Per- and Polyfluoroalkyl Substances (PFAS) are a group of man-made chemicals that have been widely used in various industries since the 1940s for their water- and stain-resistant properties. Found in products like non-stick cookware, firefighting foams, and water-repellent fabrics, PFAS are highly persistent in the environment and human body, earning them the nickname “forever chemicals.” Over the years, extensive research has linked PFAS exposure to numerous health issues, including cancer, liver damage, thyroid disease, and developmental problems.
As awareness of the health risks associated with PFAS grows, individuals and communities affected by PFAS contamination increasingly seek legal recourse. PFAS injury lawsuits aim to hold manufacturers and users of these chemicals accountable for the harm caused by their products. These lawsuits can compensate for medical expenses, property damage, and other losses from PFAS exposure.
Why Choose Our PFAS Injury Attorneys?
Choosing our PFAS injury attorneys means partnering with a team with the expertise, resources, and dedication to handle your case effectively. Our experienced mass tort lawyers offer comprehensive legal support, operate on a contingency fee basis, and are committed to achieving your best possible outcome.
Specialized Knowledge
Our attorneys have extensive knowledge and expertise in PFAS (Per- and Polyfluoroalkyl Substances) litigation. They are well-versed in the science, regulatory landscape, and health impacts of PFAS, which enables them to build strong, evidence-based cases.
Proven Track Record
Our legal team has a proven track record of successfully handling PFAS injury lawsuits. We have secured significant settlements and verdicts for our clients, demonstrating our ability to advocate for those affected by PFAS contamination effectively.
Personalized Attention
We provide personalized attention to each case, ensuring that every client receives the individualized support and resources they need. Our attorneys take the time to understand your unique circumstances and develop a tailored legal strategy.
Full-Service Representation
We offer comprehensive legal representation from the initial consultation to the resolution of your case. Our services include investigating the source of PFAS exposure, gathering critical evidence, working with expert witnesses, and navigating the complexities of the legal process.
Medical and Scientific Experts
Our firm collaborates with leading medical and scientific experts to substantiate the link between PFAS exposure and health impacts. These experts are crucial in providing credible testimony and strengthening your case.
What Are PFAS?
PFAS (Per- and Polyfluoroalkyl Substances) are a group of man-made chemicals that have been used in various industries around the globe since the 1940s. They are known for their resistance to heat, water, and oil, which makes them incredibly useful in a wide range of products but also contributes to their persistence in the environment and the human body.
Types of PFAS
There are thousands of PFAS chemicals, but some of the most commonly studied and discussed include:
● PFOA (Perfluorooctanoic Acid)
● PFOS (Perfluorooctane Sulfonate)
● PFNA (Perfluorononanoic Acid)
● GenX chemicals (replacement for PFOA)
Each type has slightly different properties and uses, but all share the characteristic of being highly persistent in the environment.
Common Uses in Industry and Consumer Products
PFAS have been utilized in various applications due to their unique chemical properties.
Common uses include:
● Non-stick cookware (e.g., Teflon)
● Water-repellent fabrics (e.g., Gore-Tex)
● Stain-resistant coatings for carpets and upholstery
● Firefighting foams
● Food packaging materials
● Cosmetics and personal care products
● Industrial processes such as electroplating and electronics manufacturing
How Are People Exposed to PFAS?
The widespread use of PFAS and their persistence in the environment have led to multiple exposure pathways affecting human health.
Some food packaging can contain PFAS, including:
● Grease-resistant Paper: Used in fast food wrappers, microwave popcorn bags, and pizza boxes.
● Non-stick Cookware: Coatings on cookware can degrade over time, releasing PFAS into food.
People can also be exposed through the food chain, such as:
● Seafood: Fish and shellfish from contaminated waters can accumulate PFAS.
● Agricultural Products: Crops grown with contaminated water or on contaminated soil can absorb PFAS.
● Livestock: Animals drinking contaminated water or eating contaminated feed. Numerous consumer products contain PFAS, leading to direct and indirect exposure.
● Stain-Resistant Fabrics: Carpets, upholstery, and clothing treated with PFAS for water and stain resistance.
● Cleaning Products: Certain cleaning agents and waxes contain PFAS for their durability and resistance properties.
● Personal Care Products: Cosmetics, shampoos, and dental floss may contain PFAS for their water-repellent qualities.
Dust in homes can also contain PFAS from consumer products, leading to inhalation or ingestion, especially in young children who play on the floor.
