You may be eligible to file a Tylenol Autism ADHD Lawsuit / Acetaminophen Autism ADHD Claim if you or a loved one used Tylenol and/ or Acetaminophen during pregnancy, and your child was subsequently diagnosed with ADHD or Autism Spectrum Disorder.
Legal action is being strategized by our attorneys for Horizon Therapeutics’ failure to properly warn patients of potential hearing loss side effects.
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Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
You may be eligible to file a Hair Straightener Cancer Lawsuit if you or a loved one used chemical hair straighteners, hair relaxers, or other similar hair products, and subsequently were diagnosed with:
Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
Contact us today to see if you qualify for the Paraquat Parkinson’s Disease Lawsuit!
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AFFF Lawsuit FAQ: Is There an AFFF Class Action Lawsuit?
Use the chatbot on this page to find out if you qualify to file an AFFF Lawsuit.
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Toxic Torts
» AFFF Lawsuit FAQ: Is There an AFFF Class Action Lawsuit?
Last Updated: September 24th, 2023
Intro to The AFFF Class Action Lawsuit
Question: Is There An AFFF Class Action Lawsuit?
In short, No.
The AFFF class action lawsuit has consolidated into a multidistrict litigation (MDL) of over 5,000 pending cases.
On this page, we‘ll dive further into the question by discussing average settlement amounts, factors that may affect AFFF firefighting foam lawsuit settlement values, (as well as average settlement values), and much more.
Overview of AFFF Lawsuits Consolidated into Multidistrict Litigation (MDL)
Many lawsuits have been filed against manufacturers of aqueous film-forming foam (AFFF) due to concerns over the presence of PFAS (per- and polyfluoroalkyl substances) in the manufacturing of certain firefighting foam foam products.
These toxic chemicals — labeled as “forever chemicals” because they don’t break down in the environment or human body — have been linked to various severe environmental and health problems like cancer.
With numerous cases being filed against manufacturers of toxic firefighting foam, a multidistrict litigation has been established to handle the AFFF firefighting foam lawsuits.
If you or a loved one were exposed to AFFF firefighting foam and subsequently developed cancer or other health problems, you may be eligible to file an AFFF Lawsuit and pursue financial compensation.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page for a free case evaluation to find out if you instantly qualify to file an AFFF Lawsuit.
Our team of AFFF Lawyers are here to help you through the legal process and protect your best interests.
We understand the devastating effects toxic firefighting foam can have on the human body, and we are sensitive to your needs as a client.
Reach out to our firefighting foam lawyers today and find out how we can help you.
However, the answer isn’t so simple — the answer is yes and no.
To better understand this, the following key points can be noted:
There is no AFFF Class Action Lawsuit for cancer and other major health problems associated with exposure.
Class action lawsuits have been filed for PFAS contamination resulting from AFFF usage, but these do not include individuals exposed at work (such as firefighters).
The AFFF Lawsuit for individuals suffering from cancer and other related injuries is a multidistrict litigation (MDL).
No AFFF Class Action Lawsuit for Cancer & Other Major Health Problems
While it may be assumed that a class action lawsuit exists for the health problems associated with AFFF exposure, this is not the case.
However, while there is not an AFFF class action lawsuit, there is a multidistrict litigation for cancer and other major health probelms associated with exposure to AFFF (more on this below).
Individuals Exposed to AFFF at Work Not Covered in the PFAS Contamination Class Action Lawsuits Filed
Although class action lawsuits have indeed been filed in relation to PFAS contamination from AFFF usage, these lawsuits do not encompass individuals who were exposed to AFFF at their workplaces.
This means that those who were exposed to AFFF in a work environment are not included in these class action lawsuits.
However, they are covered in the multidistrict litigation discussed below.
Multidistrict Litigation (MDL) Filed for Individuals Suffering from Cancer & Other Related Injuries.
The legal action that does involve individuals suffering from cancer and other injuries related to AFFF exposure is a multidistrict litigation, not a class action lawsuit.
This type of litigation allows for multiple lawsuits of a similar nature to be conducted in one court, under one judge, for pretrial proceedings.
To conclude, while there are class action lawsuits related to AFFF usage, none of these are specifically for cancer and other major health problems associated with AFFF exposure.
The legal action that does involve these individuals is a multidistrict litigation, not a class action lawsuit.
Several different types of workers and professions have suffered from occupational exposure to firefighting foam.
AFFF firefighting foam was largely used by the US military, as well as municipal fire departments, airports, chemical plants, and other heavy industries that may be at risk for highly flammable liquid fires started by class B materials.
