a lawsuit if they had significant exposure to PFAS, either through product usage or employment. For example, some military service members experienced significant PFAS exposure after frequently using aqueous film-forming foam for firefighting during an extended period.

If you believe you were exposed to PFAS and suffered negative health consequences, you may be eligible for a lawsuit. Three criteria to help determine eligibility are:

  • Testing positive for PFAS compounds in the last three years.
  • Experiencing negative health effects.
  • Working in any of the following areas: airport, military, firefighting, landfill, or manufacturing facility.

Individuals can find a lawyer to learn more about potential eligibility for a PFAS class-action lawsuit. A lawyer can review the specifics of the situation and help determine eligibility.

Manufacturers and brands involved in PFAS lawsuits

There are several manufacturers and brands involved in the latest PFAS lawsuits. The primary defendants are 3M, DuPont, Chemours, and Corteva. These four manufacturers have paid almost $11.5 billion in damages related to PFAS contamination. These lawsuits largely came from producing aqueous film-forming foam, a fire suppressant chemical containing a large amount of PFAS. When used to suppress fires, it can contaminate the local environment, including the drinking water, and harm those using it.

PFAS Lawsuit Timeline

2024

September

  • 20th – One of the largest recorded accidental spills of PFAS-based firefighting foam occurred in Maine, releasing 51,000 gallons. State officials were slow to alert the public and resisted testing private drinking wells, raising concerns over potential widespread contamination.
  • 13th – PFAS contamination made national headlines. In Maine, officials were accused of covering up a major spill at a former Navy base, while in North Carolina, the largest landfill owner agreed to implement measures to prevent further contamination. In California, the nation’s largest PFAS water treatment plant showed promising results despite the high financial cost.
  • 6th – The New York Times published an in-depth article on the effects of PFAS contamination, particularly on human and livestock exposure. The ongoing PFAS multidistrict litigation (MDL) is expected to become one of the largest in U.S. legal history.

August

  • 30th – PFAS were reported to be present in a wide range of environments, from crops to water supplies. Despite claims by defense lawyers that strong defenses exist, many lawsuits have resulted in significant settlements, and federal acknowledgment of PFAS victims’ rights continues.
  • 23rd – The PFAS legal process remained complex, with multiple classes and phases of claims. Lawyers emphasized the decades of manufacturer knowledge regarding PFAS dangers, urging plaintiffs to continue pursuing their cases.
  • 16th – A USA Today report linked PFAS contamination to airports, utilities, and military bases as frequent sources in drinking water contamination. This development could shift some legal focus to non-manufacturer entities.
  • 9th – 3M defense lawyers continued their efforts to move PFAS lawsuits to federal court. While some cases were successfully moved, others were remanded back to state court. Despite delays, these tactics are not expected to hinder plaintiffs’ overall success.

July

  • 19th – The deadline for filing Camp Lejeune PFAS claims was less than a month away. Additionally, the deadline for municipalities submitting claims under the 3M and DuPont settlements was extended by two weeks.
  • 12th – A study published revealed that PFAS could be absorbed through human skin, expanding the scope of ongoing litigation. A new group action was also filed against Johnson & Johnson for selling PFAS-containing Band-Aid products without proper warnings.
  • 5th – BASF prepared for a July 15 deadline to make an initial $4 million payment under its $316.5 million PFAS settlement. New lawsuits were filed against 3M, Daikin, and Toray, alleging they exposed consumers to PFAS despite knowing the risks for decades.

June

  • 28th – Firefighters in Connecticut filed a proposed class-action lawsuit against 3M and other manufacturers, alleging that their protective gear contained dangerous levels of PFAS, putting them at risk.
  • 21st – Several states, including Massachusetts, New Jersey, and North Carolina, considered enacting stricter regulations on PFAS. Meanwhile, two national utility associations requested a federal court to overturn EPA’s national limits on PFAS in drinking water.

May

  • BASF Corporation agreed to a $316.5 million settlement with several public water systems for PFAS contamination. The settlement does not include personal injury claims, and BASF denied any wrongdoing.
  • Bic faced a class-action lawsuit for allegedly failing to disclose PFAS in its products. Legal experts predict PFAS litigation costs could surpass those related to asbestos.

April

  • Regina Brown filed a lawsuit against 3M and other companies, claiming she developed kidney cancer from PFAS-contaminated water in Pennsylvania.
  • The EPA announced enforceable limits for six types of PFAS in drinking water and allocated $21 billion for cleanup efforts.

March

  • A group of plaintiffs filed a class-action lawsuit in Connecticut against Kimberly-Clark for PFAS contamination of drinking and well water.

February

  • Carneys Point township in New Jersey sought to halt the approval of a $393 million settlement between the state and Solvay Specialty Polymers, arguing for more funds for affected towns.