Navy AFFF Lawsuit

Learn Your Legal Options for AFFF Firefighting Foam Cases

A Navy AFFF lawsuit aims to compensate you for diseases related to AFFF exposure during military service. Those exposed to firefighting foam may have come into contact with toxic PFAS chemicals, which can cause cancer, thyroid disease, and ulcerative colitis. 

If you were exposed to firefighting foam and subsequently developed health issues, we can help you get justice. Contact us for a free consultation about your legal rights. 

What is AFFF?

Aqueous Film Forming Foam (AFFF) is a type of firefighting foam. According to the Environmental Protection Agency, it is used on Class B flammable liquid fires, such as those involving jet fuel. They are commonly used by military firefighters, such as on Navy aircraft carriers or Air Force bases, and may also be used in training exercises for fire service members. 

This fire suppression foam forms a liquid barrier on top of the fire, preventing it from spreading and reducing the oxygen that reaches the flames. AFFF products contain additives called surfactants, including the potentially harmful PFAS chemicals, which can cause serious health problems.

The Hidden Dangers of PFAS in Aqueous Film Forming Foam

Firefighting foam cancer lawsuits center around exposure to PFAS chemicals, which are toxic substances used to improve fire suppression. PFAS exposure can cause adverse health effects, especially in military personnel who may have prolonged exposure during firefighting operations.

Military branches are now phasing out AFFF firefighting foam, as mandated by the National Defense Authorization Act for Fiscal Year 2020. However, bases can request waivers until 2026, and Navy firefighters are exempt from this requirement if they are fighting fires on ships or aircraft carriers. 

 In 2023, the Federal Aviation Administration authorized airports to use firefighting foam that does not contain PFAS compounds. 

The Toxic Chemicals in AFFF Firefighting Foam

Per- and polyfluoroalkyl substances are a class of manmade chemicals that repel water, oil, and other substances. PFAS compounds remain stable even at extremely high temperatures and do not break down easily. Because of this, PFAS chemicals are considered “forever chemicals,” meaning that they persist in the human body or environment for decades or even centuries. 

PFOA and PFOS: The Most Studied PFAS Chemicals

Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) are the primary PFAS chemicals of concern in toxic firefighting foam. The World Health Organization has identified PFOA as carcinogenic to humans and PFOS as potentially carcinogenic based on intensive animal studies. 

How PFAS Contaminate the Environment and Drinking Water

A significant risk associated with PFAS-containing firefighting foam is that these chemicals can lead to long-term environmental contamination, particularly in areas surrounding military bases or airports. These forever chemicals can seep into groundwater, where they will persist for decades. 

This means that people can still face health risks due to AFFF firefighting foam exposure even after the chemicals have been banned. 

The Long-Term Health Risks Associated with PFAS Exposure

PFAS exposure from aqueous film-forming foam is dangerous to human health, as PFOA is a known carcinogen. Using AFFF firefighting foam or drinking contaminated water around bases can result in an increased risk of serious health conditions, such as cancer or thyroid disease. 

Health Problems Linked to AFFF Exposure Among Navy Personnel

AFFF firefighting foam lawsuits center around the serious health risks associated with PFAS exposure, and the fact that firefighting foam manufacturers refused to protect military personnel from these risks. 

Cancers Associated with AFFF Exposure

Exposure to firefighting foam containing PFAS has been linked to a variety of different cancers, including:

• Kidney cancer
• Testicular cancer
• Bladder cancer
• Ovarian and endometrial cancer
• Prostate cancer
• Non-Hodgkin lymphoma and thyroid cancer
• Childhood leukemia

Thyroid Disease and AFFF Exposure

Studies have demonstrated that PFAS compounds disrupt thyroid function. The chemical will bind to the receptors that thyroid hormones use, reducing their function. Exposure to AFFF in utero or as a child can lead to lifelong thyroid dysfunction, including hyperthyroidism. 

Ulcerative Colitis and Its Link to AFFF

Research demonstrates that individuals exposed to high levels of PFOA, one of the PFAS chemicals in AFFF firefighting foam, show a significantly higher incidence rate of ulcerative colitis. This disease is a type of inflammatory bowel disorder (IBD) that results in sores and ulcers within the digestive tract. In severe cases, ulcerative colitis can cause tissue death, which can require surgery. 

Other Health Conditions Potentially Linked to AFFF

Exposure to toxic firefighting foam can also cause other health issues, which include:

• Infertility
• Pregnancy-induced hypertension or preeclampsia
• High cholesterol
• Liver damage
• Asthma
• Immune system disorders
• Changes in fetal and child development

Navy Bases and Ships with Known or Suspected AFFF Contamination

Thousands of military firefighters, other personnel, and their families may have been exposed to AFFF and PFAS contamination on military bases around the country. Those who have developed cancer or other health concerns after being stationed on a military base may be eligible to file an AFFF lawsuit against the government or firefighting foam manufacturers. 

