PFAS / AFFF Firefighting Foam Litigation

Who May Have a Claim

Trust Injury Law represents a wide range of clients impacted by PFAS contamination, including:

• Firefighters (civilian, military, and airport personnel) repeatedly exposed to AFFF during training or emergency response
• Service members stationed at military bases with contaminated water
• Residents and communities whose water supplies tested positive for PFAS
• Municipalities and water authorities incurring cleanup and filtration costs

What Are PFAS and AFFF?

PFAS (per- and polyfluoroalkyl substances) are synthetic chemicals used in firefighting foam, military bases, airports, and industrial applications. When used in AFFF, these chemicals persist in the environment indefinitely — contaminating soil, groundwater, and human bloodstreams.

Health Risks Linked to PFAS Exposure

Scientific studies and government investigations have connected PFAS exposure to:

Our Legal Focus

Trust Injury Law's litigation team works alongside leading environmental experts and co-counsel firms nationwide to:

• Investigate historical use of AFFF and local contamination sources — tracing where and when exposure occurred
• Identify and test affected water supplies — documenting contamination levels and exposure pathways
• Trace exposure pathways for individual clients — connecting occupational or residential exposure to health outcomes
• Hold manufacturers accountable — including 3M, DuPont, Chemguard, and others who knew of the dangers
• Seek compensation — for medical expenses, property damage, and long-term health monitoring

Our approach emphasizes precision, documentation, and compassion — ensuring every case is fully substantiated and ethically pursued.

Viable Legal Theories & Claims

Evidence Collection & Preservation

Critical Evidence Categories

Exposure Documentation

Medical Records

• Cancer diagnosis and pathology reports
• Treatment records and oncology notes
• Thyroid function tests and endocrine evaluations
• Liver function tests
• Cholesterol and cardiovascular assessments
• Fertility and reproductive health records

Discovery Targets Against Manufacturers

• Internal Research: Company studies on PFAS toxicity dating back to 1960s-1970s
• Warning Failures: Communications showing knowledge of risks without adequate warnings
• Marketing Materials: Claims of safety despite known hazards
• Regulatory Communications: Interactions with EPA, FDA, and other agencies
• Alternative Formulations: Evidence safer alternatives were available but not used
• Financial Documents: Revenue from AFFF sales vs. cost of safety measures

Damages Framework

Economic Damages

• Medical Expenses: Cancer treatment, surgery, chemotherapy, radiation, ongoing care
• Future Medical Care: Long-term monitoring, recurring treatment, life care planning
• Lost Wages: Time off for treatment, reduced work capacity
• Lost Earning Capacity: Inability to return to firefighting or prior occupation
• Property Damage: Devaluation of contaminated property, cleanup costs
• Municipal Costs: Water filtration systems, infrastructure upgrades, testing programs

Non-Economic Damages

• Pain and Suffering: Physical pain from illness and treatment
• Emotional Distress: Anxiety, depression, fear of recurrence
• Loss of Enjoyment of Life: Inability to engage in activities, hobbies, physical pursuits
• Loss of Consortium: Impact on family relationships
• Disfigurement: Surgical scars, physical changes from treatment

Punitive Damages

Available when manufacturers demonstrated:

• Knowledge of PFAS toxicity as early as the 1970s
• Deliberate concealment of health and environmental risks
• Continued production and sale despite known dangers
• Fraudulent misrepresentation of product safety
• Prioritizing profits over public health and safety

Client Intake & Case Evaluation

Initial Screening Questions

1. Occupation and exposure history? (Firefighter, military, airport worker, resident near base/airport)
2. Dates and duration of AFFF exposure? (Training exercises, emergency responses, years of service)
3. Location of exposure? (Specific base, fire department, airport, residence)
4. Type of diagnosis? (Cancer type, thyroid disease, other qualifying conditions)
5. Date of diagnosis? (Statute of limitations varies by jurisdiction)
6. Water testing available? (Municipal reports, private well tests showing PFAS levels)
7. PFAS blood testing completed? (Serum levels of PFOA, PFOS, other compounds)
8. Current treatment status? (Active treatment, remission, ongoing monitoring)

Evidence Preservation Instructions

Immediately instruct clients to:

• Gather all employment/military service records showing AFFF exposure
• Request water quality reports from municipality or base
• Obtain PFAS blood serum testing if not already done
• Collect all medical records related to diagnosis and treatment
• Document timeline of exposure and symptom onset
• Preserve photographs or videos showing foam use
• Identify potential witnesses (coworkers, fellow service members)

MDL vs. Individual Claims

Consider factors when determining litigation path:

• MDL Advantages: Coordinated discovery, bellwether trials, economies of scale
• Individual Claims: Faster resolution potential, state-specific laws, unique circumstances
• Municipal Claims: Often pursue cost recovery separately from personal injury MDL
• Settlement Considerations: Monitor MDL settlements and benchmarks