PFAS Damage Awards Could Dwarf the Financial Impact of Historic Asbestos Litigation

In a stern warning to the plastics industry, defense lawyer Brian Gross has forecasted an impending wave of lawsuits surrounding PFAS, the “forever chemicals.” Speaking at a conference earlier this year, Gross highlighted the potential for these lawsuits to surpass the scale and financial impact of the infamous asbestos litigation, one of the largest corporate liability issues in U.S. history.

PFAS, or per- and polyfluoroalkyl substances, have been widely used in various consumer products for decades. Found in everyday items such as cosmetics, food packaging, and non-stick cookware, these chemicals have been linked to severe health risks, including cancer. Recently, the federal government mandated the removal of certain PFAS types from the drinking water of millions of Americans, underlining the severity of the issue.

Gross urged industry executives to take proactive measures, such as reviewing marketing materials and internal communications for potential liabilities and ensuring that only the most reliable witnesses represent their companies. His comments, recorded during the February session and reviewed by The New York Times, highlight the urgent need for companies to brace for extensive legal challenges.

The Pervasiveness and Impact of PFAS

PFAS are ubiquitous, having been detected in various environments, including drinking water, rain, and even snow in remote regions like Antarctica. These chemicals are believed to be present in the blood of nearly every American, underscoring their widespread contamination. Research has linked PFAS exposure to numerous health issues, such as testicular and kidney cancers, developmental delays in children, reduced fertility, liver damage, and thyroid disease.

The persistence of PFAS in the environment and the human body is particularly concerning. These man-made chemicals are incredibly resistant to degradation, earning them the moniker “forever chemicals.” This resistance means they accumulate over time, increasing the risk of adverse health effects with prolonged exposure.

The Legal Landscape for PFAS Claims

As awareness of PFAS-related health risks grows, so does the number of lawsuits filed against companies involved in their production and use. Victims of PFAS exposure are seeking compensation for the harm they have suffered, including medical expenses, lost wages, and pain and suffering. The legal process for filing a PFAS-related lawsuit is intricate and requires specialized knowledge and experience.

The first step in pursuing a PFAS lawsuit is to establish a connection between the exposure and the resulting health issues. This involves gathering comprehensive evidence, including medical records, environmental testing results, and expert testimony. An experienced attorney can help victims navigate this complex process, ensuring that all necessary documentation is collected and properly presented.

Once the case is filed, the discovery phase begins, where both parties exchange information and gather further evidence. This phase can be lengthy and requires meticulous attention to detail. An attorney’s expertise is crucial during this stage to build a strong case and prepare for potential negotiations or trial.

Negotiating a settlement is often the next step, but if an agreement cannot be reached, the case may proceed to trial. Throughout this process, an attorney provides essential support and advocacy, working to secure the maximum compensation for the victim.

Why Legal Representation is Essential

Hiring an attorney is vital for navigating the complexities of a PFAS lawsuit. An experienced product injury lawyer can guide victims through each step, from gathering evidence to negotiating settlements or representing them in court. They ensure that the victim’s rights are protected and that they receive the compensation they deserve.

Damages recoverable in a PFAS lawsuit can include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages designed to punish particularly egregious behavior by the defendants. Given the intricate nature of these cases, having an experienced attorney on your side is indispensable.