Aqucous Film Forming Foam (AFFF) is a type of firefighting foam that has been used for decades to extinguish fires at airports, military bases, and other industrial facilities. However, AFFF contains per- and polyfluoroalkyl substances (PFAS), which are a group of chemicals that have been linked to a variety of health problems, including cancer.
In recent years, thousands of people have filed lawsuits against 3M, the manufacturer of AFFF, alleging that exposure to the foam caused them to develop cancer and other health problems. The lawsuits have been consolidated into a multidistrict litigation (MDL) in the U.S. District Court for the District of South Carolina.
Recent Developments in the MDL
In 2022, there were a number of significant developments in the 3M AFFF foam MDL. In September, the MDL judge rejected 3M’s motion for summary judgment, in which 3M argued that it was immune from liability under the government contractor defense. The judge found that the government contractor defense did not apply because 3M withheld information from the government about the potential health risks of AFFF.
In December, the MDL judge issued a case management order that set a schedule for the first bellwether trials in the MDL. The first bellwether trial, which will involve a municipal water supply contamination case, is scheduled to begin in June 2023.
What to Expect in 2023
In 2023, the 3M AFFF foam MDL is expected to move forward with bellwether trials. Bellwether trials are selected by the court to be representative of the broader group of cases in the MDL. The outcome of bellwether trials can be influential in settlement negotiations.
In addition to the bellwether trials, the MDL judge is also expected to rule on a number of other important motions, such as 3M’s motion to dismiss the class action claims.
Conclusion
The 3M AFFF foam MDL is a complex and fast-moving case. However, the recent developments in the MDL suggest that the plaintiffs are gaining momentum. It is possible that 2023 could be a year of significant progress in the MDL, with bellwether trials and rulings on important motions.
FAQs
Q: What is AFFF foam?
A: AFFF foam is a type of firefighting foam that has been used for decades to extinguish fires at airports, military bases, and other industrial facilities. However, AFFF contains per- and polyfluoroalkyl substances (PFAS), which are a group of chemicals that have been linked to a variety of health problems, including cancer.
Q: What are the health risks of exposure to AFFF foam?
A: Exposure to AFFF foam has been linked to a variety of health problems, including cancer, kidney disease, liver damage, reproductive problems, and developmental problems in children.
Q: Who is eligible to file a lawsuit against 3M?
A: Anyone who has been exposed to AFFF foam and has developed a health problem that is linked to PFAS exposure may be eligible to file a lawsuit against 3M.
Q: What is the status of the 3M AFFF foam MDL?
A: The 3M AFFF foam MDL is in the discovery phase. Bellwether trials are scheduled to begin in June 2023.
Q: When will the 3M AFFF foam MDL be resolved?
A: It is difficult to say when the 3M AFFF foam MDL will be resolved. However, it is possible that the MDL could be resolved in 2023 or 2024.
Q: How much money could I receive if I win my case in the 3M AFFF foam MDL?
A: The amount of money that you could receive if you win your case in the 3M AFFF foam MDL will depend on the severity of your injuries and the strength of your case. However, some plaintiffs have received millions of dollars in settlements and verdicts.
References
- Lawsuit Information Center: AFFF Lawsuit
- Miller & Zois: AFFF Lawsuit October 2023 Update
- LezDo TechMed: AFFF Lawsuit update 2023: What is the Anticipated Outcome?
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