The ongoing AFFF (Aqueous Film-Forming Foam) multidistrict litigation, MDL 2873, has received a lot of attention. It’s due to the health risks associated with PFAS (per- and polyfluoroalkyl substances) found in firefighting foams. These substances have been connected to serious health problems like liver damage, cancer, and immune system malfunction.
By the middle of 2024, nearly 1,000 plaintiffs—mostly firefighters—have joined the case against big chemical producers. 3M and DuPont were accused of negligence and failing to warn of the risks associated with PFAS).
The National Firefighter Registry (NFR) has become a vital resource during this legal dispute. The Registry was created to monitor firefighter health and exposure to dangerous substances. It also offers insightful information that bolsters plaintiffs’ claims and emphasizes how widespread PFAS exposure is among firefighters. Let us discuss this further.
The Ongoing AFFF MDL
Firefighters and others exposed to AFFF have filed multiple AFFF lawsuits, which are consolidated in MDL 2873. These lawsuits claim that 3M and DuPont intentionally manufactured and distributed firefighting foams containing PFAS without providing sufficient health risks. The plaintiffs contend that chronic exposure to these chemicals has resulted in serious health issues, such as cancers.
A 2023 report shed light on corporate documents showing serious risks. For more than 40 years, these manufacturers knew there were risks connected to PFAS but nevertheless promoted their products. The plaintiffs’ case has been strengthened by this evidence. It demonstrated a pattern of negligence and put profits ahead of employee safety.
Settlement discussions are currently underway, with mounting evidence putting significant pressure on the defendants to reach an agreement. The NFR data is expected to be critical in these discussions, providing a solid foundation for claims. The insights from the data also emphasize the need for accountability and regulatory changes.
What is the National Firefighter Registry?
The National Firefighter Registry is a meticulous database created to collect and analyze information about firefighters in the United States. It was created in response to the long-standing demand for systematic monitoring of health outcomes. The database also covers occupational risks faced by firefighters.
The NFR provides information that can enhance protective measures, guide policy decisions, and support research on occupational health hazards. Behind all, the core goal is improving the health and safety of firefighters.
Growing worries for firefighters, while being exposed to toxic substances like AFFF, prompted the creation of the NFR, reports CDC. The Firefighter Cancer Registry Act, which was passed by the US Congress in 2018, was a response to these worries. It required the creation of a nationwide registry to track and investigate the health effects of fighting fires. The registry was opened to firefighters in March 2023.
What are the Implications of the NFR for the AFFF MDL?
The AFFF MDL 2873 benefits greatly from the vital information the NFR provides regarding exposure and firefighter health outcomes. Here’s how the NFR impacts the ongoing litigation:
Providing Information for Research Projects
The registry gathers long-term health information, providing a thorough picture of the long-term effects on firefighters’ health. This information supports the notion that PFAS exposure is to blame for the poor health outcomes observed in firefighters. Furthermore, the data helps identify patterns of illness.
For example, a late 2023 study discovered that firefighters’ blood levels of PFAS are higher compared to the general public. To further support the health risks associated with PFAS, another 2022 study was published in the Environmental Health Perspectives. The findings had already validated specific genetic markers that may increase susceptibility to health issues related to PFAS. In turn, these findings serve as vital scientific proof that strengthens the plaintiffs’ position in court.
Offering Proof to Assist Plaintiffs
According to TruLaw, proving causation has always been a challenge for plaintiffs in the AFFF case. The NFR can be used by firefighters who are part of the MDL. It would be of immense help for reliable and consistent proof of their exposure and any ensuing health problems. This expedites the legal process and strengthens the case overall by lessening the burden of proof on individual plaintiffs.
This information has given arguments a strong basis, illustrating the pervasiveness of PFAS’ effects and the demand for responsibility.
Can the NFR Influence Policy Changes?
The NFR data also support the use of safer PFAS substitutes and stricter laws governing the use of PFAS. Providing evidence of the pervasive effects of PFAS can help advance policy changes that put safety and prevention first. Resolved lawsuits may result in more stringent regulatory monitoring and improved firefighter safety protocols.
A number of states have already introduced legislation that would restrict or outlaw products—including firefighting foam—that contain PFAS. For instance, Washington State outlawed the use of PFAS in firefighting foam. 24 other states, including California, Maine, and Connecticut, have since done the same, reports The Washington Post.
By highlighting the acknowledged risks of PFAS, these legislative measures could affect the outcome of the MDL 2873 lawsuit. It can also represent a larger trend toward the phase-out of hazardous substances.
The National Firefighter Registry is an invaluable resource in the ongoing AFFF MDL. The reason is that it provides critical data on firefighter exposure to hazardous substances and their health consequences. To take the cause forward, firefighters must undergo cancer screenings and join the registry with their results.