PFAS Found in Drinking Water
There are several ways PFAS can end up in your drinking water.
● Industrial Discharges: Factories producing or using PFAS release these chemicals into nearby water bodies. Common industries include chemical manufacturing, textile treatments, and metal plating.
● Firefighting Foams: Use of PFAS-containing foams at military bases, airports, and firefighting training sites. Runoff from these sites can contaminate groundwater and surface water.
● Landfills and Waste Disposal: Leachate from landfills containing PFAS-laden waste can seep into groundwater. Improper disposal of PFAS-containing products contributes to contamination.
● Wastewater Treatment Plants: Treated wastewater can still contain PFAS, which can enter water bodies used for drinking water sources.
Health Effects & Symptoms of PFAS
PFAS exposure has been linked to a wide range of adverse health effects, both short-term and long-term. Due to their persistence in the environment and ability to bioaccumulate, PFAS pose significant risks to human health.
Short-term Health Effects
Short-term exposure to PFAS can lead to various immediate health concerns, although these effects may vary depending on the level and duration of exposure.
Elevated Cholesterol Levels
● Increased LDL (low-density lipoprotein) cholesterol levels, a risk factor for cardiovascular disease.
● Alterations in lipid metabolism, potentially leading to other metabolic disorders.
Immune System Effects
● Reduced effectiveness of vaccines, particularly in children.
● Increased susceptibility to infections and reduced immune response.
Changes in Liver Enzymes
● Elevated liver enzymes indicating liver stress or damage.
● Potential development of liver disease with prolonged exposure.
Long-term Health Effects
● Long-term exposure to PFAS is associated with more severe and chronic health conditions, often manifesting after years of accumulation in the body.
Increased Risk of Cancer
● Kidney Cancer: Strong evidence links PFAS exposure to kidney cancer.
● Testicular Cancer: Elevated risk of testicular cancer associated with PFAS, particularly PFOA.
Thyroid Disease
● Disruption of thyroid hormone regulation.
● Increased risk of hypothyroidism, especially in women.
Liver Damage
● Non-alcoholic fatty liver disease (NAFLD) and other liver conditions.
● Potential progression to cirrhosis or liver cancer with continued exposure.
Reproductive and Developmental Issues
● Pregnancy Complications: Increased risk of preeclampsia and gestational hypertension.
● Birth Outcomes: Low birth weight, preterm birth, and infant developmental delays.
● Fertility Issues: Reduced fertility in both men and women, affecting reproductive health.
Hormonal Disruptions
● Interference with endocrine function, leading to hormonal imbalances.
● Potential effects on puberty and reproductive system development in adolescents.
Other Chronic Conditions
● Colitis: Inflammation of the colon, potentially leading to chronic digestive issues.
● Diabetes: Increased risk of developing Type 2 diabetes and related metabolic disorders.
Who Can File a PFAS Lawsuit?
Anyone who has developed illnesses due to exposure to PFAS can file a lawsuit to recover damages and hold responsible parties accountable.
People who may be eligible include those diagnosed with illnesses associated with PFAS exposure, such as:
● Kidney and testicular cancer
● Thyroid disease
● Liver damage
● Elevated cholesterol levels
● Immune system impairments
Residents living near industrial sites, military bases, airports, or other areas with documented PFAS contamination may also have a case, as may communities relying on contaminated water supplies, either from private wells or municipal sources.
There are some occupations with a higher risk of developing PFAS-related health conditions, such as employees in industries using or manufacturing PFAS, such as:
● Chemical manufacturing
● Firefighting (use of PFAS-containing foams)
● Textile and leather treatment
● Electroplating and electronics
First, you and your attorney need to establish exposure to PFAS. This will include:
● Documentation: Medical records, employment history, and residential information to prove exposure.
● Scientific Evidence: Studies linking specific health conditions to PFAS exposure. After that, you need to prove causation, which may require:
● Medical Expert Testimony: Expert witnesses to establish a connection between PFAS exposure and the plaintiff’s health issues.
● Epidemiological Studies: Research demonstrating the prevalence of certain diseases among exposed populations.
Damages in a PFAS Lawsuit
Plaintiffs may be eligible to receive various types of damages to compensate for the harm caused by exposure to these hazardous chemicals. The damages awarded in such cases aim to cover both the financial and non-financial impacts of PFAS contamination.
Compensatory Damages
Compensatory damages are broken down into two parts:
Economic Damages
Economic damages are intended to cover the quantifiable financial losses incurred by the plaintiff due to PFAS exposure.
