PFAS Military Lawsuit

Jonathan Rosenfeld

Consult Our Personal Injury Attorneys About PFAS Contamination on Military Bases

A PFAS military lawsuit can provide financial compensation for those exposed to dangerous PFAS chemicals through contaminated drinking water or aqueous film-forming foam (AFFF). 

We can hold both PFAS manufacturers and the Department of Defense accountable for their failure to protect military personnel and their families from these hazardous forever chemicals. Contact our mass tort law firm today for a free consultation about your legal rights. 

What are PFAS?

Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals known for resisting water, oil, grease, and heat. Originally formulated in the 1940s, they have been used for a wide range of applications due to their high boiling point and waterproofing abilities.

PFAS contamination at an Air Force base has sparked military lawsuits

Why are PFAS Called “Forever Chemicals”?

PFAS chemicals are known as forever chemicals because they are almost indestructible and take a very long time to break down. They easily leach into groundwater, causing water contamination, and persist in the human body. Over time, PFAS levels continue to accumulate, amplifying the potential risks associated with PFAS exposure.  

Common Uses of PFAS

PFAS contamination is widespread due to the many applications of this chemical class. Common uses include non-stick cookware, stain-resistant fabrics, personal care products, food packaging, and protective equipment. 

The Military’s Use of PFAS in Firefighting Foam

At military sites, PFAS chemicals are most commonly used in aqueous film-forming foam (AFFF), a specialized type of firefighting foam used on flammable materials such as jet fuel. Air Force bases, Air National Guard bases, and naval air stations all used this until 2024, when it was discontinued due to mandates from the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92). 

Some military installations may still use AFFF until October 2026, with exceptions for ships. The Department of Defense has approved the use of fluoride-free foams, but there are significant expenses associated with this transition.  

The Health Risks Associated With PFAS Exposure

PFAS exposure has serious health risks, including cancer and thyroid disease. The Environmental Protection Agency (EPA) notes that PFAS contamination is now widespread, but the impact on human health is not yet fully understood. Regardless, the EPA has imposed restrictions on levels of PFAS in drinking water, and companies are phasing out their use. 

Scientific Studies Linking PFAS to Serious Health Problems

The Committee on Guidance for PFAS Testing and Health Outcomes reviewed 139 different studies that linked PFAS exposure to serious health concerns. Through this review, the committee determined the strength of evidence associated with each condition. 

The committee found sufficient evidence that PFAS contamination could cause immune issues, dyslipidemia (irregular cholesterol levels), decreased fetal and infant growth, and increased risk of kidney cancer. There was also suggestive evidence of other problems, including breast cancer, thyroid disease, and ulcerative colitis.

Cancers Associated with Exposure to PFAS

The National Cancer Institute has identified a variety of cancers linked to PFAS exposure, which include:

  • Kidney cancer
  • Testicular cancer
  • Liver cancer
  • Bladder cancer
  • Breast cancer
  • Endometrial and ovarian cancer
  • Non-Hodgkin Lymphoma
  • Thyroid cancer

Other Health Effects of PFAS

The Agency for Toxic Substances and Disease Registry highlights other health concerns associated with PFAS exposure, which include:

  • Thyroid problems
  • Elevated cholesterol levels
  • Liver damage
  • Reproductive issues, including high blood pressure during pregnancy
  • Developmental delays in children
  • Ulcerative colitis

Vulnerable Populations

Certain groups are more susceptible to health problems associated with exposure to PFAS contamination. Pregnant and lactating women are especially vulnerable to PFAS water contamination because they drink more water per body weight than other groups. 

Those who work with PFAS or regularly drink PFAS-contaminated water will have higher exposure and therefore a greater risk of health issues. Lastly, infants and children are more susceptible to the effects of PFAS exposure because they consume more water and food per body weight. They also have less developed immune systems. 

Lawsuits filed after PFAS exposure at a Naval Air Station

PFAS Contamination on and Around Military Bases

PFAS military lawsuits center on widespread contamination found on military bases, including Cannon Air Force Base in New Mexico, Plattsburgh Air Force Base in New York, and Great Lakes Naval Station in Illinois. 

Widespread Use of AFFF on Military Bases

PFAS claims center around the use of aqueous film-forming foam (AFFF) to fight fires on Air Force bases, Air National Guard bases, and Naval air stations. AFFF was developed by the Naval Research Laboratory and was introduced in the 1960s, soon becoming the standard firefighting tool for fuel fires. 