The Department of Defense’s (DoD) Role in Identifying Contaminated Sites

The Department of Defense is tasked with identifying sites where AFFF was used to combat fires, as well as mitigating exposure to PFAS through cleanup efforts. In 2024, they released a list of 30 more military installations with interim or preliminary PFAS mitigation efforts underway. 

List of Navy Bases with Confirmed PFAS Contamination

There are over 700 military bases worldwide that have known or suspected PFAS discharges, including those related to aqueous film-forming foam (AFFF). These include the Great Lakes Naval Station in Illinois, which is the Navy’s largest training installation and the only Naval boot camp. Over 20,000 sailors, Marines, soldiers, and civilians work at the Great Lakes Naval Station, and thousands of families live on or near the base.

Navy Ships and Potential AFFF Exposure

AFFF firefighting foam was used extensively on Navy ships and Coast Guard vessels. Both low-capacity and high-capacity AFFF systems were utilized in machinery areas, jet fuel pump rooms, helicopter hangars, flight decks, and landing platforms. Its widespread use means thousands of sailors were exposed to AFFF during their service. 

Ongoing Investigations and Remediation Efforts

The Government Accountability Office has documented cleanup efforts at naval bases, which include Marine Corps Air Station Cherry Point in North Carolina, Naval Support Activity Mechanicsburg in Pennsylvania, Naval Base Kitsap Bangor in Washington, and Naval Weapons Station Earle in New Jersey. 

Who Can File a Navy AFFF Lawsuit?

Individuals who served on a Navy ship or a naval base may be eligible for a Navy firefighting foam lawsuit. To qualify, you must prove that you were stationed at an affected military installation and you came into contact with AFFF or PFAS. 

You must demonstrate that you later developed health conditions that have been linked to exposure to AFFF, such as kidney cancer, prostate cancer, or testicular cancer.

The Legal Basis for Navy AFFF Lawsuits

AFFF firefighting foam litigation is based on the concept of negligence, which determines liability. Negligence includes four factors.

Duty of Care: The individual or organization had a responsibility to protect you. For example, the government should have ensured that Navy firefighters were protected from any negative effects of fire suppression equipment.

Breach of Duty: The liable party failed to uphold its duty of care. This could include failing to research potential risks to human health or choosing to continue using AFFF firefighting foam even after the risks were known.

Causation: PFAS contamination resulted in your health issues, which could include testicular cancer or thyroid disease.

Damages: You suffered material or emotional losses from your personal injury. 

Product Liability: Claims Against AFFF Manufacturers

One of the first defendants in AFFF litigation is the manufacturer of firefighting foam in product liability cases. The Illinois Supreme Court established in Suvada v. White Motor Company that manufacturers have strict liability, which means they are responsible for any damage caused by their products. 

Our team can help you file AFFF firefighting foam lawsuits against companies like 3M, which supplied the Navy with these toxic products. 

Negligence: Failure to Warn About the Dangers of AFFF

Manufacturers and the government may have been negligent by failing to warn personnel about the dangers of AFFF exposure. The Navy and Coast Guard used AFFF for over 20 years, during which time evidence mounted about the serious health risks associated with these chemicals. 

Government Liability and the Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act (FTCA) waives the government’s sovereign immunity for certain damages caused by negligent federal employees, such as those who failed to disclose the risks of firefighting foam or ordered soldiers to use it even after knowing the risks. 

To bring suit under this act, the plaintiff must demonstrate that the federal employee was acting within the scope of their employment, which eliminates cases such as assault or battery. It also cannot be used to litigate actions that arose during war (28 U.S.C. §§ 2671-2680). 

The FTCA requires individuals to file a claim with the appropriate government entity before filing a lawsuit. For claims against the US Navy, you must fill out Standard Form 95, attach all documents that support your claim, and mail it to the Office of the Judge Advocate General in Norfolk, Virginia. Only if you receive a denial can you file a lawsuit. 

If you want to file a lawsuit, you have just 180 days after receiving a denial (28 USC Ch. 171). You should contact our law firm as soon as possible so that we can begin building a strong case. 

Multidistrict Litigation (MDL) and Class Action Lawsuits

Multidistrict litigation enables the consolidation of thousands of individual cases into a single federal case, thereby streamlining the discovery process. While every plaintiff will have separate legal representation, a federal judge will handle all pretrial proceedings, like discovery, motions, and hearings. 

Some MDLs will also include bellwether trials. These are a few selected trials of individual cases, which will determine whether the other cases have merit. Once the MDL process is completed, individual cases will return to their respective jurisdictions, now with a streamlined discovery process that will speed up litigation. 

