Lawsuit Alleges Firefighting Foam Caused Colon, Kidney Cancer

Firefighter Foam Cancer Lawsuit filed with a former firefighter in South Carolina on August 19 claims that aqueous film-forming foam (AFFF) caused his colon and kidney cancer diagnoses. The complaint names multiple manufacturers of the foam, including 3M and DuPont.

The complaint states that the plaintiff worked as a firefighter for over 21 years, using AFFF containing per- and polyfluoroalkyl substances (PFAS) "in firefighting training and response exercises."

"Plaintiff was exposed to AFFF containing PFAS numerous times within the span of his career, and now has a number of PFAS materials in his blood serum," the complaint says.

AFFF offers the PFAS perfluorooctanoic acid (PFOA). A 2013 study discovered that PFOA, that the World Health Organization has designated as "possibly carcinogenic to humans," may be related to kidney, testicular, ovarian and prostate cancers, as well as non-Hodgkin lymphoma.

The complaint alleges that the defendants knew or should have known that their products were dangerous and failed to warn people concerning the danger their products posed.

The complaint notes that "by at least the conclusion of the 1980s," research done by defendants discovered that PFOA caused testicular tumors in rats, leading to DuPont "classifying such PFAS internally as a confirmed animal carcinogen and possible human carcinogen."

The complaint continues, noting that chemicals which cause cancer in animal studies should be assumed to present a danger of cancer to humans in the lack of a known mechanism of action.

"As of today's date, the precise mechanism(s) of action where any PFAS causes all the tumors found in animal studies has(ve) not been identified, mandating that Defendants presume that any such PFAS that caused such tumors in animal studies be presumed to present a possible cancer risk to exposed humans," the complaint states.

The complaint notes that additional research throughout the 1980s found an elevated incidence of certain cancers in workers exposed to PFAS, and discovered that PFAS develop in the body with time and persist in the body for such a long time so it takes "years" before "even 1 / 2 of the material would begin to be eliminated" from the body.

Additional research in the 1990s performed by 3M and DuPont discovered that PFOA caused testicular, liver and pancreatic tumors in rats, based on the complaint.

The complaint states that "by at least 2010," additional research done by 3M and DuPont yet again found an elevated cancer incidence in workers exposed to PFAS.

AFFF manufacturers "repeatedly assured and represented to governmental entities and people (and continue to complete so) that the clear presence of PFAS... in human blood at the levels found within the United States presents no danger of harm and is of no legal, toxicological, or medical significance of any kind," based on the complaint.

The complaint claims that AFFF manufacturers continue steadily to declare that their items are safe, simultaneously pointing to a "not enough definitive proof causation" while "knowingly, willfully, purposefully, intentionally, recklessly and/or negligently" refusing "to fund or conduct any scientific study, research, testing, and/or other work of any kind that's extensive or comprehensive enough... to confirm a causal connection" between PFAS and negative impacts on human health.

"Defendants had a duty to warn of the hazards related to AFFF containing PFAS entering and poisoning the blood and/or body of Plaintiff simply because they knew of the dangerous, hazardous, toxic, and poisonous properties of AFFF containing PFAS. Defendants failed to provide sufficient warning to purchasers that the use of their AFFF products would cause PFAS to be released into Plaintiff and cause the exposure and bioaccumulation of those toxic and poisonous chemicals in the blood and/or body of Plaintiff," the complaint states while arguing for a recovery of damages based on the count of inadequate warning.