● Medical Expenses
○ Past Medical Costs: Reimbursement for medical bills related to diagnosis, treatment, hospital stays, medications, and doctor visits resulting from PFAS related health issues.
○ Future Medical Costs: Estimated costs for ongoing and future medical care, including surgeries, long-term treatments, rehabilitation, and monitoring.
● Lost Wages and Income
○ Past Lost Wages: Compensation for income lost due to illness, medical treatments, or time off work caused by PFAS-related health conditions.
○ Future Earnings: Damages for reduced earning capacity if the plaintiff cannot return to work or must take a lower-paying job due to health impairments.
● Property Damage
○ Costs of cleaning up PFAS contamination on personal or commercial property.
○ Compensation for the diminished property value due to contamination, including potential loss of resale value.
● Business Losses
○ Businesses affected by PFAS contamination suffered financial losses, such as farms with polluted water sources impacting crop or livestock health.
Non-Economic Damages
Non-economic damages compensate for subjective, non-financial losses that the plaintiff has experienced due to PFAS exposure.
● Pain and Suffering: Compensation for the physical pain and emotional distress caused by PFAS-related health issues.
● Emotional Distress: Damages for anxiety, depression, and other emotional impacts stemming from the exposure and its consequences.
● Loss of Consortium: Compensation for the negative impact on personal relationships, including loss of companionship, support, and affection.
● Loss of Enjoyment of Life: Damages for the reduced ability to participate in and enjoy daily activities, hobbies, and other aspects of life.
Punitive Damages
Punitive damages are intended to punish the defendants for particularly egregious conduct and deter similar actions in the future. These damages are awarded in addition to compensatory damages if the defendant’s actions are found to be especially harmful or reckless.
Criteria for awarding punitive damages include:
● Proof of malicious intent, gross negligence, or willful disregard for the safety of others.
● The defendant’s conduct must be more than mere negligence; it must show a severe lack of concern for potential harm.
Costs of Filing a PFAS Lawsuit
We offer a free consultation to discuss your case without paying any fees. Additionally, we work on a contingency fee basis to provide an accessible and financially feasible option for people seeking justice in PFAS-related cases.
By eliminating upfront costs and only charging fees upon a successful outcome, we ensure that financial constraints do not hinder you from pursuing legal action and obtaining the compensation you deserve. This arrangement underscores the firm’s commitment to fighting for your rights and achieving the best possible outcomes.
Scientific Evidence Indicates That PFAS Are Harmful to Humans
Extensive scientific research has established that PFAS (Per- and Polyfluoroalkyl Substances) pose significant health risks to humans. These chemicals, often called “forever chemicals” due to their persistence in the environment and the human body, have been linked to many adverse health effects.
One 2018 review looked at the available evidence to date and noted:
● A study in the United States found that adults with high levels of PFOA and PFOS in their blood might have a higher risk of chronic kidney disease (CKD).
● Research on workers exposed to high levels of PFOA showed a clear link between PFOA levels and higher uric acid in their blood.
● Two studies also found a significant connection between PFOA levels in workers and changes in thyroid hormones.
● Research reported that PFAS exposure was linked to asthma and asthma-related markers in children in Taiwan).
● Higher exposure to all PFASs was also associated with a greater occurrence of attention-deficit/hyperactivity disorder (ADHD) in U.S. children.
● PFAS exposure was found to negatively affect the immune system. In children aged 5 and 7, higher serum PFAS levels were consistently linked to a weaker immune response to routine childhood vaccinations.
Newer papers support that PFAS have many negative effects on human health:
● Research found that higher PFOS, PFOA, and PFHxS levels in children led to a 50% decrease in antibody production after routine vaccinations, indicating significant immunotoxicity even at low exposure levels.
● PFAS exposure has been linked to various cancers, including kidney, testicular, prostate, and liver cancers, due to their ability to induce oxidative stress and disrupt endocrine and epigenetic processes.
● PFAS exposure is linked to decreased kidney function and various kidney disorders.
● Studies show that prenatal PFAS exposure can have lasting negative impacts on fetal and infant development.
New PFAS Regulations
In April 2024, the Environmental Protection Agency (EPA) issued the first-ever national, legally enforceable drinking water standard for PFAS to protect communities from harmful PFAS exposure. This groundbreaking regulation is expected to reduce PFAS exposure for approximately 100 million people, potentially preventing thousands of deaths and decreasing tens of thousands of serious illnesses.
