Connecticut Fire Departments, Unions File PFAS Lawsuit

Aug. 11—GROTON — City of Groton Fire Capt. Daniel Tompkins, president of Groton Firefighters Local 1964, knows firefighters take on risks.

He said it's a dangerous job where the life expectancy for firefighters is 10 years less than the general public. Firefighters can't control some aspects of their job: fires burn hot and emergencies are stressful.

But the turnout gear ― the protective gear firefighters wear ― is one aspect that he and other firefighters across the state are trying to change.

Tompkins is among the plaintiffs in a class action lawsuit on behalf of firefighters across Connecticut alleging harm from protective gear containing per-and polyfluoroalkyl substances, or PFAS.

While most people in the United States are exposed to "background levels" of the long-lasting synthetic chemicals, such as in food or water, some professions have higher rates of exposure, the suit says. A 2020 study at the University of Notre Dame found "significant levels" of PFAS in turnout gear.

The suit says that PFAS break down when exposed to heat, leading to an increased risk of exposure by absorbing them through the skin, or by ingesting or inhaling them.

Increased risk of kidney, testicular, thyroid, bladder, breast and ovarian cancers, immune issues, reproductive effects, high cholesterol, and high blood pressure in pregnant women, are among the health issues that can result from exposure to the chemicals, the suit says.

The statewide firefighters' union; unions in Stamford, Fairfield, Easton, Stratford, Hamden and the City of Groton; the city of Stamford, and the Old Mystic Fire District and Old Mystic Fire Department; and six firefighters, including Tompkins, are suing the companies that design, manufacture, supply or distribute the equipment or the materials or chemicals in the gear.

The suit claims the defendants knew the equipment, materials and chemicals are unsafe but did not warn people of the health risks.

The lawsuit is seeking damages, attorneys' fees and costs, and contributions toward a medical testing program and a monitoring program so any illnesses from exposure can be diagnosed at an early stage.

The lawsuit is against 3M Company, EIDP Inc., DuPont de Nemours Inc., The Chemours Company, LLC, The Chemours Company, FC, LLC, Corteva Inc., Elevate Textiles Inc., Globe Manufacturing Company, W.L. Gore & Associates, Fire-Dex GW, LLC, Honeywell Safety Products, The InterTech Group Inc., Lion Group Inc., Milliken & Company, Morning Pride Manufacturing LLC, PBI Performance Products Inc., Safety Components Fabric Technologies Inc., StedFast USA, Inc., and TenCate Protective Fabrics.

"As the science and technology of PFAS, societal and regulatory expectations, and our expectations of ourselves have evolved, so has how we manage PFAS," 3M said in a statement. "3M will address PFAS litigation by defending itself in court or through negotiated resolutions, all as appropriate."

The other companies either declined to comment or could not be reached for comment.

Safety a top concern

Old Mystic Fire Chief Kenneth Richards Jr. and Michael Pacheco, president of the Old Mystic Fire District, said the department and district have a moral responsibility to get involved.

"We want to make sure that the firefighters and what they're wearing right now are safe," said Pacheco. "That's the utmost concern right now."

Richards said they joined the lawsuit because with firefighters wearing the gear, safety is at the top of their list. The department and district want more information to make good, solid judgments to protect the firefighters.

"Research is showing that the PFAS can cause harm, so our concern is if it can cause harm and it does cause harm to our members, we're concerned about annual medical monitoring," Richards added. "Right now, everybody goes through an annual physical but we're going to probably have to start making our annual physicals with blood tests to test for PFAS."

He said that's an added expense, so compensation could help offset those costs. If there are issues down the road, he would hope there are funds available for follow-up and long-term medical treatment for any members.

The department also stopped using firefighting foam with PFAS years ago, he added.

A responsibility to firefighters

Tompkins, captain and deputy fire marshal with the City of Groton Fire Department, has served with the department, which is not part of the suit, for 31 years and for three years before that in Norwich. He is also the vice president of the Uniformed Professional Firefighters Association in Connecticut, as well as president of the local union representing City of Groton firefighters and Old Mystic career firefighters.

The lawsuit would apply to all firefighters in Connecticut, said Jennifer Sclar, counsel with Silver Golub & Teitell LLP., which filed the class action suit.

At the fire headquarters on Broad Street in the City of Groton, Tompkins showed a poster that firefighters have higher health risks than the general public, including twice the risk of testicular cancer, 1.53 times the risk of multiple melanoma, 1.51 times the risk of non-Hodgkin's lymphoma, 1.39 times the risk of skin cancer and about 1.3 times the risk of malignant melanoma and brain cancer.

Tompkins said he's watched firefighters across the state contract cancer and in some instances succumb to it.

"I have a responsibility to the younger firefighters, not only in my department but I feel across the state and ultimately across the country," said Tompkins, whose niece and nephew are firefighters.

"I want to leave the fire service safer for them and for the firefighters who are coming behind them," he added.

He said he personally does not have physical health issues from PFAS, but he puts on the gear every day and it's a major exposure.

"You try not to think too much about it, but in some aspects, it's kind of like a ticking bomb," he said.

With the growing awareness of PFAS in past years, he said the department started limiting some of the use of the gear, for example, wearing a gown instead of turnout gear to a medical call. But they still have to wear the gear every day such as when responding to fires, fire alarms, and motor vehicle accidents. The Groton City department has also stopped using firefighting foam.

He said he would like all PFAS removed from the gear and for the manufacturers to be held accountable, including replacing the gear, which costs about $5,000 for a set ― and firefighters have two sets. He also would like funding for testing and monitoring and compensation for people who have become ill.

First of its kind case

Sclar, counsel with Silver Golub & Teitell LLP, said the lawsuit is about protecting the firefighters who risk their lives every day to help people in their worst moments of tragedy.

Recent legislation in Connecticut will severely restrict the ability to manufacture or purchase many consumer items, including turnout gear, with PFAS by 2026 and will eliminate the manufacture or sale of those items with PFAS by 2028, she said. But that does not not outlaw the continued use of the older firefighting gear.

"The suit is about making sure that firefighters don't have to wear that turnout gear for even a minute more than they have to," Sclar said.

Sclar said this is a first of its kind case to focus exclusively on PFAS in the turnout gear firefighters wear.

"We hope that other states will follow and that firefighters across the U.S. will be given access to medical monitoring, new equipment, and compensation," Sclar said.

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