Per- and polyfluoroalkyl substances, commonly known as PFAS, are a group of human-made chemicals that have been used in a multitude of industries for their grease and water-resistant properties. The broad use of these chemicals has resulted in contamination of water systems across the United States, leading to significant environmental and health issues.
This blog provides an update of the ongoing PFAS contamination lawsuit, with affected communities seeking justice for the severe health issues linked to exposure.
What are PFAS?
Per- and polyfluoroalkyl substances are a family of over 10,000 human-made chemicals that have been widely used in the US, primarily in industrial and oil processing activities. PFAS are used in the manufacture of a wide range of products such as food packaging, non-stick cookware, textiles, and more based on their ability to repel both grease and water. These chemicals are known as “forever chemicals” because they are nearly indestructible and can last thousands of years.
What is the PFAS contamination lawsuit?
The use of PFAS has led to widespread water contamination, exposing entire communities across the United States. The mass tort lawsuit for PFAS is seeking legal action against the manufacturers of PFAS for water contamination resulting in severe health issues including kidney cancer, liver cancer, testicular cancer, and ulcerative colitis.
What are recent key developments?
Broughton Partners Take: The MDL Judge, Richard Gergel, is expected to rule on Daubert in Q1 2025. The first bellwether trial is set for October 2025, but it is believed that it will settle before that date, similar to how the municipality cases settled.
November 2024: Former 3M Scientist Blows the Whistle
Kris Hansen, a former 3M scientist whose father worked at 3M as a scientist as well, alleged in an interview with CBS News that the company knew about the dangers of PFAS and intentionally concealed the risks. She reported that in 1997, she found markers for PFAS in multiple blood samples, revealing a cover-up that spans decades.
October 2024: $730 Million Settlement Reached
Carrier Global reached a $730 million settlement in Delaware Federal Court, resolving claims related to its subsidiary Kidde-Fenwal and PFAS plaintiffs. Kidde-Fenwal, a manufacturer of firefighting foams containing PFAS, was implicated in the contamination of drinking water near airports and Air Force bases. Under the settlement terms, Carrier will allocate $540 million to Kidde-Fenwal and $190 million to PFAS plaintiffs.
May 2024: BASF Settles for $316.5 Million
German chemical company BASF announced a $316.5 million settlement with multiple U.S. public water systems that claimed their water supplies were contaminated by PFAS found in the company’s firefighting foam. The settlement will provide funds to help cities, towns, and other public water systems address contamination from PFAS. BASF stated that the settlement does not constitute an admission of liability or wrongdoing and that it will seek to recover the settlement amount through its numerous insurance policies.
April 2024: EPA Advances Regulations, Johnson Controls Unit Settles for $750 Million
The EPA designated two PFAS chemicals, PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonic acid), as hazardous substances under the Superfund law. This action is designed to improve transparency and accountability to clean up PFAS contamination in communities.
Tyco Fire Products, a subsidiary of Johnson Controls, agreed to a $750 million settlement with U.S. public water systems for contaminating their water supplies. Tyco used firefighting foam containing PFAS that it manufactured at its training facility in Marinette, Wisconsin. Johnson Controls stated that the settlement does not constitute an admission of liability or wrongdoing by Tyco.
2023: Billion dollar settlements from 3M, Chemours Co., DuPont de Nemours Inc., and Corteva
In June 2023, 3M agreed to a $10.3 billion settlement, to be paid over 13 years, to resolve hundreds of claims that it contaminated public drinking water with PFAS chemicals. Similarly, Chemours Co., DuPont de Nemours Inc., and Corteva reached a settlement of $1.19 billion with U.S. water providers.
What is the extent of PFAS contamination?
According to data collected by the Environmental Protection Agency (EPA) and Northeastern University, water systems in all 50 states have been contaminated with PFAS. Since PFAS are extremely persistent and mobile in water, they remain intact for long periods of time and can be easily transported over long distances. The EPA’s data, along with reporting from individual states and other sources, confirms that 130 million people throughout the U.S. have drinking water that has tested positive for PFAS.
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