Military and Civilians Firefighters Can Seek Restitution for Exposure to Cancer-Causing PFAS in AFFF Formulations

The cancer risks associated with aqueous film-forming foam (AFFF); a firefighting solution that contains per/polyfluoroalkyl substances (PFAS) are undeniable today. Despite its remarkable fire-suppression capabilities, PFAS found in AFFF can contaminate drinking water sources and accumulate in the human body, resulting lethal cancers and other illnesses. This poses a considerable risk to military / civilian firefighters and their families. There are ongoing endeavors to address PFAS contamination, and filling for an AFFF exposure claim, through legal professionals like Atraxia Law, can provide affected individuals with the opportunity to seek rightful compensation for the damages incurred.

During the 1960s, the Navy's Research Lab cooperated with the Minnesota Mining and Manufacturing Company (3M) to develop aqueous film-forming foam (AFFF), a firefighting solution with an exceptional ability to quickly extinguish difficult hydrocarbon blazes. By the 1970s, AFFF's efficiency garnered its widespread use on many US Army bases, airports, and civilian fire departments.

Despite the foam's excellent flame-retardant abilities, fire service professionals weren't aware that exposure to its synthetic ingredients could lead to severe health repercussions. More importantly, manufacturers kept vital information regarding their product's safety risks hidden for decades.

What Made AFFF Toxic?

3M's main contribution to AFFF's development was adding per/polyfluoroalkyl substances (PFAS) in its composition. More commonly known as "forever chemicals," PFAS are a class of over 12,000 artificial compounds whose strong carbon-fluoride bonds provide formidable physical endurance.

The primary variants used in AFFF were PFOA (perfluorooctanoic acid, also used in Teflon) and PFOS (perfluorooctanesulfonic acid, also used in Scotch Guard). To their credit, both compounds' are ideal for controlling and quelling fuel fires thanks to the surfactant properties of the fluoride in their molecular structures. 

During the peak years of AFFF use, PFAS were believed to be benign ingredients that don't represent a risk to human health. However, the same properties that make them optimal firefighting solutions also distinguish them as insidious contaminants.

Due to their resilience and pronounced mobility in the environment, PFAS last longer and can easily contaminate underground aquifers used for drinking water. Since our livers and kidneys can't properly filter out and eliminate forever chemicals, they bioaccumulate in blood and bodily tissues. According to the CDC, chronic PFAS exposure is associated with testicular and kidney cancer, impaired liver function, thyroid and hormonal dysfunctions, higher cholesterol, reduced birth weights, and lower vaccine response in children.

As a result of legacy AFFF use, forever chemicals were identified on over 700 US military bases, both home and abroad. However, recent research suggests that the number of active and close army facilities where PFAS contamination occurred is closer to 3,500. 

Firefighters Weren't Exposed to PFAS Only Through AFFF

The lack of knowledge surrounding PFAS' adverse health implications meant firefighters who employed AFFF during emergencies or training weren't adequately equipped to prevent exposure. Moreover, decontamination seldom went beyond hosing down AFFF-soaked equipment with water, while contaminated gear would be haphazardly stored indoors.

In addition to AFFF, firefighters also must contend with multiple PFAS exposure sources in their line of work. Forever chemicals have been extensively used to manufacture a plethora of commercial goods, ranging from cosmetics and textiles to rugs, furniture, and electric appliances. When PFAS-containing products burn, fire service professionals risk meeting dislodged particulate carried off by heat and smoke or in the resulting dust and debris they sift through and haul during cleanup.

Due to their oil- and water-phobic qualities, forever chemicals have also been used in the outer layers of personal protective equipment. However, several studies have shown that as turnout gear wears down, PFAS can migrate to the thermal layer closest to the skin, increasing dermal exposure risks.

Firefighters could unintentionally become secondary exposure sources to loved ones by bringing home lingering forever chemicals on their persons or unclean equipment. For military spouses and offspring who resided on bases where AFFF was frequently used, a far more concerning risk is the potential exposure to environmentally persistent PFAS contaminants that seeped into drinking water sources. 

