Multimillion Dollar PFAS Contamination Settlements Receive Final Approval
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A federal judge has given final approval to two previously announced PFAS water contamination lawsuit settlements, clearing the way for finalization of what will combine to be more than $1 billion in settlement money.
Judge Richard Gergel, who is overseeing the multidistrict litigation for aqueous film-forming foam lawsuits, approved both a $750 million settlement involving Tyco Fire Products and a $316.5 million settlement involving BASF Corporation.
Tyco Fire Products had previously agreed to pay the hefty fee in April as part of a settlement with public water systems over potential contamination from its firefighting foam. According to the Milwaukee Journal Sentinel, that money was set to be distributed to cities that had filed lawsuits due to contamination.
BASF Corporation announced a similar settlement in May with public water systems that had detected PFAS, also known as forever chemicals, in their drinking water.
These settlements do not directly impact the lawsuits filed by individuals who claim they suffered serious adverse health effects as a result of PFAS contamination, but do resolve a significant chunk litigation related to public water systems who claimed their drinking water had been polluted by the forever chemicals.
Multiple settlements have been agreed upon in recent years as lawsuits continued to rise in relation to pollution from PFAS, which according to the Environmental Protection Agency are long-lasting chemicals that have been tied to serious health effects.
In 2023, 3M Company agreed to pay a $10.3 billion settlement with public water suppliers over similar claims. That settlement was approved in March.
PFAS Lawsuits Claim Chemicals Tied to Serious Health Issues
Litigation involving PFAS has been on the rise over concerns tied to the potential health impacts related to exposure to the chemicals.
One key source of contamination involving the chemicals has been aqueous film-forming foam (AFFF), a type of fire suppressant that has been present on military bases throughout the country. According to the Department of Veterans Affairs, the Department of Defense began using AFFF in the 1970s to fight fuel fires.
Settlements like the ones approved involving Tyco Fire Products and BASF Corporation stem from claims that those companies’ products have polluted public drinking water and led to the development of cancer and other health conditions.
Additionally, lawsuits have been filed by firefighters, first responders and other who were exposed to AFFF in their line of work and went on to develop serious health issues.
As of this month, there were more than 7,000 AFFF lawsuits pending in multidistrict litigation.
Continued exposure remains a risk as well, with AFFF still stored at some facilities. In August, a massive AFFF spill took place at an airport in Maine, releasing over 1,400 gallons of the substance. Maine officials at the time said the spill did not impact drinking water.
