You were told that Aqueous Film-Forming Foam (AFFF) was the best tool for fighting high-stakes, fuel-based fires. You trusted it to protect lives and property. But the companies that made this foam knew a dark secret they didn’t share: the core chemicals in AFFF, known as PFAS, are incredibly persistent. They don’t break down in the environment or in your body.
For decades, manufacturers like 3M and DuPont allegedly concealed evidence that these “forever chemicals” could accumulate in the blood and lead to life-altering health conditions, including a range of cancers. This is a clear betrayal of the trust placed in them by firefighters, military personnel, and airport workers across the country.
If you or a family member developed cancer after years of exposure to firefighting foam, you have a right to question whether that exposure is the cause. An AFFF lawsuit is a legal action to hold these corporations accountable for the harm their products have caused.
Taking on multi-billion dollar chemical giants requires deep experience and resources. Our team at Ferrer Poirot Feller focuses on these complex product liability cases. We understand the science and are actively involved in the national litigation.
If you believe your illness is linked to AFFF, call us for a free, no-obligation consultation. We can help you understand your options.
Call us today at (800) 210-8503.
Why Choose Ferrer Poirot Feller for Your AFFF Claim?
Our practice is built to handle complex claims against some of the largest companies in the world. We are not a general practice firm; we dedicate our resources to mass tort and product liability cases like the AFFF lawsuits. This allows us to develop a deep understanding of the science, the corporate history, and the legal strategies required.
Leadership and Recognition in Complex Litigation
Our attorneys are frequently appointed by federal judges to leadership positions in national Multi-District Litigation (MDL) proceedings, including the AFFF litigation. This means we are not just participants; we are helping to steer the course of the litigation for plaintiffs across the country. This recognition comes from a long history of handling high-stakes cases and securing over $1 billion for our clients in cases involving corporate negligence.
A Client-First Approach, Wherever You Are
- Free Case Review: Your initial consultation is always free. You can tell us your story, and we can explain your legal options without any cost or commitment.
- No Win, No Fee: We operate on a contingency fee basis. This means you pay us nothing unless and until we secure compensation for you. Our interests are aligned with yours.
- Direct and Personalized Attention: While we have a national reach, we ensure every client feels seen and heard. We understand the personal toll a cancer diagnosis takes, and our team is here to provide calm, clear guidance throughout the process.
- Our Houston Hub for National Cases: Our principal office for coordinating mass tort claims is located at 2925 Richmond Avenue, Suite 1725, in Houston, Texas. Situated in the Greenway/Upper Kirby area, it’s just a few blocks from the Greenway Plaza business complex. This central location serves as our HQ for our nationwide AFFF litigation efforts.
What Compensation is Available in an AFFF Lawsuit?
The goal of an AFFF claim is to secure financial stability for you and your family, covering the full range of losses caused by a cancer diagnosis linked to PFAS exposure. Compensation is designed to address every way your life has been altered.
Economic Damages: The Tangible Costs
These are the specific, calculable financial losses you have incurred. Think of them as the mountain of bills and lost income statements. Our goal is to account for every dollar.
- Medical Expenses: This includes everything from initial diagnostic tests and surgeries to ongoing treatments like chemotherapy, radiation, immunotherapy, and prescription medications. It also covers future medical monitoring.
- Lost Wages: If your illness forced you to miss work, take a lower-paying job, or stop working entirely, we will pursue compensation for that lost income.
- Loss of Future Earning Capacity: A serious diagnosis can permanently alter your ability to earn a living. We work with financial and vocational specialists to project these future losses and make them part of your claim.
Non-Economic Damages: The Intangible Harms
These damages address the personal losses that don’t come with a price tag. They are a legal acknowledgment of how a diagnosis rewrites every aspect of your life.
- Pain and Suffering: This accounts for the physical pain, discomfort, and emotional distress caused by the cancer and its treatment.
- Loss of Enjoyment of Life: This addresses the way your illness has limited your ability to participate in hobbies, activities, and relationships that once brought you joy.
- Loss of Consortium: In some cases, a spouse may have a claim for the loss of companionship, support, and intimacy resulting from their partner’s illness.
