PFAS Mass Tort Marketing Campaigns For Lawyers

Under a settlement reached with the New Jersey Attorney General’s office, chemical manufacturer 3M agreed to pay up $450 million to resolve lawsuits over natural resource contamination stemming from PFAS.

 
The Minnesota-based firm is expected to pay $285 million this year, with additional amounts payable over the next 25 years. The settlement, reached days before trial, is subject to court approval and a public comment period.

 
New Jersey filed a lawsuit in 2019 related to operations at the nearly 1,500-acre Chambers Works site in Pennsville and Carneys Point and another location in Parlin. The settlement also resolves all other statewide claims in litigation over PFAS in firefighting material used in the state.

 
Meanwhile, the judge presiding over the federal PFAS litigation identified 12 test sites for conducting water analyses and attempting to determine which of the defendants are responsible for contamination at each of the locations.

A Connecticut family has filed one of the latest lawsuits in the multidistrict litigation over PFAS and AFFF exposure, after their child was diagnosed with ulcerative colitis in 2022 and identified with elevated liver enzymes in 2023.   The suit alleges that these conditions resulted from years of exposure to PFAS.

In another development, Richard M. Gergel, the U.S. District Judge overseeing the litigation, has selected 12 test sites in seven states for sampling and analysis.  Sampling at these sites, which are located at places such as airports, fire stations, and associated training facilities, will help ascertain which products were used at which sites, and therefore determine how much liability each company might face.

As of early March, a total of 8,430 pending lawsuits were recorded in the PFAS MDL, and several local and state agencies continue to file lawsuits pointing to widespread water contamination.

Multiple recent articles and reports cite scientific studies indicating the presence of PFAS (Perfluoroalkyl and polyfluoroalkyl substances) in rain, residential septic systems, and in drinking water (at above the approved levels) at Wright Patterson Air Force Base in Ohio.

Santa Clara County has filed a lawsuit against multiple companies, including 3M and DuPont, over toxic PFAS chemicals in the public water supply. The complaint alleges that firefighting foam (AFFF) produced by these manufacturers has contaminated local water systems, posing serious health risks to residents. The county seeks to hold the defendants accountable for the costs of cleanup and mitigation.

The Village of Nyack, N.Y., has also filed a lawsuit against more than a dozen companies, including Teva Pharmaceuticals and Estée Lauder, over claims that their manufacturing and waste disposal practices contaminated the town’s drinking water with toxic PFAS chemicals. The complaint, filed in the U.S. District Court for the Southern District of New York, seeks to hold these companies accountable for the costs of testing, monitoring, and installing treatment systems to remove PFAS from the Hackensack River, the village’s primary water source.

According to the lawsuit, the defendants knowingly released PFAS into the environment, allowing the chemicals to infiltrate the water supply at levels exceeding the EPA’s new safety threshold. PFAS exposure has been linked to cancer, immune disorders, and other serious health risks. The village argues that the contamination constitutes an ongoing public nuisance, threatening residents’ access to clean drinking water and requiring immediate corrective action.

A new order proposed on January 14 outlines the process for identifying “Real Property Product ID Sites” where AFFF, a firefighting foam linked to PFAS contamination, may have caused environmental damage. Plaintiffs must have filed complaints and served them by December 20, 2024. They also must have submitted a complete Plaintiff Fact Sheet by year-end, addressing deficiencies by January 17, 2025. A Product ID Profile Form, due January 17, is expected to streamline site identification. By February, parties will finalize a list of 10 to 15 sites for detailed discovery, including document review and depositions, to be completed within six months.

At the start of December, the growing MDL against 3M and other manufacturers of PFAS-containing aqueous film-forming foams recorded a total of 11,163 lawsuits. Five new cases were added to the MDL in the previous month.

On December 3, 2024, attorneys in the multidistrict litigation against 3M and other companies requested court approval for updated Fact Sheets. These documents aim to simplify collecting details from new plaintiffs, providing essential information on their losses, exposure sources, and related issues to advance the case efficiently.

On December 10, 2024, the court in the federal PFAS multidistrict litigation ordered Arkema to release key information about its decades-long production and sale of PFAS products. This decision follows Arkema’s earlier refusal to cooperate. With this order, plaintiffs gain access to critical evidence that could strengthen their claims against the company for damages caused by PFAS contamination.

