Perfluoroalkyl or poly-fluoroalkyl substances (PFAS), also known as perfluorochemicals (PFC), is a classification of at least 5,000 synthetic compounds used in manufacturing. They are used to produce fluoropolymer coatings for products that resist heat, oil, stains, grease, and water. PFAS are prevalent in the automotive, aerospace, construction, electronics, military, fire-fighting industries, and more. These compounds are identified as contaminants of great concern by the Environmental Protection Agency.
Chemists at the 3 M and Dupont corporations developed PFAS in the 1930s, and they were utilized initially in popular products with the brand names Teflon and Scotch Guard. The chemical component that binds PFAS is a chain of linked carbon and fluorine atoms, which do not degrade in the environment. Hence, they are known as “forever chemicals.” PFAS are pervasive in the environment, and there is currently no proven remedial technology for these toxins.
Products that contain PFAS include adhesives, food packaging, stain-resistant coatings, cleaning products, personal care products, and non-stick cooking surfaces. In addition, it is found in fire-fighting foam, clothing, pesticides, and many other everyday items that we use. These toxic chemicals have infiltrated our air, soil, and water supply.
Research regarding the health effects of PFAS has suggested a variety of concerns, including but not limited to:
- Increased cholesterol levels
- Heightened risk of kidney, liver, testicular, and other cancers
- Changes in liver enzymes
- Decreased vaccine response in children
- Increased risk of high blood pressure
- Ulcerative colitis
- Thyroid disease
The Centers for Disease Control and Prevention’s National Health and Nutrition Examination Survey (NHANES) reported that levels of PFAS chemicals are found in the blood of 97% of our nation’s citizens.
History of Litigation for PFAS
The State of Minnesota filed the first product liability lawsuit in 2010 against the 3M Corporation, claiming the company negligently discharged PFAS into their drinking water sources. They sought compensation for natural resource damages and were awarded $850 million to fund the affected areas’ drinking water and sustainability projects. Since that time, numerous states have sought litigation, including Michigan, in 2020, whose Attorney General filed claims against 17 companies that manufacture PFAS.
A high-profile class action personal injury lawsuit was settled in 2017 against DuPont on behalf of approximately 80,000 residents who suffered harm in Parkersburg, West Virginia. The area is close to DuPont’s Washington Works manufacturing complex. This lawsuit, which settled for $670 million, set legal precedence for claims based on the link between chemical exposure of PFAS and human health. Currently, PFAS scrutiny has sparked a wave of class action litigation nationwide for those suffering from adverse health conditions.
Important Questions to Consider for PFAS Litigation:
- Is the plaintiff’s exposure to PFAS in a residential community or an occupational setting such as a manufacturing plant?
- Is the plaintiff a firefighter, a member of the military, or in another high-risk occupation?
- Are there detectable concentrations of PFAS in the plaintiff’s blood?
- Is the plaintiff suffering from an adverse health condition linked to PFAS exposure?
- Does the plaintiff have pre-existing health conditions or disabilities that may contribute to their diagnosis?
- Is there medical documentation for the plaintiff that supports the possibility of toxicity from exposure to PFAS?
Statewide Legislative Policy Changes including the Statute of Limitations
Across the nation, victims of PFAS seek to recover the costs of contamination and exposure that have affected their health. It is certain that companies that use PFAS in manufacturing face significant legal issues. They are under scrutiny from state and federal regulatory agencies and government legislators. Lawmakers in many states are considering policy changes regarding toxic chemical regulation and litigation, including extending the statute of limitations for those impacted by PFAS. Some states have already made changes to extend the statute of limitations, and many are moving to phase out the use of PFAS in consumer products.
The Michael Brady Lynch Firm is A Leader in Complex Litigation
Our legal team is nationally recognized for our success in favorable settlements and verdicts on behalf of our clients. We have extensive experience in state and federal regulations, technical issues, and litigation regarding PFAS exposure. Let us prove that your prolonged exposure to PFAS was the proximate cause of your injuries resulting from the negligence of corporate conglomerates. We believe in working collaboratively and efficiently to advocate for our clients, even with multiple adversaries in state and federal courts across the nation.
If you have been harmed or a loved one has died from PFAS exposure, contact The Michael Brady Lynch Firm. We offer a no-obligation consultation to discuss your options. Call to schedule an appointment at (888)585-5970. We are passionate about getting our clients the results they deserve.
Resources:
https://www.niehs.nih.gov/health/topics/agents/pfc/index.cfm#footnote1
https://www.cdc.gov/biomonitoring/PFAS_FactSheet.html
https://www.atsdr.cdc.gov/pfas/health-effects/index.html
https://www.natlawreview.com/article/pfas-product-liability-cases-are-floodgates-now-
https://www.ewg.org/research/mapping-contamination-crisis
