Class action lawsuit filed against PFAS chemical producers

Photo via USAF Air Combat Command

From The Intercept (Sharon Lerner):

A class action lawsuit against 3M, DuPont, and Chemours was filed this week on behalf of everyone in the United States who has been exposed to PFAS chemicals. The suit was brought by Kevin Hardwick, an Ohio firefighter, but “seeks relief on behalf of a nationwide class of everyone in the United States who has a detectable level of PFAS chemicals in their blood.” Hardwick is represented by attorney Robert Bilott, who successfully sued DuPont on behalf of people in West Virginia and Ohio who had been exposed to PFOA from a plant in Parkersburg, West Virginia.

In addition to 3M, DuPont, and its spinoff, Chemours, the suit names eight other companies that produce the toxic chemicals, which are used to make firefighting foam, nonstick cookware, waterproof clothing, and many other products. While much of the litigation around PFAS has focused on PFOA and PFOS, this suit targets the entire class of PFAS chemicals, including “the newer ‘replacement’ chemicals, such as GenX.”

Rather than suing for cash penalties, the suit seeks to force the companies to create an independent panel of scientists “tasked with thoroughly studying and confirming the health effects that can be caused by contamination of human blood with multiple PFAS materials.” Such a panel would parallel the C8 Science Panel, which was created by the earlier class action litigation in West Virginia. That panel, overseen by epidemiologists approved by lawyers from both sides in the suit, found six diseases to be linked with PFOA exposure, including testicular cancer and kidney cancer.

“With multiple PFAS chemicals now contaminating the blood of people all over this country, it should be possible to build upon and expand the C8 Science Panel model to encompass a comprehensive, nationwide investigation of the impact of multiple PFAS chemicals,” Bilott said in a press release.

Critically, the settlement creating the C8 Science Panel stipulated that DuPont was unable to contest the links found by the C8 Science Panel in court, which helped lead to multiple verdicts in which the company was held liable. To date, DuPont has paid more than $1 billion in penalties as a result of the earlier PFOA litigation. The primary goal of the new lawsuit is the creation of a national study that would be similarly binding.

“The hope is it would go a long way to resolving the PFAS crisis by providing scientific answers that everybody involved would commit to,” said Bilott in an interview. “Otherwise there’s the potential for endless litigation and fighting over the meaning of the science.”

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