Are Punitive Damages Possible?
In cases where a defendant’s conduct is found to be particularly reckless—for example, hiding knowledge of a product’s dangers for decades—a jury may award punitive damages. These are not meant to compensate you for a specific loss. Instead, they are a financial penalty designed to punish the defendant and send a clear message to other corporations that this behavior will not be tolerated.
Understanding AFFF and the Dangers of PFAS “Forever Chemicals”
What is AFFF?
Aqueous Film-Forming Foam is a fire suppressant designed for one specific, difficult job: extinguishing high-temperature, fuel-based fires. Its unique chemical properties allow it to create a blanket over the fuel, cutting off oxygen and preventing reignition. For this reason, it became a mandatory safety tool for:
- Military Personnel: Used in training exercises and to fight fires on military bases and naval vessels.
- Airport Personnel: A required safety product at commercial airports for fighting jet fuel fires.
- Municipal and Industrial Firefighters: Used at chemical plants, refineries, and in local fire departments.
The Problem: PFAS “Forever Chemicals”
The key ingredient that makes AFFF so effective is a group of man-made chemicals known as per- and poly-fluoroalkyl substances (PFAS).
- Why are they called “Forever Chemicals”? PFAS are built around a carbon-fluorine bond, one of the strongest in chemistry. This bond makes them incredibly stable, meaning they don’t break down in the environment or in the human body. Once you are exposed, they can build up in your system over a lifetime.
- How does exposure occur? Exposure typically happens through inhalation of the foam spray, absorption through the skin, or ingestion of contaminated water near facilities where AFFF was heavily used.
What Cancers Are Linked to AFFF Exposure?
Years of scientific research have connected PFAS exposure to a higher risk of developing specific types of cancer. The primary cancers identified in the AFFF lawsuits include:
- Kidney Cancer
- Testicular Cancer
- Prostate Cancer
- Bladder Cancer
- Pancreatic Cancer
- Liver Cancer
- Thyroid Disease and Cancer
- Leukemia and Lymphoma
The AFFF Multi-District Litigation (MDL): A Closer Look
What is an MDL?
When thousands of people across the country file similar lawsuits against the same defendants, the federal court system may consolidate them into a Multi-District Litigation (MDL). It is a legal tool designed to make the process more efficient.
Instead of having thousands of individual lawsuits proceeding at once, the MDL brings them before a single judge to handle all the shared pretrial proceedings, like evidence gathering (discovery) and arguments about science.
The AFFF MDL
The AFFF lawsuits have been consolidated into MDL-2873 in the U.S. District Court for the District of South Carolina.
How is an MDL Different from a Class Action?
In a class action, everyone is grouped into a single lawsuit with a single outcome.
In an MDL, your lawsuit remains your own. The MDL is like all the students in a school district sharing the same library and science labs for research. It streamlines the fact-finding. But if your case doesn’t settle within the MDL, you retain your right to have your individual case tried in your local court.
What is the Current Status of the AFFF Litigation?
The AFFF MDL is one of the largest and most active mass torts in the country, with nearly 11,000 personal injury claims filed. The main corporate defendants include chemical and manufacturing giants like 3M, DuPont, Chemours, and Tyco Fire Products.
- Bellwether Trials: The court selects a few representative cases—known as bellwether trials—to go to trial first. The outcomes of these trials are not binding on everyone else, but they provide information about how juries might react to the evidence. This process helps shape settlement negotiations for the rest of the cases. The first bellwether trials are expected to focus on claims for kidney cancer, thyroid disease, and testicular cancer.
- Settlements: Major settlements totaling over $11 billion have already been reached, but these were primarily with public water systems for contamination cleanup. Settlements for personal injury claims—the cancer cases filed by individuals like you—are the next major focus of the litigation.
A Historical Timeline of AFFF and PFAS Use
1960s – The Beginning of AFFF Development
The U.S. Navy and 3M begin developing Aqueous Film-Forming Foam to combat jet fuel and petroleum fires. AFFF proves highly effective in rapidly extinguishing flammable liquid fires and becomes widely adopted by the military and firefighting agencies.
