Firefighter Foam Mass Tort Marketing Campaigns For Lawyers

November 14, 2024

October 6, 2025 has been established as the trial date for the Tier 2 Group A bellwether trials, with the main focus being on whether or not the expert witnesses on the plaintiffs’ side are approved to testify, despite Daubert challenges posed by the defense. 

November 1, 2024

To ensure the litigation remains on track, the court has issued a revised case management order with key deadlines for the personal injury bellwether trial pool cases. 

For Tier 2 Group A cases, fact discovery will continue through December 16, 2024. During this phase, parties will complete fact-finding efforts and conduct non-party depositions, with restrictions on additional discovery requests. Once discovery closes, expert witness reports will be exchanged, and depositions of experts are set to conclude by May 14, 2025. The first trial for these Group A cases is scheduled to begin on October 6, 2025.

In parallel, the parties will determine which Group A cases will proceed to trial, with trial designations and associated motions due by April 2025. Summary judgment and Daubert motions are required by June 6, 2025, with responses and replies expected by July. 

For Tier 2 Group B cases, fact discovery will remain open until March 17, 2025. Additionally, the parties are finalizing schedules for expert witness disclosures related to thyroid and ulcerative colitis claims, with these schedules expected to be submitted by December 2024.

A plaintiff from Boerne, Texas filed a lawsuit on October 22, 2024, alleging that extended exposure to firefighting foam (AFFF) products containing PFAS throughout their U.S. Navy service resulted in their thyroid cancer diagnosis and other major health problems.  The lawsuit names chemical manufacturers 3M, Chemours, and Dupont, among others, pointing to PFAS compounds in the foaming products and their dangerous bioaccumulative and carcinogenic qualities. The plaintiff seeks damages in the MDL (multi-district litigation).

The AFFF litigation intensifies as a North Carolina firefighter sues major chemical companies, claiming PFAS exposure led to his kidney cancer. The lawsuit targets 3M, DuPont, and others, alleging negligence and concealment of risks.

A new case management order streamlines deposition procedures for upcoming bellwether trials. The first Telomer Water Provider trial is set for March 2025, potentially impacting the timeline for individual firefighter claims.

Despite a dip in July, the MDL saw a surge of 500 new cases in August, bringing the total to 9,576.

The AFFF MDL docket was quiet in August, but September may be more productive. Massachusetts pushes on with it’s PFAS ban in firefighting gear by 2027. Zub v. 3M Company is another ongoing case of wrongful death involving a young firefighter.  Tyco Fire Products’ insurance supports the company with the $750 million deal with water systems, which could open up AFFF-related settlements in the future.

Plaintiffs’ AFFF lawyers submitted a proposal to Judge Richard Gergel to streamline cases by focusing bellwether trials on specific cancers from targeted sites. They suggested using cases from Pennsylvania for kidney and testicular cancers, and from Colorado for thyroid disease and ulcerative colitis, to reduce the discovery burden and expedite trials. This strategy aims to ease the court’s workload and improve trial efficiency by ensuring common issues across cases.

A former Ohio firefighter joined the AFFF MDL, alleging PFAS exposure from firefighting foam caused his kidney cancer. Additionally, 250 new AFFF cases were added to the MDL in May, bringing the total to 8,270. This reflects ongoing growth in litigation as more individuals file claims related to PFAS exposure.

Case Management Order No. 30 established a protocol for dismissing non-qualifying personal injury claims in the AFFF class action. Our firm narrowed its focus to six specific diseases: ulcerative colitis, liver cancer, kidney cancer, testicular cancer, thyroid disease, and thyroid cancer. Six new tag-along cases, including three water contamination claims and three personal injury cases, were moved into the AFFF MDL. The total number of pending cases surpassed 8,000, with 323 new cases added in the past month.

The AFFF MDL saw a surge of 568 new cases, marking the highest monthly increase in over a year, bringing the total to 7,738. The first round of bellwether trials will feature liver and thyroid cancer cases, chosen for their strong causal link to AFFF exposure. These trials aim to establish precedent and inform future litigation strategies.

The MDL continued to grow with 176 new cases in the past 30 days, totaling nearly 400 new cases since the beginning of the year. The settlement deal resolving water contamination cases last summer has not slowed the influx of new cases related to personal injury and cancer claims linked to AFFF exposure.

A landmark $1.18 billion settlement involving DuPont, Chemours, and Corteva was approved, addressing PFAS pollution in drinking water. This follows a separate $12.5 billion agreement with 3M, shifting the focus of litigation to AFFF-related wrongful death and personal injury lawsuits. Additionally, 279 new cases were added to the AFFF MDL in January, bringing the total to 6,994.

The AFFF MDL added 88 new cases, reaching 6,715 total pending cases. A new AFFF lawsuit was filed in Alabama, alleging testicular cancer from PFAS exposure through contaminated drinking water. Efforts continue to separate personal injury and water contamination cases within the MDL to better focus on AFFF firefighting foam litigation. The MDL grew to 6,627 cases with 227 new cases added in the last month, indicating a significant increase in personal injury claims following the resolution of water contamination cases earlier in the year.