Feature
Firefighting Foam and Cancer
Recently filed lawsuits suggest that carcinogens contained within the commonly used aqueous film-forming Graham Newman foams (also known as “AFFF”) may be a cause of heightened levels of cancer within the firefighting community. According to the International Association of Fire Fighters, during the 15-year period from 2002 to 2017, cancer caused 61 percent of career firefighter line-of-duty deaths.This dwarfed the second leading cause of death — heart disease — which accounted for only 18 percent of line-of-duty deaths
during the same period. Lawsuits now pending, along with evolving scientific evidence, seek to lay the blame for at least part of the surge in cancer deaths at the feet of the manufacturers of AFFF.
The Science Connecting AFFF and Cancer AFFFs have been used throughout the firefighting world for decades. Environmental concerns pertaining to their use, however, came to light when dangerously high levels of carcinogens were detected in groundwater near areas where AFFFs were commonly used. Sites such as military bases, airports, and fire stations have become environmental cleanup zones as communities attempt to remedy the contamination
and avoid a potential health crisis caused by ingestion of carcinogentainted water. The specific chemicals within AFFF that give rise to these concerns are known as per- and polyfluoroalkyl substances (“PFAS”). Exposure to PFAS has been linked to an increased risk of contracting many different types of cancer, including testicular cancer, mesothelioma, non-Hodgkin’s lymphoma and prostate cancer. PFAS has also been linked to non-cancerous illnesses such as thyroid disease and liver disease. Obviously drinking water contaminated with PFAS is a bad idea. However, beyond concerns of water contamination, in 2015 a study first confirmed elevated levels of PFAS in the blood of firefighters who had been exposed to AFFFs
for an extended period of time. This study did not analyze, however, the potential ways in which the carcinogens migrated into the body. More analysis needed to be done. In 2019, a study conducted by the National Institute or Occupational Safety and Health suggested that skin exposure to AFFF and the chemicals it contains is sufficient to transfer carcinogens into the body.Within this study, mice were topically treated with AFFF carcinogens.After only four days of skin exposure,AFFF carcinogens were detected within the mouse blood.Though the authors of the study emphasized that its results need to be analyzed and confirmed by additional scientific research, this individual study did reveal a connection between skin exposure to AFFF carcinogens and deleterious health effects.
Lawsuits Arising from AFFF The lawsuits stemming from AFFF carcinogens include both communities seeking funding for environmental clean-up and individuals asserting damages related to cancer and other health defects they believe were caused by their exposure to AFFF. As of August 17, 2020, 739 cases have been filed throughout United States federal courts.These cases have been centralized in what is known as “multidistrict litigation” where one judge presides over all cases. Judge Richard Gergel in Charleston, South Carolina has been appointed to oversee the litigation. Though the scientific connection between AFFF exposure and cancer and other illnesses appears to be strengthening, proving a specific claim is not easy. Some cancers and illnesses have a stronger relationship to the carcinogens found within AFFF than others. Other illnesses have known risk factors that could make it difficult to establish that your illness was caused by exposure to AFFF. For example, it is well-established that smoking causes lung cancer.Thus, if an individual had a history of smoking tobacco, it would be very difficult to prove that his or her lung cancer was caused by AFFF. For this reason, proving an AFFF exposure claim requires a good deal of preparation. Sufficient personal and health history must be gathered to provide medical experts with the evidence to testify that an individual’s illness most likely was caused by AFFF carcinogens.This includes ordering medical records, speaking with witnesses familiar with the individual’s exposure to AFFF, establishing what brand of AFFF was used, and many other steps necessary to build a strong case. Compounding the difficulty of establishing a claim is the fact that a three-year statute of limitations applies to all such claims within the state of South Carolina. (Other states, such as Georgia and North Carolina,
28 Fall • 2020
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