1970s – PFAS-Containing AFFF Becomes Standard Use
AFFF containing PFAS compounds like PFOS and PFOA becomes the industry standard. These chemicals are chosen for their heat resistance and ability to form a thin film that smothers fires quickly. Their long-term health effects are not publicly discussed.
1980s–1990s – Internal Studies and Rising Concerns
Internal company memos from 3M and DuPont show early knowledge that PFAS chemicals persist in the environment and accumulate in human blood. Studies conducted by these manufacturers reveal links between PFAS and health effects, including liver damage and developmental issues in lab animals. These findings are not disclosed to regulators or the public.
1998–2000 – EPA Pressure Mounts on 3M
3M submits data to the EPA under pressure, acknowledging PFOS bioaccumulation in humans and wildlife. By 2000, 3M announced a voluntary phase-out of PFOS-based products, including AFFF. However, legacy stocks remain in widespread use, especially in military and airport settings.
2005–2015 – Widespread Environmental Contamination Revealed
Scientific studies and EPA testing reveal PFAS contamination in water supplies near military bases, airports, and chemical manufacturing facilities. Local governments begin discovering PFAS in groundwater, prompting growing public concern and media scrutiny.
2017 – AFFF Lawsuits Begin to Emerge
Veterans, firefighters, and residents living near contaminated sites begin filing lawsuits against 3M, DuPont, Chemours, and other manufacturers. These claims allege the companies knowingly exposed people to dangerous chemicals without adequate warning.
2018 – AFFF MDL Established
The Judicial Panel on Multidistrict Litigation consolidates all federal AFFF-related lawsuits into MDL No. 2873 in the U.S. District Court for South Carolina. This marks the formal beginning of coordinated nationwide litigation over AFFF exposure.
2023–2024 – Major Settlements Announced
3M agrees to pay over $10 billion to resolve claims related to water contamination. Other companies reach similar agreements. However, these settlements do not cover personal injury claims, which remain pending in the MDL.
2025 and Beyond – Focus Shifts to Cancer Victims
As we alluded to earlier, litigation turns toward compensating individual victims—those who developed kidney, testicular, prostate, and other cancers linked to AFFF exposure. Bellwether trials are expected to guide future settlements and verdicts.
This timeline shows a decades-long pattern we’ve seen time and again with other cases: early corporate knowledge, delayed disclosure, environmental harm, and human consequences.
Frequently Asked Questions about AFFF Lawsuits
How do I know if I was exposed to the dangerous kind of AFFF?
For decades, the primary AFFF formulations on the market contained PFAS chemicals manufactured by companies like 3M and DuPont. If you worked as a firefighter or in another high-risk role before 2018, it is highly probable that the foam you used contained these “legacy” PFAS chemicals. We’ll help investigate the specific products used at your work sites.
Can I file a lawsuit if I am a veteran and was exposed in the military?
Yes. While you generally cannot sue the U.S. military for injuries sustained during service, you can sue the third-party corporations that manufactured and sold the defective AFFF to the military. Your claim would be directed at the chemical companies, not the government.
What if my cancer diagnosis was a long time after my exposure?
Cancers linked to toxic exposure frequently have a long latency period, meaning they can take years or even decades to develop. The “clock” for the statute of limitations—the legal deadline to file a claim—usually does not start ticking until your cancer is diagnosed. This legal principle is often called the discovery rule. Do not assume it is too late to act.
What if a loved one has already passed away from a cancer linked to AFFF?
If you have lost a family member, you may be able to file a wrongful death lawsuit on their behalf. This type of claim seeks compensation for the family’s losses, including lost financial support, loss of companionship, and funeral expenses. The deadlines for these claims are very strict, so it is important to inquire as soon as possible.
Take the First Step Toward Accountability
The corporations that made and sold AFFF knew about the risks of PFAS. They had a choice, and evidence suggests they chose to prioritize profits over the safety of the firefighters and service members who used their products. Now, you have a choice. You can let them escape accountability, or you can take a stand.
Call us at (800) 210-8503 or fill out our online form for a free case evaluation.