Did your fire department or municipality purchase firefighter turnout gear through 3M or DuPont/Chemours? If you’ve had to prematurely replace firefighter gear due to the risks of PFAS, your department or municipality could be entitled to compensation. Find out your rights »
WHAT’S THE ISSUE?
Hagens Berman and its co-counsel, Bliven Law Firm and Heenan & Cook, filed a class-action lawsuit alleging that firefighters’ turnout gear contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) “forever chemicals.” These chemicals shed to the wearer via exposed skin and create a health risk to firefighters. The lawsuit alleges manufacturers 3M and DuPont/Chemours sold firefighter turnout gear across the country, despite the known risks to human health. Our attorneys believe serving and protecting our communities in local emergencies, natural disasters and wildfires — deserve better. If you are a leader at the level of state, county, city or fire department, find out how you can get involved for the firefighters affected in your area and help firefighters across the country »
RISKS & COSTS FACING FIRST RESPONDERS
Studies cited in the lawsuit show first responders exposed to PFAS-impregnated turnout gear develop cancer at an alarming rate, and occupational cancer is the leading cause of line-of-duty death in fire service. Hundreds of thousands of firefighters face this risk across the nation, local municipalities and states, volunteer and specialty fire departments, and other organizations. These institutions are faced with the significant cost of premature replacement of turnout gear for their crews at significant cost. According to the lawsuit, the cost of turnout gear (excluding respirators) is approximately $3,000 per suit with many departments providing two suits for each firefighter. There are approximately 1,042,000 firefighters in the United States so replacement costs could and should run into the billions.
WHICH TURNOUT GEAR IS AFFECTED?
Affected turnout gear is allegedly manufactured and sold by 3M Company, DuPont, Chemours, Corteva, Globe Manufacturing Company, W.L. Gore & Associates Inc. and Lion Group. These companies are among the nation’s leading suppliers of fire-resistant gear, meaning many firefighters and fire departments have likely been affected. Attorneys continue to investigate other brands of turnout gear for the presence of PFAS.
ABOUT THE FIREFIGHTERS PFAS LAWSUIT
The class action brings claims against manufacturers and sellers of firefighter turnout gear including negligence, conspiracy and violations of the Racketeer Influenced and Corrupt Organizations Act, alleging defendants acted together to conceal the harms of PFAS in their products for decades. The lawsuit also alleges failure to warn, design defect, warranty claims, deceptive and unfair trade practices and violations of state laws pertaining to product liability and consumer protection.
FIREFIGHTERS FACE INCREASED PFAS EXPOSURE
Research shows elevated blood levels of PFAS have been found in firefighters, with dermal absorption through direct contact between the firefighters’ skin and turnout gear as “a key exposure route,” according to the lawsuit.
Turnout gear is essential PPE for firefighters with several components, including helmets, hoods, jackets, pants, suspenders, boots and gloves, all designed to repel the hazards of fighting fires. All turnout gear components are made up of three layers:
- a durable water repellant outer shell to protect the firefighter from direct flame,
- a middle moisture barrier to block the penetration of water, liquid chemicals and heat, while allowing sweat and body heat to escape, and
- an inner thermal liner to protect the firefighter from ambient heat.
Peer-reviewed scientific research studies have shown that all three layers of the turnout gear contain PFAS. Studies measured PFAS levels in turnout gear from firefighters across the country, many of which have contained significant levels of the forever chemicals including PFOA, PFOS, PFBA, PFPeA, PFHxA, PFHpA, PFNA, PFDA, PFUnA, PFDoA, PFBS, 6:2 FTS and 8:2 FTS.
According to one study, Graham Peaslee, professor of physics at the University of Notre Dame and lead researcher, stated that up to 70 percent of firefighters are predicted to die eventually from cancer, which is significantly higher than the rest of the general population. Peaslee commented that firefighter turnout gear is composed of “the most highly fluorinated textiles [he had] ever seen” and that the level of PFAS in the turnout gear means that firefighters are “swimming in a sea of [PFAS]. Those numbers for scientists are scarily high…” Additional studies have shown an established link between PFOA and testicular cancer, mesothelioma, non-Hodgkin’s lymphoma and prostate cancer, each of which is listed in the top eight cancers that firefighters contract more often than the public.
HOW CAN A CLASS-ACTION LAWSUIT HELP?
According to attorneys, turnout gear manufacturers may have put firefighters and fire department employees at risk of cancer, due to the presence of PFAS in their products, and allegedly concealed this fact from the public. Attorneys believe fire departments and municipalities should not have to pay for replacements when manufacturers knew the risks. In this lawsuit, attorneys seek to represent a class of fire departments and municipalities that purchased affected turnout gear. Class-action lawsuits seek to level the playing field, bringing strength to collective action to change corrupt practices. Though these measures do not bring immediate relief, they are a time-tested method for holding companies accountable for wrongdoing.
LAW FIRMS THAT CARE ABOUT FIREFIGHTERS
Hagens Berman is one of the most successful plaintiffs’ litigation law firms in the US and has achieved settlements valued at more than $320 billion for class members in lawsuits against manufacturers, retailers, food corporations, automakers, big banks and others. The firm has led class actions protecting the rights of vulnerable populations, including veterans and servicemembers, employees and others. The firm’s co-counsel, Bliven Law Firm and Heenan & Cook are fierce supporters of plaintiffs’ rights. Your claim will be handled by attorneys experienced in the law’s ability to hold wrongdoers to account.
NO COST TO YOU
In no case will any class member ever be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class's legal team.