This proposed National Primary Drinking Water Regulation (NPDWR) is a part of the EPA’s broader efforts to protect public health from the adverse effects of PFAS.
Key Elements of the Proposed NPDWR
The proposed regulation focuses on setting maximum contaminant levels (MCLs) for six specific PFAS chemicals, which include:
● PFOA (Perfluorooctanoic Acid)
● PFOS (Perfluorooctane Sulfonate)
● PFNA (Perfluorononanoic Acid)
● PFHxS (Perfluorohexane Sulfonate)
● PFBS (Perfluorobutane Sulfonate)
● GenX Chemicals (e.g., HFPO-DA, hexafluoropropylene oxide dimer acid)
The proposed regulation aims to establish legally enforceable limits on the concentrations of these PFAS chemicals in drinking water:
● PFOA and PFOS: The EPA proposes an MCL of 4 parts per trillion (ppt) for each of these chemicals, reflecting their toxicity and the need for stringent controls.
● PFNA, PFHxS, and GenX Chemicals: The EPA proposes an MCL of 10 parts per trillion (ppt) for each of these chemicals
● PFNA, PFHxS, PFBS, and GenX Chemicals: The regulation also sets MCLs of 1.0 (unitless) Hazard Index for mixtures containing two or more of these chemicals based on the best available science and risk assessments.
The EPA has also set Maximum Contaminant Level Goals for these PFAS at levels where no known or anticipated adverse effects on health occur, allowing for an adequate margin of safety. Additionally, the EPA announced $1 billion in funding to help states and territories implement PFAS testing and treatment in public water systems and to support private well owners in addressing PFAS contamination.
PFAS Injury Lawsuit Updates
We are closely monitoring legal developments with PFAS injury lawsuits and settlements across the nation. Current litigation updates include:
April 2024
The EPA declares two chemicals found in firefighting foam, carpeting, and cookware as hazardous. By categorizing these chemicals as hazardous, industries will now be responsible for their removal. While PFOA and PFOS are not banned outright, any significant release of these chemicals into water or soil must be reported. The EPA can then enforce cleanups to protect the public.
February 2024
A federal judge in South Carolina finalized a $1.18 billion settlement with DuPont, Chemours, and Corteva over PFAS contamination in public drinking water systems. U.S. District Judge Richard Gergel rejected objections over the settlement amount, despite some thinking it was too low of an amount.
This ruling follows a separate $12.5 billion settlement with 3M on similar grounds. These cases show a clear ongoing effort to address PFAS pollution and preserve public health from exposure to dangerous substances.
December 2023
PFAS manufacturers agreed to pay more than $100 million to Ohio for PFAS contamination. This settlement is a major victory for communities disproportionately impacted by exposure to PFAS, as it shows manufacturers being held accountable for damage to the environment and human health.
July 2023
A study by the U.S. Geological Survey (USGS) estimates that at least 45% of tap water in the United states could contain one or more PFAS chemicals. There are more than 12,000 known types of PFAS, some of which cannot currently be detected with testing. The USGS only tested for the presence of 32 PFAS chemicals, meaning it is very possible that the percentage of water with at least one forever chemical in it may be much higher.
May 2023
3M’s motion to dismiss expert testimony in an upcoming water contamination trial was denied by the U.S. District Court for South Carolina.
March 2023
The EPA proposed a national drinking water standard for PFAS. Under this system, a maximum contaminant level of 4 parts per trillion for PFOS and PFOA would be set.
October 2022
U.S. District Judge Evelyn Padin rejected 3M’s attempt to avert a pending lawsuit filed by Middlesex Water. The lawsuit alleges that 3M released toxic chemicals into the drinking water supply. 3M claimed that the water company could not prove the cause of contamination. The judge sided with Middlesex Water, allowing the case to move forward.
Conclusion
The body of scientific evidence clearly indicates that PFAS are harmful to humans. They are associated with various cancers, thyroid disease, liver damage, reproductive issues, immune system impairment, and metabolic disruptions. Ongoing research, regulatory actions, and public health initiatives are essential to address the widespread impact of PFAS and protect public health.
Whether you are an individual affected by PFAS contamination or part of a community seeking justice, understanding your legal options is a crucial step toward holding responsible parties accountable and obtaining the compensation you deserve.
Contact Shapiro Legal Group today to schedule your free consultation and work towards getting you justice. Call (800) 220-0984 or use our online form to get in touch today.