In 2019, an AFFF firefighting foam MDL was opened in the District of South Carolina. The Honorable Richard M. Gergel is presiding over the MDL, which represents over 10,000 military firefighters, other personnel, and family members.

Another option is an AFFF class action lawsuit. This differs from MDLs in that certain AFFF lawsuits are brought forward to represent an entire group of affected individuals. The verdict for one firefighting foam lawsuit will represent the verdict for the whole class, which will then share in the settlement. 

Our law firm can assist you in exploring these Navy firefighting foam lawsuit options based on the specifics of your case. 

What to Do if You Were Exposed to AFFF and Have Health Problems?

If you believe you were harmed by AFFF exposure, our law firm is here to help. Follow these steps immediately, as they can significantly impact whether you are able to gain compensation.

Seek Medical Treatment: Visit the Chicago VA Health System for diagnosis and treatment. Not only does this ensure that you can access quality care, but these medical records can directly link your health issues with firefighting foam.

Report to Your Superiors if Still in the Service: If you think you may have come into contact with PFAS during training exercises or while fighting fires, report this to your commanding officer, who can then follow the chain of command to report your exposure.

Gather Evidence: If you were a Navy firefighter or sailor, collect all documents related to your service, including when you enlisted, where you were stationed, and when you were discharged from service. Family members who developed health issues after being exposed to AFFF can demonstrate that they were on the base through documentation like school enrollment, change of address forms, and government forms.

Tabulate Your Expenses: Gather your medical bills, time off work, and out-of-pocket expenses. If you paid to install water filtration systems or other remediation equipment in your home, be sure to include this as well. 

Document Your Recovery: Your personal narrative, photos, and other evidence can demonstrate how this illness has impacted your life. Keep records of your treatment, including photos and videos of your condition.

Contact an Experienced Firefighting Foam Lawyer: Our personal injury attorneys can help you collect all evidence, decide what type of lawsuit to pursue, and negotiate with the liable parties on your behalf. 

Compensation in Navy AFFF Firefighting Foam Lawsuits

The goal of filing an AFFF lawsuit is to compensate you for the harm done by these forever chemicals. You may receive economic damages, which pay for hard financial losses, and non-economic damages, which consider how this disease has impacted your life.

Damages you may receive include:

• Medical bills
• Lost wages
• Property damage
• Funeral and burial costs for wrongful death
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Grief for wrongful death

An FTCA claim will not include punitive damages, which punish the perpetrator for reckless actions. Punitive damages are also not awarded in settlements that are negotiated out of court. If your case goes to trial, a jury may award these damages. 

Why Choose Rosenfeld Injury Lawyers for Your Navy AFFF Lawsuit

With over 100 years of combined legal experience, Rosenfeld Injury Law has the expertise and skill necessary to hold companies and government agencies accountable for AFFF firefighting foam exposure. We have a 98% success rate and have won over $450 million for our clients over the past 25 years.

When you work with our award-winning lawyers, you can expect the following benefits.

Dedication to Military Veterans: We are highly knowledgeable about the unique risks that military firefighters and other veterans have faced while stationed on ships or military bases. Using this experience, we can ensure that you are treated fairly by the Department of Defense, foam manufacturers, and other liable parties.

Thorough Investigation: Government agencies and manufacturers have known for years that AFFF and PFAS can cause serious health issues, including cancer and thyroid dysfunction. We will collect ample evidence proving there is a definitive link between your illness and AFFF usage.

Communication With Third Parties: AFFF firefighting foam lawsuits include extensive coordination with other parties, such as sharing documents during discovery and filing motions. Our team will consult all third parties in your case so that you can focus on healing.

Careful Valuation: Our primary objective is to ensure that you receive maximum compensation for your injuries. We will meticulously evaluate your case, including your previous expenses and future needs, to ensure that these are included in your settlement.

Aggressive Negotiation: Using our extensive negotiation skills and ample evidence, we will demonstrate why you deserve the highest possible compensation.

Trial Representation: Many cases will settle out of court, as the lawsuit process is expensive and time-consuming. However, the US Navy or other parties may deny your claim. In this instance, we will guide you through the trial process. This includes taking depositions, sharing documents through discovery, and sharing your story at trial hearings.

Contingency Fee Basis: Our team works on a contingency fee basis, meaning you owe us nothing unless we successfully secure compensation for you. This ensures that everyone can access high-quality legal support while also incentivizing us to work hard on your behalf. 

Consult an AFFF Firefighting Foam Lawyer Near You!

Firefighters, soldiers, sailors, and military contractors may suffer from AFFF exposure and its associated health risks for years after their service. If you have been diagnosed with cancer, thyroid disease, high cholesterol, or immune disorders due to firefighting foam, we’re here to help. 

To schedule your free consultation with an experienced personal injury attorney, call us at (888) 424-5757 or use our online contact form. We are available 24/7 to assist you with your claim. 

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