Following the discovery of a significant contamination in their local water supply, a number of Nantucket Island residents have initiated a class action lawsuit against multiple PFAS manufacturers. Recent findings from the Massachusetts Department of Environmental Protection showed the well water serving the Toms Way neighborhood to contain dangerous PFAS levels. The affected homes are located near a site once operated by the Nantucket Electric Company, believed to have played a major role in the contamination. The lawsuit was filed against a group of major corporations: DuPont, 3M, Arkema, and BASF Corp.

A New York firefighter has filed an AFFF ulcerative colitis lawsuit against 3M Company, DuPont, Chemours, and other chemical manufacturers. The plaintiff attributes their ulcerative colitis diagnosis to extended exposure to drinking water containing PFOA, PFOS, and other toxic chemicals. The complaint alleges that the defendants’ manufacture and distribution of firefighting foam products in the area exposed the plaintiff to hazardous chemicals over the period. For these significant personal injuries and the plaintiff’s ongoing suffering, the lawsuit is seeking compensation and punitive damages.

A Texas man launched a lawsuit against major chemical companies, including 3M and DuPont, claiming AFFF exposure led to his thyroid disease. Filed in South Carolina, the suit alleges long-term ingestion of PFOA and PFOS through tainted drinking water caused severe health issues.

The plaintiff accuses manufacturers of concealing known risks associated with these chemicals in firefighting foam. Seeking damages and a trial transfer to Texas, this case joins the mounting AFFF litigation, spotlighting persistent concerns over these substances’ health impacts.

A new study links PFAS contamination in Airway Heights, Washington, to Fairchild Air Force Base and a local landfill, echoing Camp Lejeune’s multi-source pollution issue. The 7th Circuit rejected 3M’s attempts to move PFAS lawsuits to federal court, ruling that Illinois’ claims focus solely on 3M’s Cordova facility contamination. Despite this setback, 3M removed to federal court a lawsuit filed by 88 plaintiffs alleging PFAS exposure near various military bases, citing personal injuries, property damage, and environmental harm.

The deadline for Phase 1 municipalities to submit documentation for payment in the 3M and Dupont PFAS settlements was extended by two weeks, with payments expected this fall for municipalities with positive PFAS tests prior to June 2023. Phase 2 municipalities will follow.

MDL No. 2873 remains the largest PFAS class action litigation. Defendant BASF settled for $315 million without admitting wrongdoing. Judge Gergel set a trial schedule for kidney and testicular cancer cases, with expert disclosures due by November 15, 2024, and Daubert motions by March 6, 2025. Tyco agreed to a $750 million settlement, and focus was given to personal injury cases.

The DOJ clarified the EPA’s enforcement strategy, focusing on significant PFAS polluters and excluding farmers and municipal entities. The EPA advanced regulations, designating PFOA and PFOS as hazardous substances. A new PFAS lawsuit was filed in Orange County under new EPA standards, and the EPA established the first national PFAS drinking water standard. Tyco settled for $750 million, and Judge Gergel approved the multi-billion dollar PFAS class action settlement.

Massachusetts warned against PFAS-contaminated bottled water, leading to potential legal actions. A federal court dismissed a PFAS class action against Edgewell Personal Care, citing insufficient allegations. Another PFAS class action was filed against Kimberly Clark in Connecticut. The United Nations called for accountability for DuPont and Chemours over PFAS violations.

A new PFAS class action was certified in New Hampshire against Saint-Gobain. The EPA proposed adding nine PFAS chemicals to their hazardous constituents list. Judge Gergel approved a $1.185 billion Dupont settlement and anticipated a similar outcome for 3M’s $12.5 billion proposal. The PFAS class action lawsuit moved forward with a hearing for 3M’s settlement.

Connecticut filed two PFAS lawsuits against chemical companies for contaminating water and natural resources. A federal court dismissed a PFAS class action against 3M and Dupont, citing lack of specificity. King Law announced representation for Hoosick Falls in the PFAS class action lawsuit. The PFAS class action lawsuit neared settlements for water providers, with 3M and Dupont offering substantial amounts.