We have helped to secure more than $80 billion in jury verdicts and settlements since 1955.
Our law firm is accepting cases on behalf of individuals who have developed cancer as a result of perfluoroalkyl substances (FDAS) exposure as well as government and private entities who are remediating PFAS contamination.
Unfortunately, largely because of manufacturing and industrial use, PFAS have been detected in public and private water supplies across the country. Remediation is difficult and costly. Our firm is assisting public and private entities in recovering costs involved in the removal and remediation of PFAS. We also represent individuals who have been diagnosed with cancer that resulted from extensive exposure to PFAS, such as firefighters.
April 19, 2024: The Environmental Protection Agency (EPA) classified two persistent chemicals, commonly used in cookware, carpets, and firefighting foams, as hazardous substances. This move aims to expedite the cleanup of these toxic compounds and mandates industries and other responsible parties to bear the costs of their removal. Although designating them as hazardous substances under the Superfund law doesn’t prohibit the use of the chemicals, namely PFOA and PFOS, it mandates the reporting of their release into soil or water to federal, state, or tribal authorities if they exceed specific thresholds. Subsequently, the EPA may enforce cleanups to safeguard public health and recover cleanup expenses, which can be substantial.
April 18, 2024: The United Nations Human Rights Council issues statement that, “DuPont and Chemours have produced, marketed and profited from PFAS for decades, contributing to a global toxic contamination problem.” [WRAL News]
April 16, 2024: Tyco Fire Products LP, a subsidiary of Johnson Controls, has agreed to a $750 million settlement to address PFAS contamination claims in U.S. public water systems. The deal is part of a larger multidistrict litigation and will be paid in two installments, beginning in May 2024. This settlement releases claims against Tyco, its business unit Chemguard, Inc., and related entities. It excludes claims from certain water systems and does not address other ongoing PFAS litigation, including personal injury and property damage.
April 8, 2024: A study published in Nature Geoscience discusses the underestimated global burden of PFAS (per- and polyfluoroalkyl substances) concentrations, highlighting the pervasive and harmful nature of these chemicals. PFAS, commonly found in various consumer products and linked to adverse health effects, are more widespread and persistent than previously acknowledged. Recent studies reveal higher PFAS levels in drinking water and wildlife, indicating a broader environmental impact. The article emphasizes the urgent need for comprehensive regulation and monitoring to address the growing threat posed by PFAS contamination worldwide. [Study Reveals Global Burden of PFAS Concentrations in Water Has Been Underestimated – Levin Law]
December 21, 2023: LPR attorney Wes Bowden issued a response to 3M’s announcement of ceasing PFAS manufacturing, branding it as “too little, too late.” Despite 3M’s decision to halt production due to environmental and health concerns associated with PFAS chemicals, critics argue that it fails to rectify the damage caused by decades of PFAS contamination. The attorney highlights ongoing lawsuits against 3M for its role in PFAS pollution and calls for stricter regulations to address the extensive harm inflicted on communities and ecosystems by these persistent chemicals. [“Too Little Too Late,” Says LPR Attorney of 3M Announcement to Exit PFAS Manufacturing – Levin Law]
December 1, 2023: In a landmark lawsuit settlement, PFAS manufacturers agree to pay the State of Ohio over $100 million as compensation for the harm caused by PFAS contamination. The settlement marks a significant victory for communities affected by PFAS pollution, holding the manufacturers accountable for their role in the widespread environmental and health crisis. [PFAS Creators Agree to Pay Over $100 Million in Levin Papantonio Rafferty Lawsuit – Levin Law]
July 5, 2023: A report from the United States Geological Survey (USGS) reveals that nearly half of the nation’s tap water is contaminated with per- and polyfluoroalkyl substances (PFAS). [Almost Half of U.S. Tap Water Tainted by Forever Chemicals – Levin Law]
June 27, 2023: LPR announced a successful negotiation with 3M Co., a defendant in the national litigation Aqueous Film-Forming Foams (AFFF) Products Liability Litigation MDL No. 2873. The result is a $12.5 billion settlement agreement with the chemical manufacturer. Under the terms, 3M will pay between $10.5 billion and $12.5 billion to settle lawsuits related to the contamination of drinking water systems across the country with harmful per- and poly-fluoroalkyl substances (PFAS). Water providers will receive compensation to facilitate water testing, infrastructure improvements, and ongoing maintenance to ensure drinking water safety. The settlement will be disbursed over a 13-year period. [Plaintiffs Reach $12.5 Billion Settlement With 3M Over Water Pollution – Levin Law]
June 2, 2023: LPR and plaintiffs’ attorneys secure a $1.185 billion settlement for PFAS-affected communities through legal action against PFAS manufacturers Dupont, Chemours, and Corteva, defendants in the Aqueous Film-Forming Foams (AFFF) Products Liability Litigation. This agreement will offer essential financial support to water suppliers across Florida and the country to address the PFAS emergency. Pensacola Law Firm Scores Major Victory in Fight to Clean Up PFAS in Water – Levin Law
