Illnesses From PFAS – “Forever Chemicals”
Find Out if You Are Eligible for a Lawsuit
Per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” are a group of 15,000 manmade synthetic chemicals used in thousands of products for their ability to resist heat, grease, oil, stains, and water. First developed by the DuPont Corporation for numerous applications, the most prominent use is the non-stick Teflon coating applied to cookware worldwide. PFAS is resistant to environmental breakdown and can be found in numerous consumer, commercial, and industrial products, including food packaging and personal hygiene products.
PFAS accumulates over time as ingestion of PFAS often occurs faster than the body can excrete the chemicals. Longer chain chemicals are more persistent. It is estimated that 99 percent of the U.S. population have some form of PFAS in their blood, particularly perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). The human half-life of PFAS varies significantly, from several days to more than 15 years, depending on the type of PFAS and rate of exposure. Animal species, water, soil, and dust have also been found to contain levels of PFAS chemicals.
Are PFAS Federally Regulated?
In April 2024, the EPA issued a final rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known as Superfund, to protect citizens from health risks. The final rule also addresses site contamination by enabling investigations and cleanup and ensuring that leaks, spills, and other releases are reported.
Additionally, the EPA issued a separate CERCLA enforcement discretion policy detailing the EPA’s direct enforcement of parties who significantly contributed to the environmental release of PFAS. This includes manufacturers and manufacturers using PFAS in manufacturing, federal facilities, and other responsible industrial parties.
The U.S. Food and Drug Administration (FDA) continues to approve PFAS for use in food packaging and cookware but maintains that the levels are safe and not harmful to consumers. Currently, no laws require manufacturers to disclose the use of PFAS in their products and materials. In 2021, Congress introduced the Keep Food Containers Safe From PFAS Act, currently in review, and several states have begun enacting new food packaging regulations addressing PFAS.
How Does PFAS Exposure Occur?
The widespread use of PFAS and their versatile adaptability to various environments means humans are regularly exposed to forever chemicals in numerous ways. Some of the more common forms of exposure include:
- Consuming PFAS-contaminated water and foods, particularly exposed livestock and fish or foods packaged with PFAS materials, such as fast-food and candy wrappers, pizza boxes, and microwave popcorn bags.
- Occupational exposure in PFAS manufacturing and processing plants or manufacturing products containing PFAS, such as electronics, textiles, and paper factories.
- Inhaling dust or soil particles from PFAS-contaminated sites, such as landfills and hazardous waste disposal sites and Superfund and Resource Conservation and Recovery Act (RCRA) sites.
- Using cosmetics, hair care, and household cleaning products containing PFAS.
- Exposure to stain and water-repellant products in non-stick cookware, clothing, upholstery, carpets, paints, sealants, and varnishes.
- Exposure to biosolids fertilizer sourced from wastewater treatment plants and applied to food crops and agricultural land.
Who Is At Risk of PFAS Exposure?
Nearly everyone in the United States has been exposed to PFAS at some point. According to the CDC, individuals more at risk of exposure and related health conditions than others include:
- Workers: Individuals who work with PFAS or in industries manufacturing products containing PFAS are also at higher risk of exposure.
- Newborn and Unborn Infants: PFAS concentrates in breast milk and penetrates the placenta, exposing fetuses and breast-fed babies. Long-term PFAS exposure can also lead to a chemical buildup in people of child-bearing age, which can further increase exposure to fetuses and breastfeeding babies.
- Children: Children who are developing breathe, eat, and drink more water per pound of body weight than adults and may be more sensitive to the harmful effects of PFAS. Toddlers and young children who spend more time crawling, sitting, or lying on floors may be further exposed to carpet and floor cleaners, chewing on toys and fabrics, and putting their hands in their mouths.
- Residents: People who live in communities with contaminated water supplies are at higher risk of exposure, particularly individuals of African American and Hispanic ethnicities.
Groups with the highest risk of PFAS exposure and devastating cancers include firefighters, the military, and workers in the shipbuilding, petroleum, and auto industries due to the Aqueous Film Forming Foam (AFFF). A fire suppressant containing PFAS, AFFF is used to fight flammable liquid fires unaffected by water alone, such as oil, gas, and other chemicals. Mixed with water, concentrated AFFF becomes a thick creamy foam that coats the liquid fuel containing flammable vapors and forms a barrier to prevent the spread and smother the fire.
Tens of thousands have been exposed to firefighting foam, which contaminates all surfaces, including protective firefighting gear and clothing, placing others at significant risk of secondary exposure.
The U.S. Department of Defense has ordered all military facilities to discontinue AFFF use by October 1, 2024. American fire departments and airports have already begun efforts to eliminate and discontinue the use of AFFF.
What Health Risks Are Associated With Exposure to PFAS?
The longevity of PFAS, its extended accumulation in the body, and interaction with other substances can lead to numerous significant health risks. Most notably, PFAS exposure has been linked to numerous aggressive cancers, including bladder, breast, leukemia, liver, Hodgkin and non-Hodgkin lymphoma, multiple myeloma (plasma), pancreatic, prostate, kidney, testicular, thyroid, uterine, and endometrial. Other health risks include but are not limited to:
- Decreased liver function
- Developmental delays, behavioral changes, and accelerated puberty in children
- Inability to fight infection
- Low fertility rates
- Hormonal disruption
- Hypertension (preeclampsia) in pregnant women
- Increased cholesterol
- Low birth weight
- Lowered response to vaccinations
- Reduced immune system and inability to fight infection
- Thyroid disease
- Ulcerative colitis
What Are Legal Options for PFAS Exposure Illnesses?
The first major PFAS litigation began in 1999 against DuPont for contaminating water sources in West Virginia and killing hundreds of cattle through reckless disposal practices. Since then, several other companies have faced litigation over their role in causing PFAS contamination throughout the United States.
DuPont and chemical companies Chemours and Corteva established a $1.9 billion fund 2023 to assist with PFAS cleanup efforts. Additional chemical companies, including 3M, National Foam, Dynax, and Chemguard, are currently named in thousands of pending PFAS lawsuits.
If you have been diagnosed with a PFAS-related illness, you may be eligible for a personal injury lawsuit, multidistrict litigation for water or environmental contamination, or AFFF class action lawsuit. Damages you may be eligible to recover include:
- Medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Emotional and psychological trauma
- Loss of quality of life
- Personal property damage
Our PFAS Lawyers at Goldstein & Goldstein Help Clients Seek Justice and Compensation for Expose Illnesses
If you or a loved one has been diagnosed with a devastating illness due to PFAS exposure, our experienced PFAS lawyers at Goldstein & Goldstein can help you recover compensation for your injuries and losses. Call today at 973-675-8277 or visit us online to schedule a free consultation. Located in East Orange, New Jersey, we serve clients in the surrounding areas.