You may be eligible for financial compensation if you or a loved one was diagnosed with cancer after being exposed to firefighting foam, including:
- Kidney cancer
- Testicular cancer
- Pancreatic cancer
- Prostate cancer
- Neuroendocrine tumors
- Bone marrow cancer
Aqueous Film Forming Foam (AFFF) is a substance designed for extinguishing petroleum-based fires. This foam contains per- and polyfluoroalkyl substances (PFAS), which have been linked with cancer.
AFFF manufacturers have known or should have known since the 1980’s that AFFF could pose a human cancer risk, but failed to warn the public about it. This negligence can expose them to lawsuits.
Call us today at 800-718-4658 for a free consultation to see if you qualify for an AFFF lawsuit.
Firefighting Foam Manufacturers Knew About Cancer Risk
Perfluorooctanoic acid (PFOA) is a PFAS. A 1983 study involving RIKER Laboratories and AFFF manufacturer 3M company found that the high PFOA dose incidence of Leydig cell adenomas in rats was statistically significant when compared with the control group’s incidence.
Leydig cell adenoma is a type of non-cancerous testicular tumor which can later turn cancerous. The mechanism of action behind PFOA causing these tumors is still unknown to this day. It must be assumed that any cancer risk in animals without a known action mechanism behind it could also present a cancer risk in humans.
Additional research by the end of the 1980’s indicated that workers exposed to PFOA saw an elevated incidence of certain cancers. Yet more research by the end of the 1990’s indicated that PFOA caused Leydig cell, liver and pancreatic tumors in rats. Additional research by 2010 found increased cancer incidence in workers exposed to PFOA. More research by the mid-2010s had found that at least one short-chain PFAS caused Leydig cell, liver and pancreatic tumors in rats.
AFFF manufacturers have been manufacturing and selling their AFFF products for decades without warning the public about the cancer risk attached to them. This exposes them to several causes of action in firefighting foam lawsuits, including negligence as well as strict liability due to failure to warn and defective design.
California CACI No. 1221 states that product manufacturers are negligent when they fail to use the amount of care when manufacturing the product that a reasonably careful manufacturer would use in similar circumstances to avoid exposing others to foreseeable risks of harm.
California CACI No. 1222 states that product manufacturers are negligent when they know or reasonably should know their product is dangerous or likely to be dangerous when used or misused in a reasonably foreseeable manner, yet fail to adequately warn of the danger when a reasonable manufacturer would have warned of the danger under the same or similar circumstances.
AFFF manufacturers have known or should have known since the 1980’s that their products posed a potential human cancer risk, yet continued to manufacture the products while knowing about their potential cancer risks and continued to sell the products without warning the public about their cancer risks. These actions can expose AFFF manufacturers to lawsuits accusing them of negligence. A reasonable manufacturer would not continue to sell a product they knew could cause cancer and a reasonable manufacturer would not fail to warn the public about this risk.
Strict Liability: Failure To Warn
California CACI No. 1205 states that manufacturers can be found strictly liable for damages their products cause when it is known or knowable in light of scientific and medical knowledge that their product is potentially dangerous yet fail to warn about the danger. Negligence is not required to be proven under strict liability.
It has been known or knowable in light of scientific and medical knowledge that AFFF products posed a potential human cancer risk yet AFFF manufacturers failed to warn about the danger.
Strict Liability: Design Defect
California CACI No. 1203 states that manufacturers can be found strictly liable for damages their products cause when a properly manufactured product does not perform as safely as an ordinary consumer would expect it to perform when used or misused in an intended or reasonably forseeable way, a plaintiff is harmed and the product’s failure to perform safely was a substantial factor in causing the harm.
A product such as AFFF causing cancer would be an example of a product not performing as an ordinary consumer would expect it to when used in a reasonable way. A product that causes cancer when manufactured properly and used as intended is defective by design.
Firefighting Foam Legal Damages
Firefighting foam lawsuits can recover financial compensation for various damages, including:
- Past and future medical bills
- Past and future lost wages
- Past and future loss of earning capacity
- Out of pocket expenses and other economic damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
Firefighting Foam Manufacturers
All AFFF products contain PFAS chemicals. Your cancer may have been caused by firefighting foam if the foam you used was an AFFF product. The following products are known to contain particularly high levels of PFAS chemicals or PFAS precursors:
• Legacy PFOS AFFF – 3M exclusively manufactured and sold these foams in the United States from the late 1960s until 2002. They were sold under the brand name “Light Water.” These foams contain the PFAS chemical PFOS and other precursors which can break down into PFOS.
• Legacy Fluorotelomer AFFF – These foams were sold and made in the U.S. from the 1970s until 2016. They encompass all brands of AFFF except 3M’s Light Water. These foams contain precursors which can break down into the PFAS chemical PFOA.”
Firefighting Foam Lawyers
Our tough, battle-hardened AFFF lawyers have the tenacity and experience to fight for you to obtain you the largest possible recovery if you or a loved one was diagnosed with cancer after being exposed to firefighting foam. We’ll get you to the best doctors on a lien meaning you won’t have to pay them until the case is over. We’ll take care of the entire process of obtaining compensation for you so you can focus on your health.
Best of all, we’ll do it all at no charge to you. Our only fee will be a small percentage of your recovery and this fee only occurs if we obtain a recovery.