There have been a number of settlements in Multidistrict Litigation (MDL) 2873 In re: Aqueous Film-Forming Foams Products Liability Litigation over the last several months involving claims of drinking water contamination caused by aqueous film-forming foam (AFFF) products containing per- and polyfluoroalkyl substances, otherwise known as “forever chemicals” or “PFAs” manufactured by 3M Co., Tyco Fire Products LP and Chemguard Inc., DuPont Chemours and Corteva and BASF.
AFFF is a product used by firefighters that has been linked to drinking and groundwater contamination near military bases, airports and industrial sites where it was used to extinguish fuel fires; plaintiffs allege they have suffered personal injury, economic losses, and property damage and will require medical monitoring as a result of their exposure. PFAs have also been used in the manufacture of Teflon and other non-stick cookware, food packaging, stain-proof and water-resistant fabrics and have been linked to a number of health concerns including birth defects, increased cancer rates and elevated cholesterol and obesity rates.
Citing PFAs exposure and links to deadly cancers, impacts to the liver and heart, and immune and developmental damage to infants and children, in April 2024, the Environmental Protection Agency (EPA) issued its first national, legally enforceable drinking water standard for PFAs in May, establishing near-zero maximum contaminant levels, or MCLs, for six per- and polyfluoroalkyl substances (PFOA, PFOS, PFNA, PFHxS, and HFPO-DA, known collectively as GenX chemicals). The agency designated the chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.
Current settlements that are both proposed and finalized include:
- In February, 2024, presiding MDL Judge Richard M. Gergel of the U.S. District Court for the District of South Carolina approved a $1.18 billion dollar deal submitted by chemical companies DuPont and Chemours Co. and Corteva resulting from firefighting foam finding its way into public water systems. The manufacturers will also be responsible for remediating water systems that have already identified contaminants as well as the testing of water systems that have not yet been found to contain the chemicals.
- In April, 2024, a settlement worth up to $12.5 billion dollars was struck between plaintiffs and 3M Co. to be paid as a result of 3M’s PFAs contamination of nearly 12,000 public water systems. It was also approved by Judge Gergel.
- In June, 2024, Judge Gergel ordered the preliminary approval of a $750 million settlement agreement between the plaintiffs and Tyco Fire Products and Chemguard Inc.. The settlement is intended to encompass all federal claims brought by “every active public water system in the United States” as of May 15, 2024 as a result of water contamination by AFFF chemicals manufactured by Tyco.
- Plaintiffs in the MDL are now seeking approval of a $316 million class action settlement with manufacturer BASF Corp. The request was filed on June 3 and asks Judge Gergel to certify the settlement class and finalize the agreement.
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Resources
https://www.law360.com/articles/1872306/the-biggest-product-liability-cases-of-2024-a-midyear-report
https://www.law360.com/articles/1871280/3m-wants-conn-firefighters-pfas-case-paused-for-mdl
https://www.aviationpros.com/aoa/article/55091081/how-cerclas-new-pfas-regulations-impact-airports
https://www.doj.nh.gov/news-and-media/new-hampshire-receive-millions-pfas-settlements
https://www.law360.com/articles/1846803/tyco-s-750m-pfas-deal-in-foam-co-mdl-gets-initial-ok
https://www.law360.com/articles/1869592/santa-monica-sues-3m-dupont-over-pfas-contamination
https://www.law360.com/articles/1869770/michigan-s-airport-pfas-pollution-suit-escapes-foam-mdl
https://www.law360.com/articles/1850169/costco-sued-over-pfas-in-kirkland-brand-baby-wipes
https://www.law360.com/articles/1856812/nc-utility-s-pfas-suit-survives-dismissal-bid
https://www.law360.com/articles/1871280/3m-wants-conn-firefighters-pfas-case-paused-for-mdl
https://www.law360.com/articles/1819762
