Judge Approves Major PFAS Settlements for BASF, Tyco Fire Products
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Two major PFAS lawsuit settlements are now set to move forward. Federal Judge Richard Gergel gave the final approval on Friday for a $750 million settlement involving Tyco Fire Products and a $316.5 million settlement involving BASF Corporation, determining that both payouts were “fair, reasonable, and adequate.”
Both settlements will resolve claims of contamination involving per- and polyfluoroalkyl substances (PFAS), also known as forever chemicals. According to the Environmental Protection Agency, these chemicals are widely used and very slow to break down, meaning they linger in the environment.
Exposure to these chemicals is linked to potentially serious health effects, such as cancer, infertility and birth defects. As a result, many plaintiffs have filed lawsuits.
Both newly approved settlements involve claims that PFAS-containing products manufactured by Tyco Fire Products and BASF Corporation contaminated public drinking water. The money from these settlements will fund the affected public water systems.
According to the Milwaukee Journal Sentinel, Tyco Fire Products conducted outdoor testing of its firefighting foam that contained PFAS for over 50 years, with PFAS leaking into the surrounding soil and a sewer system. The company had previously reached a settlement with hundreds of households in an affected area.
BASF Corporation’s $316.5 million settlement will also resolve claims that its firefighting foam contaminated drinking water in some public water systems.
Both settlements were already announced before receiving final approval last week.
Firefighting Foam at Center of Many PFAS Lawsuits
PFAS contamination and exposure can occur in many ways, but one source involved in much of the ongoing litigation is aqueous film-forming foam (AFFF), a type of fire suppressant.
The foam has been used in airports, military bases and other facilities for years, leading to significant exposure risk. Just a few months ago, in August, a major AFFF spill occurred at an airport in Maine, with over 1,000 gallons discharged by a faulty suppression system.
Firefighters, first responders and others who were exposed to AFFF have filed lawsuits. The affected individuals claim that their AFFF exposure is tied to serious health concerns like kidney cancer, bladder cancer, ulcerative colitis and more.
In November, over 7,000 AFFF lawsuits were pending in multidistrict litigation.
In addition to those exposed directly to AFFF, individuals have also filed lawsuits over PFAS water contamination. Lawsuits claim that some people developed cancer and other health concerns after drinking contaminated water.
According to the U.S. Geological Survey, at least 45% of the tap water in the U.S. is estimated to contain at least one type of PFAS.
Editor Lindsay Donaldson contributed to this article.
