With Trial Looming, Judge Overseeing PFAS Lawsuits Pushes for a Settlement
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With a key trial just months away, the judge overseeing thousands of PFAS lawsuits pending in federal court is encouraging both sides to agree to a settlement.
On Friday, Judge Richard Gergel made it clear that a settlement should be reached before the trial can even take place, Bloomberg Law reported.
The trial, which is scheduled for Oct. 20, involves claims that people who drank PFAS-contaminated water developed kidney cancer. Cases involving claims of testicular cancer, thyroid disease and ulcerative colitis are also moving along through the legal process.
A settlement for people who claim they were impacted by PFAS would be a milestone development in this years-long litigation.
What a PFAS Settlement Could Mean for People Who Have Filed Lawsuits
A settlement could be a big win for the thousands of people who say they were impacted by PFAS contamination.
Lawsuits claim that aqueous film-forming foam (AFFF), a type of firefighting foam that contains PFAS chemicals, seeped into the environment around military bases and contaminated drinking water.
AFFF can contain both PFOS and PFOA, two types of forever chemicals that have been consistently linked to serious health issues. The International Agency for Research on Cancer classifies PFOA as “carcinogenic to humans” and PFOS as “possibly carcinogenic.”
If a settlement is agreed upon in the coming months, it’s unclear exactly how many existing cases would be covered. While the upcoming trial focuses on kidney cancer, cases for several types of conditions are advancing.
Judge Gergel had previously divided the types of conditions into two groups, with Group A including kidney cancer and testicular cancer claims. That group is moving ahead first.
Lawyers representing people who have filed lawsuits had pushed for testicular cancer cases to also be included as part of the October trial. Judge Gergel decided against that request over concerns that it could confuse the jury.
The Group B cases, which cover claims of ulcerative colitis and thyroid disease, are also working toward eventual trials.
PFAS Lawsuits Have Already Resulted in Multi-Billion Dollar Settlements
If a settlement is agreed to in the coming months, it will be far from the first time these companies have agreed to pay significant sums to resolve PFAS contamination claims.
While much of the PFAS litigation is now focused on individuals who were impacted, public water systems had previously brought lawsuits over claims that their water supplies had been contaminated.
In 2023, chemical manufacturing giant 3M agreed to pay $10.3 billion to public water suppliers who had brought lawsuits. Just last month, the company agreed to another settlement worth up to $450 million with the state of New Jersey over PFAS contamination.
Firefighting foam producer Tyco Fire Products also previously agreed to a $750 million settlement over claims that its products contaminated drinking water in Wisconsin.
BASF Corporation similarly settled cases for $316.5 million settlement with public water systems.
A settlement for individuals who say they were impacted by PFAS contamination could provide similar relief, although an exact dollar amount likely won’t be known before an agreement is reached.
