Firefighting Foam Lawsuit Updates

Case Works Can Help

Background of Firefighting Foam

Updates in Firefighting Foam Litigation

1960s – U.S. Military Promotes Firefighting Foam

Cardinal Health settled in a case brought forth by the United States for violating several portions of the Controlled Substances Act (CSA) in three states: New York, Florida, and Maryland. The company agreed to pay $44 million to settle the case

2002 – 3M Stops Manufacturing Firefighting Foam

3M stops manufacturing aqueous film-forming foam under pressure from the Environmental Protection Agency.

January 2, 2019 – Case Management Order No. 1

The Judicial Panel on Multidistrict Litigation determines that the personal injury lawsuits regarding aqueous film-forming foams have similar enough issues to be consolidated to the United States District Court of South Carolina. On January 2, 2019, the District of South Carolina issues Case Management Order No. 1, which provides details about how the aqueous film-forming foams personal injury litigation will be handled.

March 20, 2019 – Case Management Order No. 2

The District of South Carolina issues Case Management Order No. 2 that identifies Plaintiff and Defense leadership teams.

October 14, 2019 – Expert Witness Testimony

Plaintiff and Defense attorneys present expert witness testimony to the District of South Carolina.

September 9, 2022 – Plaintiffs Recommend Bellwether Cases

September 15, 2022 – Bellwether Cases Set for Trial

Three cases from the District of South Carolina are selected to act as bellwether cases for this litigation, knowing that the first cases will set the standard for the remaining plaintiffs. The case selected to go to trial first is the City of Stuart.

September 16, 2022 – Ruling on Defendant’s Motion for Partial Summary Judgment

The court denies 3M and other manufacturers’ motion for partial summary judgment based on their arguments for the government contractor immunity defense.

October 18, 2022 – North Carolina’s Attorney General Files Suit

The North Carolina Attorney General files two lawsuits against companies that manufactured firefighting foam for groundwater contamination at an airport and two Marine Corps base camps in their state. The suits allege that the manufacturers were aware of the hazards of the chemicals but continued to sell the products. The claims assert that the chemicals are linked to suppressing immune systems, increased risk of childhood infections, high cholesterol, thyroid disease, cancer, and other illnesses.

June 1, 2023 – Pretrial hearings begin for Bellwether Cases

June 5 & 6, 2023 – Jury Selection Begins Followed by Trial in Charleston, SC

Where is this litigation headed?

Case Works specializes in providing plaintiff firms with the support they need to focus on getting results for their clients. Case Works’ technology, client communication, and case management expertise is here to help compensate victims of exposure to toxic firefighting foam.