Carrier Global Corp has announced a group of settlement agreements in an effort to resolve the ongoing lawsuits surrounding Aqueous Film-Forming Foam (AFFF), a substance used by firefighters, which has been linked to serious health concerns.
The three settlements – which were revealed in an SEC filing that the company released on Friday — will total $615 million and be paid out over five years.
The agreement includes a settlement with Carrier’s former subsidiary, Kidde-Fenwal (KFI), and the committee of unsecured creditors formed in KFI’s bankruptcy. Plaintiffs within the AFFF multidistrict litigation in South Carolina are also part of the settlement.
KFI previously manufactured the aqueous film-forming foam used for firefighting that has been tied to serious health issues and contaminated water supplies.
“The second and third of the Proposed Settlements release a very substantial amount of current and future direct claims against Carrier,” the company said in its filing. “…Non-settling parties may still assert direct AFFF-related claims, although we expect a vast majority of public water providers and airports will participate in the Direct Claims Settlements.”
A History of AFFF-Related Litigation
This is the latest development in Carrier’s ongoing efforts to move past the litigation involving Kidde-Fenwal.
Firefighters and first responders have filed lawsuits over exposure to the chemicals once produced by the company, while public water systems have also entered litigation over contamination claims.
According to Reuters, Kidde-Fenwal was named as a defendant in 4,400 AFFF lawsuits between 2016 and 2023. The company filed for bankruptcy last year as it struggled to handle the mounting litigation against it.
Kidde-Fenwal became a subsidiary of Carrier as part of Carrier’s spinoff from United Technologies Corp in 2020. Carrier has worked to distance itself from the company, which sold AFFF products from 2007 to 2013, and announced that it would not support the company financially before it filed for Chapter 11.
Carrier went on to sell Kidde-Fenwal to Pacific Avenue Capital Partners earlier in 2024.
AFFF Lawsuits Claim Contamination, Exposure Cause Serious Health Conditions
In recent years, significant litigation involving numerous companies has linked AFFF and firefighting foam exposure with serious health concerns. As of this month, nearly 10,000 AFFF lawsuits were pending in multidistrict litigation.
Manufacturers such as 3M, BASF Corporation and DuPont have been named as defendants.
Lawsuits have blamed health issues like kidney cancer, testicular cancer, bladder cancer and ulcerative colitis on exposure to firefighting foam and the PFAS chemicals used in the foam.
Much of the contamination related to AFFF has stemmed from military bases and airports where the foam has been stored and used for fire suppression.
Just this August, a massive AFFF spill at an executive airport in Maine resulted in over 1,400 gallons of the foam being discharged due to a faulty fire suppression system.
New lawsuits continue to be filed each month.