Disproportionate Cancer and Fatality Counts

Even if forever chemicals are regarded as 'emerging' threats, civilian and military firefighters are regularly exposed to various occupational hazards, from carbon monoxide and diesel exhaust to heavy metals, asbestos, and radioactive radon. Yet, due to toxins' typically slow-acting nature, fire service professionals may not become aware of their adverse effects until symptoms begin manifesting years or decades later. 

A multi-year NIOSH study tracking US firefighters' health over decades indicates notably higher rates of cancer diagnoses and deaths than in the general population while emerging studies and mounting clinical research bring further proof of PFAS' carcinogenic risks. 

According to the International Association of Fire Fighters, occupational cancer was the cause of 75% of fatalities among their ranks in 2022, the same year that the profession was deemed categorically carcinogenic (Group 1) by the International Agency for Research on Cancer. 

Although some firefighting foam manufacturers stopped using forever chemicals in their products' formulations in the early 2000s, the measure wasn't universally adopted in the industry. Besides 3M, who helped develop AFFF, other notable companies that manufactured PFAS-laden foams include DuPont, Corteva, Chemours, Chemguard, and Tyco Fire Products.

With more evidence of PFAS' toxic effects surfacing, manufacturers disingenuously tried to downplay safety concerns to avoid penalties and litigation. After affected individuals began filing lawsuits, DuPont and 3M were legally compelled to produce internal documents which indicate that they were long aware of forever chemicals' potential health risks yet chose not to disclose the information.

Developments, Setbacks, and Solutions

The enduring threat PFAS represent has prompted significant legislative and regulatory efforts to impede and combat contamination. The National Defense Authorization Act will provide crucial funding for cleanup projects on affected US military bases, the Department of Defense established new standards for safer firefighting foams, and the EPA proposed maximum limits for PFAS in drinking water of just 4 parts per trillion.

In 2022, federal firefighters' and army veterans' access to better health benefits and compensation was facilitated through the adoption of the bipartisan Federal Firefighters’ Fairness Act and the Honoring Our PACT Act. Although encouraging, the Department of Veteran Affairs (VA) doesn’t recognize veteran firefighters' diseases as service-connected, while the coverage for and presumptive status of federal firefighters' conditions differ depending on the state. 

For affected firefighters and relatives, the unequal benefits and varying state statutes mean that in order to be awarded disability, worker, or survivor compensation, they first must undergo the grueling process of demonstrating their conditions are the outcome of service-related or occupational toxic exposure.

In cases such as Michael Lecik's, a former Air Force firefighter diagnosed with multiple myeloma, the VA's refusal to acknowledge his condition's service connection meant he couldn't afford the steep treatment costs. Although a bill bearing his name was submitted in 2020 to the House of Representatives, Michael Lecik sadly passed away only a year later due to complications from his disease, leaving behind a wife and two daughters. While the authors have resubmitted the bill, it didn't receive the same attention that similar proposals were afforded, effectively dying in committee. 

Faced with exceedingly difficult bureaucratic challenges that prevent firefighters and kin from accessing the benefits and compensation their suffering warrants, affected individuals should know that they can seek restitution from the companies that manufactured AFFF. Atraxia Law’s experienced paralegals can help veteran and civilian firefighters expeditiously gather and organize the medical, service, and employment records required to prove eligibility, helping them navigate the intricate filing process. 

The firm's specialists leverage their solid background in occupational toxic exposure to account for the full extent of damages arising from AFFF use, including medical expenses and lost wages, in order to obtain a fair, equitable, and timely settlement. Furthermore, while surviving family members can seek compensation via wrongful death claims, they could also qualify for additional restitution if they lived on contaminated army bases where toxins leached into drinking water. 

About the Author

Miguel Leyva is a case manager with Atraxia Law, a paralegal firm based in San Diego, CA, which helps individuals injured by hazardous chemicals assemble the records needed to file toxic exposure claims against liable manufacturers.