PFAS are extremely useful in a firefighting context because they are chemicals known to resist oil, water, and oil. However, these chemicals also endanger ecosystems and public health. They can contaminate the groundwater and place nearby where the foam is used, including military bases and airports.
Unfortunately, it is believed that long-term exposure and build-up of major amounts of substances PFOA and PFOS in the body may lead to a wide range of cancers. These include breast, colon, renal, pancreatic, prostate, testicular, and bladder cancers, as well as lymphoma and leukemia. Individuals who have developed cancer and other health troubles as a result of exposure to firefighting foam are filing hundreds of AFFF lawsuits against those manufacturers who used PFAS in making the foam.
These individuals’ lawsuits have been consolidated into AFFF multidistrict litigation (MDL). In the legal procedure of centralizing cases withing an MDL, similar lawsuits are centralized in a district court where a judge can preside more efficiently and consistently over the group of cases. In this way, inconsistent rulings related to discovery and motion practice can be avoided, and this yields benefits to both plaintiffs and defendants. The AFFF MDL has been centralized in the United States District Court for the District of South Carolina, and it is made of up of the many pending firefighting foam claims.
Retain AFFF MDL Attorneys to Establish LiabilityIf you suffered cancer as a result of exposure to AFFF, you may be able to recover compensation for the harm done to you by filing a product liability lawsuit and joining in the MDL. It is crucial to retain an attorney who understands these types of technically complex lawsuits. Product liability laws are different state to state, but in general, their purpose is to place the blame on manufacturers or others in the chain of distribution, who are financially well-positioned due to profits from sales to address the harm done to you by their products.
In order to establish a manufacturer’s liability in a product liability lawsuit, our lawyers will need to prove the foam has a marketing, design, or manufacturing defect that makes it dangerous and that caused your injuries. Most of the time that requires us to retain one or more experts. However, generally, marketing defects involve failure to warn or to provide adequate warnings. Design defects are flaws in formulation that exist in every unit of the product. Development of a product with PFAS may lead to a defective design based on the outsize danger of PFAS, for instance. Manufacturing defects are flaws in how a product is made and whether there is a deviation from a safe design; usually these are one-off defects rather than defects that exist in all the units of the foam.
Our Chicago-based attorneys at Moll Law Group will also need to prove one or more theories of liability against the defendant. These could include negligence, strict liability, breach of warranty, and breach of contract. Theories of liability that may be asserted in a product liability case include strict liability, breach of warranty, and negligence. When we are able to establish liability, we may be able to recover compensatory damages for your injuries including medical expenses, lost wages, out-of-pocket expenses, pain and suffering, and mental anguish.
Consult Trustworthy Chicago-based AFFF MDL Attorneys As Soon As PossibleIf you believe you may have a claim that fits within the AFFF MDL, you should discuss your injuries and what happened with the seasoned trial lawyers of Moll Law Group. We represent injured plaintiffs and grieving families in product liability lawsuits across the country and may be able to represent you. Please call us at 312.462.1700 or complete our online form.