June 2, 2023: LPR Attorneys Wes Bowden and Ned McWilliams are taking prominent roles in an upcoming firefighting foam trial set to begin on Monday in the City of Stuart. Stuart has been selected as the initial location for one of three bellwether trials within the Aqueous Film-Forming Foams (AFFF) Products Liability Litigation MDL No. 2873. Bowden, along with LPR Attorney Ned McWilliams and Gary Douglas of the Douglas and London Firm, will act as trial counsel for the City in the case titled City of Stuart, Fl. v. 3M Co. et al. (No. 2:18-cv-03487). [First Bellwether Trial in National Firefighting Foam Litigation Starts Monday in City of Stuart, Florida – Levin Law]
May 12, 2023: The U.S. District Court for the District of South Carolina Charleston Division has denied 3M’s comprehensive motion to dismiss expert testimony for an upcoming trial. In this case, the City accuses the Defendants of contaminating its water supply with per- and poly-fluoroalkyl substances (PFAS) through aqueous film-forming foam (AFFF). [Court Allows Expert Testimony in First AFFF Bellwether Trial Against 3M – Levin Law\
March 14, 2023: The EPA proposed the first national drinking water standard for per- and polyfluoroalkyl substances (PFAS). The suggested standard would mandate a maximum contaminant level of 4 parts per trillion (ppt) for both PFOA and PFOS. [Finally, EPA Aims to Make Drinking Water Safe – Levin Law]
The sale of PFAS has been a major source of revenue for companies such as DuPont and 3M. As a critical component in the creation of water and stain repellents for textiles (i.e., fabric, carpet, and upholstery), PFAS represents an annual revenue stream of $1 billion. The secondary market for PFAS is in emulsifiers for lubricants, spray-on coatings, paints, and polishes. Sales in this area account for an additional $100 million per year.
PFAS are also used as an ingredient in the manufacturing of:
Because PFAS have been used so extensively over several decades, it is present virtually everywhere in the environment. In June 2017, the Environmental Working Group published a report that found PFAS contamination in water supplies in 27 states across the country, affecting approximately 15 million Americans. These chemicals have been found in varying amounts in the blood of virtually all humans as well as domestic animals and wildlife. These chemicals were listed in 2009 as “persistent organic pollutants,” or POPs, under the Stockholm Convention, an international treaty ratified in 2004 in order to bring an end to the manufacture and use of non-biodegradable substances such as PFAS.
Unfortunately, PFAS are highly resistant to environmental degradation through natural processes such as decay and sun and weather exposure. Once released into the environment, PFAS remain almost indefinitely. Scientific studies show the half-life (the length of time needed for half of the amount of a substance to degrade) of PFAS to be 10,000 years. When released into water supplies, that half-life is more than 1 million years.
The impact of PFAS on human and animal health are varied and serious, and can result from exposure levels as little as 1 part per trillion. PFAS is a recognized human carcinogen. Exposure can cause cancer and numerous other diseases. Our firm is currently representing individuals who were exposed to PFAS and have developed:
PFAS enters the water supply primarily through the discharge of industrial waste. This can happen in rivers and streams, but can also occur when such waste products end up on the ground as well. When it rains, these substances make their way into underground aquifers. Unfortunately, the problem does not end there. Because PFAS are not biodegradable, they accumulate as they make their way into the food chain.
As PFAS are used in fire suppressant foams, one probable source is fire training facilities as well as places that have recently experienced serious fires. Because PFAS are often a component of heavy-duty lubricants and hydraulic fluids, contamination is commonly found in water sources near military bases and industrial sites. Water wells near a former US Air Force base in Michigan were found to contain 10,000 times the lifetime health advisory set by the EPA. In July of 2018, Michigan Lt. Governor Brian Calley declared a state of emergency over levels of PFAS in water supplies in two Kalamazoo communities.
According to a peer-reviewed study published in the journal Environmental Research in August 2018, approximately 6 million Americans are still exposed to water contaminated with PFAS that exceed EPA advisory levels. A recent map from the Environmental Working Group shows serious levels of PFAS contamination in water supplies for cities and towns along the Atlantic seaboard, the California Coast and south Puget Sound.
Unfortunately, the options for removing PFAS contamination from water supplies are limited and expensive. Granular activated carbon (GAC) filtration can remove 99.9% of PFOA and PFOS. However, shorter chain PFASs, such as GenX, require more intensive filtration methods such as ion exchange and reverse osmosis. Putting such equipment in place and starting the filtration process can cost over $1 million. Annual ongoing expenses run into the six-figure range, putting a heavy burden on affected communities.
In February 2018, the State of Minnesota reached a settlement with 3M, a manufacturer of the water-repellent Scotchgard. The settlement resolved litigation that had been going on since 2010. Three months earlier, state health authorities discovered an unusual number of premature births and cases of cancer in the Minneapolis area. Because of this, state Attorney General Lori Swanson announced that she would be seeking punitive damages that would have cost the defendant $5 billion. Just before the case was scheduled to go to trial, 3M settled the case for $850 million but has not admitted to any wrongdoing. According to AG Swanson, the settlement funds will be used for PFAS removal.
Currently, our firm is working with public and private utility companies in recovering the massive costs involved in PFAS removal from water supplies. Defendants include PFAS manufacturers as well as companies that use such chemicals in their manufacturing processes or finished products.
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