Those at risk for exposure to firefighting foam include:
Military firefighters
Other military firefighters
Flight deck workers
Airport workers
Municipal firefighters
Chemical plant workers
Workers responsible for transporting or disposing of AFFF
No settlements have been reached in the AFFF litigation as of yet, but lawyers estimate that the average AFFF firefighting foam lawsuit settlement amounts may fall between $40,000 to $300,000 or more depending on the strength of the case and other individual factors.
These AFFF lawsuit settlement amounts figures are by no means a guarantee of financial compensation in the AFFF Lawsuit, they are merely projections based on knowledge of prior mass tort cases and settlements for cancer diagnosis.
Contact an experienced firefighting foam attorney for insight on your individual claim.
Firefighting Foam Lawsuits Consolidated Into the AFFF Firefighting Foam MDL
As concerns have grown over the potential health risks associated with AFFF and PFAS exposure, numerous lawsuits were filed across the United States against AFFF manufacturers.
In response to the increasing number of claims, these lawsuits were consolidated into multidistrict litigation, known as the AFFF MDL.
The AFFF Firefighting Foam MDL is consolidated in the US District Court for the District of South Carolina.
MDLs are a practical solution when dealing with cases that allege largely the same thing, streamlining the legal process and providing consistent decisions and a more efficient resolution for plaintiffs and defendants.
The AFFF MDL aims to tackle the adverse health effects of PFAS exposure.
Is There a Class Action Lawsuit for AFFF Firefighting Foam?
No, there is not a class action lawsuit for injuries and health problems related to AFFF exposure.
Lawsuits from individuals suffering from AFFF foam related health problems and cancer are consolidated into multidistrict litigation (MDL).
The most common misconception regarding the AFFF MDL is that it’s synonymous with AFFF class action lawsuits.
However, these are two separate legal actions filed for entirely different reasons.
Class action lawsuits have been filed against manufacturers of AFFF products by municipalities and other public agencies for PFAS contamination in public waterways.
PFAS are highly persistent in the environment and can seep into the soil or contaminate the water source, which happened in the City of Stuart v. 3M Co.
This class action lawsuit filed by the City of Stuart claimed that the 3M company defiled the city’s water source with toxic PFAS and PFOA chemicals.
Multidistrict litigation (MDL) is a legal process allowing similar lawsuits from different federal districts to be consolidated before a judge for pretrial proceedings.
It is important to note that MDLs are not intended to merge individual cases into a class action lawsuit but to handle pretrial matters more efficiently.
The goal is to avoid duplicative discovery and inconsistent rulings, promoting a fair and just resolution for all parties involved.
This is often observed in product liability cases where synonymous reports are filed against one or more related companies.
What’s the Difference Between MDL and Class Action Lawsuits?
MDLs and class action lawsuits are often confused, but they are fundamentally different legal processes.
Several advertisements for the AFFF Lawsuit falsely refer to the litigation as the “AFFF class action MDL”, “AFFF class action lawsuit”, and more.
These terms are incorrect.
In a class action lawsuit, a group of individuals with similar claims comes together to sue a defendant or a group of defendants collectively.
Conversely, an MDL consolidates similar cases for pretrial proceedings while preserving the individuality of each case.
Unlike class actions, where a single judgment binds all plaintiffs, MDL plaintiffs retain the autonomy to pursue their claims independently.
The key differentiator here is the number of plaintiffs present in the case.
In MDLs, the number of plaintiffs remains the same despite being consolidated into an MDL.
In class action lawsuits, all victims are grouped into one and essentially become a singular plaintiff.
The differences between these two types of litigation is also visible in the way a settlement is distributed:
MDLs distribute settlements on a case-by-case basis, ensuring that each plaintiff is compensated according to the facts of their individual case and the damages claimed.
Class actions divide a large settlement evenly among all plaintiffs: regardless of how a plaintiff may have suffered individually, every plaintiff will receive the same amount of compensation.
How Does MDL Work?
Understanding the inner workings of the MDL process is essential to comprehend how AFFF lawsuits are being handled.
Listed below are the key concepts involved.
Filling of Numerous Related Lawsuits
Before an MDL could arise, a crucial factor must be present — multiple lawsuit filings of similar lawsuits.
In our case, there must be a surge of AFFF lawsuits, all bringing forth similar complaints (i.e., the severe health effects of PFAS exposure.)
Due to the similar nature of the claims, firefighting foam attorneys might urge the Judicial Panel on Multidistrict Litigation (JPML) to centralize these cases to streamline the proceedings.
Consolidating Similar Cases in an MDL
If the JPML approves the motion to consolidate, they will select a single federal court where all related lawsuits will be transferred for pretrial proceedings.
This court and judge will oversee the MDL, promoting efficiency and consistency in handling the cases.
Convenience to plaintiffs is often one of the essential factors the panel considers when choosing an MDL court.
Creating Order Within the MDL Parties
Upon consolidation, the MDL court appoints a leadership structure called the steering committee to organize the legal process for plaintiffs and defendants.
