PFAS Mass Tort Marketing Campaigns For Lawyers

Tyco Fire Products, the manufacturer of a firefighting foam that was found to have contaminated the water supply in northeastern Wisconsin with PFAS chemicals for decades, agreed to a $10 million settlement with the state.

 
The settlement involves alleged violations of the state’s spills law for failing to report PFAS contamination.

 
A lawsuit filed by the Wisconsin Department of Justice alleged that Tyco failed to immediately notify the state of PFAS contamination around its fire training facility in the city of Marinette when it was first discovered through sampling in 2013. The company failed to alert the state about release of the chemicals until four years later.

 
Under the settlement, Tyco must invest $10 million into the state’s PFAS trust fund to help clean up the chemicals. The company must also provide clean water to residents facing PFAS pollution of private wells, including newer deep wells, for the next 20 years.

 
“While today is an important victory, we know our work cannot stop,” Gov. Tony Evers said. “For the folks in Marinette, this day has been a long time coming, but we know that for so many families and communities across our state, dealing with PFAS pollution is still a daily reality.”

 
Wisconsin Attorney General Josh Kaul called it one of the most significant environmental resolutions in the state’s history, and the largest settlement on a case handled exclusively by the state.

At the start of May, there were 15,232 lawsuits in the PFAS drinking water contamination MDL in a South Carolina federal court, an increase of 10 claims from the previous month. Plaintiffs allege that drinking water and other forms of exposure to PFAS chemicals caused cancer, ulcerative colitis and other health issues.

 
States and municipalities have also filed lawsuits against chemical companies, resulting in multiple settlements.

 
The City of Worcester, Massachusetts joined a federal lawsuit that seeks to recover the money used to replace firefighting gear that contained PFAS.

 
The city joins several communities from 11 other states in their lawsuit against a group of manufacturers, including 3M, DuPont, The Globe Manufacturing Company and Fire-Dex.

 
The plaintiffs contend that the manufacturers sold, made and marketed firefighting gear, including helmets, hoods, jackets, pants, boots and gloves, infused with PFAS despite knowing the dangers associated with the chemicals. It is alleged that firefighters were injured due to the design of the gear.

 
“As a direct and proximate result of Defendants’ unreasonably dangerous design of PFAS-infused turnout gear, Massachusetts Class members have been injured,” the lawsuit reads. “These and other acts by Defendants were a direct and proximate cause of damages to Massachusetts Class members.” The lawsuit alleges that the manufacturers broke several state laws, including the Massachusetts Consumer Protection Act.

U.S. District Judge Richard M. Gergel, who is overseeing the PFAS litigation, denied South Carolina’s motion to remand its PFAS contamination case against 3M to state court, holding that 3M can keep the case in federal court under the federal officer removal statute.

 
The state attempted to disclaim any claims tied to firefighting foam and focus instead on consumer and other non-AFFF sources of PFAS. But the court held that 3M had plausibly alleged that PFAS contamination stems at least in part from the federal government’s use of MilSpec AFFF, a product used by “all branches of the U.S. armed forces” and noting “3M acted in accordance with detailed specifications, promulgated by Naval Sea Systems Command, that govern AFFF formulation”. 3M added that PFAS from those sources may have commingled with PFAS from non-AFFF products.

 
The court also found that 3M had a colorable government contractor defense because it alleged that it made military AFFF according to detailed federal specifications and that the government knew about the relevant risks.

As of the beginning of March, there were 15,220 pending lawsuits in the federal PFAS multi-district litigation, MDL-2873, confirming that it remains one of the largest in the country.

 
Under a previous case management order, the parties were required to submit proposed selections by March 19 to determine which additional ulcerative colitis plaintiffs should move into the expert discovery phase.

Settlement talks are reported to be in the works in the federal MDL alleging cancer from PFAS exposure, which at last count included 15,213 active lawsuits. Plaintiffs claim they were exposed to PFAS through AFFF foams, used to extinguish liquid fuel fires, that contaminated water supplies.

 
One class-action lawsuit drew to a close when DuPont agreed to a $25 million settlement with residents of Hoosick Falls, New York, who were exposed to toxic PFAS chemicals in drinking water.

 
The settlement includes compensation for exposure and supports extended medical monitoring for those affected, adding to a prior $65 million settlement reached with three other companies.

 
Court documents allege DuPont knew of the contaminant’s health risks for decades, conducted internal studies on toxicity, and failed to share this information with customers or the public.

The federal PFAS litigation remains active in January with 15,213 pending lawsuits in the MDL, filed by plaintiffs who allege they developed cancer from PFAS that contaminated water supplies.

 
Cases are consolidated in the United States District Court, District of South Carolina under the presiding judge, Richard M. Gergel. Parties are continuing to gather information and discuss possible settlements.

 
It is expected that bellwether trials for some claims could come in 2026, which will shape the litigation by allowing both sides to determine the strength of the evidence and understand how juries will respond.

As more cases continue to be added to the federal PFAS litigation, an important ruling was issued at the state level in Connecticut. A judge rejected requests by Connecticut Water Co. and Aquarion Water Co. to dismiss two proposed class-action lawsuits accusing the utilities of selling drinking water contaminated with hazardous levels of PFAS.

 
Aquarion is a subsidiary of Eversource that supplies water to 780,000 residents in 73 cities and towns in Connecticut, Massachusetts and New Hampshire while Connecticut Water Co. serves approximately 350,000 residents.