Contamination of Drinking Water Sources

Due to the fact that PFAS is a forever chemical and easily leaches into groundwater supplies, thousands of people were exposed to PFAS from contaminated water on military bases. As of now, there are over 700 military sites known to have PFAS contamination. 

DoD’s Role and Responsibility

The Department of Defense (DoD) is responsible for all military bases across all branches, including Air Force bases and naval ships. The Environmental Working Group found that the Department of Defense was aware of the health risks associated with PFAS exposure as early as the 1970s but refused to stop using AFFF due to its efficacy. 

To address these concerns, the Department of Defense) has established the Environmental Restoration and Compliance division. The PFAS Task Force is responsible for identifying potentially contaminated sites, developing mitigation plans to reduce PFAS exposure, and performing public outreach about the risks of PFAS.

Impact on Military Personnel, Families, and Surrounding Communities

Over two million active military personnel are stationed on military bases worldwide, including thousands of military spouses and children who reside near these bases. There are also 15.8 million military veterans, many of whom may have drunk PFAS-contaminated water or worked with AFFF during their service.  

All of these individuals may develop health problems related to PFAS, such as kidney disease or thyroid cancer. Additionally, children born on or near military bases may suffer from developmental disabilities or immune disorders because of exposure early in life. 

The PFAS Military Lawsuits: Seeking Justice and Compensation

Thousands of PFAS water contamination lawsuits have been filed, accusing the military and chemical companies of failing to protect military families from these dangerous substances. Our law firm can determine if you are eligible for a PFAS lawsuit and guide you through every step of the process. 

Who Can File a PFAS Military Lawsuit?

To file a PFAS claim, you must demonstrate that you were diagnosed with PFAS-related illness, such as testicular cancer or high cholesterol, and that you were connected to a contaminated military base. Air Force bases, Air National Guard bases, and US Navy bases have all been associated with PFAS contamination. 

We can pursue PFAS lawsuits based on several legal principles, depending on the defendant and circumstances.

Negligence: Negligence requires that you prove the liable party had a responsibility to you that they breached, and that you suffered injuries as a result of this breach. 

Product Liability: Our attorneys can pursue PFAS or AFFF manufacturers based on the concept of product liability, which states that companies are responsible for developing safe products. As shown in the Illinois Supreme Court case Woodill v. Parke Davis & Co, manufacturers can only be held accountable for foreseeable risks that may be associated with their product, such as possible health issues that were demonstrated through clinical tests.

Failure to Warn: Manufacturers and distributors are required to disclose dangers associated with the proper use of their products. When they don’t do so, this could be considered failure to warn

The AFFF MDL: Multidistrict Litigation Against Firefighting Foam Manufacturers

A multidistrict litigation (MDL) case is currently being held in the United States District Court for the South Carolina, testing claims related to AFFF (MDL No. 2873). 

MDLs are a special type of lawsuit where the discovery process is held collectively for thousands of plaintiffs. All pretrial procedures are consolidated and overseen by a single judge, which facilitates the sharing of information among attorneys. 

In some cases, bellwether trials will be conducted. Attorneys from both sides will pick representative cases, which will be tested to determine the strength of legal arguments. Once the MDL process is completed, all cases will be returned to their respective jurisdictions. 

MDLs are closely connected to class action lawsuits. In a class action lawsuit, numerous plaintiffs are represented by the same legal counsel, and the verdict will be applied to all separate cases. If the case is successful, then all the plaintiffs will get a portion of the settlement money. 

The defendants for the AFFF MDL include 3M, DuPont, Tyco Fire Products, and BASF. The case is expected to be completed in 2030. 

PFAS used on military bases has been linked to long-term health risks

Potential Defendants in PFAS Military Lawsuits

Our firm can help you pursue financial compensation from several defendants, including the following.

AFFF Manufacturers: 3M, DuPont, Chemours, and Tyco Fire Products all produced AFFF for the military. Reports demonstrate that 3M was aware that AFFF was hazardous, yet it continued to produce it for the military, which could make them liable. 

PFAS Manufacturers: There are 12 major manufacturers of PFAS, which include 3M, BASF, Bayer, Honeywell, Chemours, and Merck. These companies may have been aware of the risks associated with PFAS exposure but continued to produce these chemicals. We can hold them responsible for putting profits over safety. 