In most cases, the defendant’s party selects its own steering committee.
The plaintiff’s steering committee will oversee the legal strategy, prepare the plaintiffs, and streamline the legal process.
The plaintiffs will still retain their legal representatives.
The steering committee is only to provide structure.
The Bellwether Trial
To gauge the strengths and weaknesses of the claims, a small number of representative cases, known as bellwether trials, are chosen to proceed to trial.
These trials help the parties assess the potential outcomes and may shape the settlement outcome.
Receiving Mass MDL Settlements
If the bellwether trials result in favorable outcomes for the plaintiffs, it often encourages the defendants to consider settlement.
Mass settlements may be reached to provide compensation to all eligible plaintiffs within the MDL.
In this situation, the settlement is divided among members of the MDL according to the facts and damages in each individual case.
What Happens When You File an AFFF Firefighting Foam Lawsuit?
If you were exposed to AFFF firefighting foam and subsequently developed cancer or other health problems, you may be eligible to file an AFFF Lawsuit.
Filing an AFFF lawsuit involves the following steps.
Consultation with an attorney: Seek legal advice from an experienced attorney specializing in AFFF lawsuits. They will evaluate your case and guide you through the process.
Complaint filing: Your attorney will file a complaint on your behalf, outlining the details of your claim and the damages you seek.
MDL consolidation: If your lawsuit is deemed similar to others, it may be transferred to the AFFF MDL for pretrial proceedings.
Discovery and settlement negotiations: The discovery phase involves exchanging information between parties, while settlement negotiations may occur at any stage, including before or after bellwether trials.
Trial or settlement: Depending on the circumstances, your case may proceed to trial, or a settlement may be reached to provide compensation for your damages.
AFFF and PFAS chemicals have been found to cause or aggravate various illnesses, including cancer, reproductive issues, and immune system disorders.
Gathering medical records and documentation to support your claim is vital if you believe you’re qualified for a case.
This evidence will help establish the link between your health issues and AFFF and PFAS chemicals exposure.
Each state has specific time limits within which a lawsuit must be filed.
It’s important to consult an attorney promptly to ensure compliance with the applicable statute of limitations.
What Are the Illnesses Related to AFFF and PFAS?
Exposure to AFFF and PFAS chemicals has been associated with various illnesses.
Some of the most commonly reported cancers related to AFFF exposure include:
Kidney cancer
Testicular cancer
Prostate cancer
Breast cancer
Leukemia
Lymphoma
Thyroid disease
Liver damage
Reproductive issues
Immune system disorders
If you have been exposed to AFFF and experienced any symptoms or illnesses associated with PFAS contamination, seek medical attention and consult with an attorney to understand your legal options.
What Damages Can You Recover in an AFFF Lawsuit?
The damages you may be eligible to recover in AFFF firefighting foam cancer lawsuits can vary based on the specifics of your case.
Generally, compensatory damages aim to provide financial recovery for:
Medical expenses: This involves present and future medical treatment needed to manage your diagnosis.
Lost wages and future earning capacity: If your disease progresses drastically, you might have to let go of your work to focus on your recovery.
Pain and suffering: This compensation aims to alleviate the emotional damages and stress of the diagnosis you received from the AFFF exposure.
Loss of consortium (for spouses): If you lost your spouse from an illness brought on by AFFF exposure, you might claim compensation for their death.
An experienced attorney will assess your damages and work to maximize the compensation you receive.
How Can Experienced Firefighting Foam Lawyers Help You?
If you have been affected by AFFF and PFAS contamination, our team of experienced firefighting foam cancer lawyers is here to help.
We understand the complexities of AFFF lawsuits and will guide you through the legal process, advocating for your rights and fighting for the compensation you deserve.
We have extensive experience helping AFFF victims navigate the MDL consolidation process and ensuring they claim compensation for their damages.
Our AFFF Lawyers are sensitive to the needs of victims and understand the severity of the issues at hand.
We will work with you to understand your story, protect your best interests, and seek maximum compensation for what you’ve experienced.
TorHoerman Law: Your Firefighting Foam Lawyers
Lawsuits are being filed against negligent AFFF manufacturers for putting public health at risk.
People who were exposed to AFFF firefighting foam during military service or at work have developed cancer and other serious health problems, and they have waited for justice for far too long.
If you or a loved one were exposed to AFFF firefighting foam and subsequently developed cancer or other serious health problems, you may be eligible to file an AFFF Lawsuit and seek financial compensation.
Contact us today to schedule your free case consultation.
You can also use our chatbot for an instant and free case evaluation.
Our dedicated and experienced firefighting foam lawyers are ready to listen to your story, evaluate your claim, and guide you toward the best course of action.
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