 
A new study indicates that PFAS-contaminated drinking water could heighten the risk of infant mortality. The research, which reviewed 11,000 births in New Hampshire, found dramatic increases in infant deaths, premature births and lower birth weights in an area near a PFAS contamination site.

 
In addition to the thousands of PFAS lawsuits filed by individuals and families, an environmental group in Virginia, the City of Fresno, and two landfills in Michigan are among the latest entities to file suits over PFAS contamination.

While no major updates were announced in the federal group PFAS lawsuit, a settlement was reached in a class action lawsuit in New Jersey. A Superior Court judge approved the agreement in a suit filed by residents who were notified their tap water violated state standards for PFOA, a toxic chemical that is part of the group of chemicals called per- and polyfluoroalkyl substances. (PFAS)

 
Under the settlement, about 60,000 residential water customers will share $4.9 million to resolve the claim against Middlesex Water Company and 3M. Eligible claimants can receive up to $2,500 in reimbursement for expenses they incurred as a result of the water quality violations, including costs for doctor consultations, bottled water, and water filtration systems.

 
An attorney for the plaintiffs said it may be the only case in the nation to win compensation for individuals who incurred out-of-pocket expenses in seeking to avoid drinking water contaminated with a PFAS chemical.

 
The settlement specifically releases Middlesex Water Company and 3M from claims related to PFAS in the drinking water and the contamination notices, but the companies did not admit any liability, negligence, fault, or wrongdoing as part of the agreement.

U.S. District Judge Richard M. Gergel, who is overseeing the PFAS litigation, chose three additional plaintiffs to move forward in the discovery process. One of the cases may proceed to expert discovery in which the plaintiffs’ scientific expert would be used in the group litigation. The three plaintiffs allege that PFAS exposure in their drinking water caused them to develop ulcerative colitis.

 
As of the beginning of October, there were 13,942 plaintiffs pursuing compensation through lawsuits against PFAS manufacturers. The number of pending lawsuits had been expected to increase sharply after the judge set a deadline of mid-September to submit all unfiled cases.

The first bellwether trial in the PFAS litigation, which had been scheduled to begin Oct. 20, has been postponed by U.S. District Judge Richard M. Gergel. The judge placed the trial on hold in order to have the parties determine how many individual lawsuits qualify for the case. There were concerns that a large number of lawsuits have yet to be filed, and that a settlement or a verdict in could fail to adequately compensate victims. The trial involves plaintiffs who allege that drinking PFAS-contaminated water caused their cancer and are seeking damages from companies that produced the chemicals, including the 3M Co. and E.I. du Pont de Nemours and Co.

In an 11-page order, Judge Gergel vacated the trial dateand related actions until such time as the court deems appropriate. The order requires the Plaintiffs’ Executive Committee to file every case they represent that involves kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, liver cancer, or thyroid cancer. Counsel was directed to include evidence of diagnosis, drinking water exposure, and other information required to ensure cases are properly filed and vetted.

The court-appointed attorneys leading the plaintiffs’ and defendants’ legal teams must report progress to the court over the next two months with detailed compliance updates so that decisions can be made on how to proceed.

The Chemours Company, DuPont de Nemours, Inc., and Corteva, Inc. reached a settlement with the state of New Jersey to comprehensively resolve all environmental claims involving PFAS. The companies have agreed to pay $875 million over 25 years to the state to settle environmental claims including pollution linked to PFAS. Chemours will make half of the settlement payments, while DuPont will pay 35.5% and Corteva the rest, with the payouts beginning no earlier than Jan. 1., 2026.

The number of active lawsuits filed by people injured by PFAS contamination stood at 12,064 at the start of August, an increase of over 1,750 cases over the past two months. One new lawsuit was filed by residents of Clark County, Nevada, who allege they suffered severe health consequences from exposure to the toxic foam while living near military sites and firefighting training centers, including contaminated drinking water.

A new study funded by the National Institutes of Health found a link between PFAS exposure and a heightened risk of diabetes. The researchers reported that, “[g]rowing evidence suggests that exposure to per- and polyfluoroalkyl substances (PFAS) are linked to an increased risk of type 2 diabetes.”

U.S. District Judge Richard M. Gergel, who is overseeing the PFAS litigation, is encouraging the two sides to work towards a settlement before the cases go to trial. The bellwether trial, which is due to begin Oct. 20, involves plaintiffs who allege that drinking PFAS-contaminated water caused their kidney cancer.

At a recent status conference, Judge Gergel urged 3M, DuPont, BASF, and Johnson Controls, whose PFAS products are at issue, to begin the settlement process prior to trial.

Currently there are over 10,000 active lawsuits in federal court involving claims that AFFF, a type of firefighting foam containing PFAS chemicals, seeped into the environment around military bases and contaminated drinking water.

New Jersey’s lawsuit against chemical companies DuPont and Chemours, which manufactured products containing PFAS, went to trial in federal court in Camden. The case focuses on contamination from the Chambers Works Facility in Pennsville, which made Teflon. Wastewater from the production was discharged into waters and consumed by people who later developed PFAS-related cancers and disorders.

State authorities contend that DuPont’s pollution controls at Chambers Works failed, and that the company understood the scope of the problem but failed to take necessary actions to rectify the situation.

The lawsuit also named 3M, which reached a $450 million settlement with the state last month. The settlement covers natural resource damages, public health projects, and litigation costs.

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.