The Federal Government or Department of Defense: It can be challenging to hold the government accountable in a PFAS case due to the Feres Doctrine, established in the Supreme Court Case Feres v. United States. This doctrine states that active-duty military members cannot sue the government for injuries sustained during service, even if those injuries were caused by negligence. 

Compensation for PFAS Exposure from Military Service

The goal of PFAS litigation is to seek financial compensation from the organizations responsible for your health problems. This can include both economic and non-economic damages.

Economic damages include hard financial losses from being exposed to PFAS. These include:

  • Medical bills
  • Out-of-pocket medical expenses
  • Lost wages
  • Loss of earning potential
  • Funeral and burial costs for wrongful death

Non-economic damages include your pain and suffering, as well as the emotional damage resulting from a serious diagnosis. This includes:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship for wrongful death

Steps to Take if You Were Exposed to PFAS on a Military Base

You must act quickly if you expect your health issues to be connected to PFAS usage on military bases. There is limited time to file a lawsuit, and these cases require a thorough investigation. Follow these steps as soon as possible.

Document Your Military Service and Potential Exposure

You should gather your military paperwork, including enlistment papers, dates and locations of assignments, and your discharge paperwork if relevant. This can help us demonstrate that you were likely exposed to AFFF or other PFAS products. 

Get Tested for PFAS Levels in Your Blood

In 2024, Quest Diagnostics released the first physician-ordered PFAS blood test. The test follows standards set by the National Academies of Sciences, Engineering, and Medicine (NASEM), including using serum or plasma blood from a vein rather than a fingerstick test and separating out measurements of different PFAS chemicals based on the health risks they represent. 

Because this product is so new, the interpretation of the results continues to evolve. However, the blood test can be helpful in demonstrating that you are at high risk of health complications due to high PFAS levels. 

Seek Medical Attention and Discuss Your Concerns with Your Doctor

If you are a military veteran, you should visit the Jesse Brown Department of Veterans Affairs Medical Center to seek medical care. Those without VA insurance can seek help from well-respected hospitals like Northwestern Memorial or UI Health. 

Inform any doctors you work with about your history of PFAS exposure so that they can develop treatment plans to meet your specific needs, including health screenings for common issues.

Consult with an Experienced PFAS Military Lawsuit Attorney

You should seek legal advice as soon as possible to ensure you don’t miss any filing deadlines. We will help you review your legal options and gather evidence for a potential lawsuit against manufacturers or the military base itself. 

Our PFAS lawyers will guide you through every step of filing a lawsuit. Our team will start by investigating your case, such as when you may have been exposed and whether your illnesses can be linked to PFAS. 

Next, we file a complaint with the relevant court system, which will formally involve the other parties that we intend to pursue a lawsuit. Once they respond, we initiate the discovery process, during which we share information with the other parties. 

The information can include depositions, which are interviews taken under oath, and interrogatories, which are written answers to questions. We can also request documents from other parties, such as internal investigations or quality control reports. 

Once discovery is completed and everyone has the same information, we begin negotiations. We will suggest a specific amount based on our research, and the liable party will respond with a counteroffer. This will continue until we reach an agreement.

Many cases will settle out of court, but it is sometimes necessary to go to trial. In this case, we will attend hearings, file motions with the court, and then present evidence to a judge and jury. The jury will determine which side offered the most compelling argument and then issue a verdict. If they side with you, then you will receive damages. 

Service members file PFAS claims related to base exposure

Statute of Limitations for Filing a PFAS Military Laws

Statutes of limitations vary by state and the type of claim. In Illinois, the statute of limitations for personal injury is two years (735 ILCS 5/13-202). However, there may be extenuating circumstances, such as the discovery rule.

The discovery rule states that the statute of limitations is tolled, or paused, until two years after the discovery of the injury. For example, if you were stationed on an Air Force base in 2015 but were not diagnosed with cancer until 2025, then you would have two years after diagnosis. We will help you navigate these complex legal issues and ensure your story can be heard.

Consult a Military PFAS Exposure Lawsuit Near You!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

Our team is dedicated to securing financial compensation for anyone injured by PFAS at military bases. We work on a contingency fee basis, meaning you owe us nothing unless we earn you compensation. To schedule your free consultation with a Chicago personal injury lawyer, call us at (888) 424-5757 or use our online contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.

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