Chelsea Dickerson
Dickerson Oxton attorney Chelsea Dickerson is a dedicated advocate for injury victims, focusing her practice on personal injury and mass tort litigation. As co-founder of the firm, she has helped recover millions of dollars for clients in serious injury, trucking accident, motorcycle accident, and wrongful death cases. Chelsea is known for her aggressive, evidence-driven approach and her commitment to holding insurance companies and negligent parties accountable. She also represents consumers nationwide in complex pharmaceutical and medical device litigation.
According to the Environmental Working Group (EWG), there have been over 900 instances of aqueous film-forming foam (AFFF) entering local waterways. In all of these cases, the foam in question contained polyfluoroalkyl substances (PFAS), also known as “forever chemicals.” This issue affects all Missouri residents and Americans, but firefighters have suffered some of the worst and immediately visible injuries. AFFF has become a central component in the toolkit of the average fire department, and many firefighters use this substance without fully understanding the health risks.
Those who suspect that they might have developed health problems due to exposure to forever chemicals might wonder whether they can file an AFFF lawsuit. Does one have to be a firefighter to qualify? How does one prove that their health issues were directly caused by AFFF exposure? These are questions that are worth exploring alongside an experienced AFFF lawsuit attorney in Missouri. Continue this conversation by contacting Dickerson Oxton at (816) 542-6599.
What Is an AFFF Lawsuit?
An AFFF lawsuit is a type of personal injury claim. Those who have developed health issues due to AFFF exposure may be eligible to file this type of claim. In general terms, a personal injury lawsuit allows a victim to pursue compensation for their various damages. In the context of an AFFF lawsuit, these damages might include economic (financial) and non-economic (psychological) losses. A victim of AFFF exposure may experience medical bills, lost income, emotional distress, loss of enjoyment of life, depression, and many other issues. If the health issues prove fatal, the dependents and the family members of the victim may incur funeral expenses while experiencing grief, loss of consortium, and other damages.
In order to file most personal injury claims, victims must establish negligence. This is a four-part legal concept consisting of “duty of care,” “breach of duty,” “causation,” and “injuries.” All four elements of negligence must be present for many lawsuits to prove successful. That said, something called “strict liability” may apply to AFFF lawsuits. A claim of this nature could fall into the category of product liability, and it might not be necessary to establish negligence when filing these types of claims. Those who wish to learn more about strict liability may wish to speak with Dickerson Oxton. Each AFFF lawsuit also needs a defendant. This is the party who is responsible for causing or contributing to the injuries. In the context of an AFFF lawsuit, this defendant is usually the manufacturer of the firefighting foam.
Can Only Firefighters File AFFF Lawsuits?
Firefighters are some of the most common victims of AFFF exposure for obvious reasons. These individuals are most likely to come into direct contact with AFFFs, and some were exposed to forever chemicals on numerous occasions throughout their careers. Many firefighters are trained with AFFFs, even if they never actually use the foam in a real firefighting scenario. Sometimes, health issues begin to appear a few months or years after initial exposure. In other cases, these health problems only manifest decades after initial exposure, when firefighters have retired or transitioned to different careers. But while firefighters are perhaps the most common plaintiffs in AFFF lawsuits, they are not the only people who can sue after AFFF exposure.
Many other professionals were exposed to these dangerous foams, including military personnel, airport workers, oil industry employees, and hazardous materials (HAZMAT) response teams. In addition, employees of the chemical companies that manufactured these foams may have suffered severe levels of exposure. Finally, average civilians who lived in areas where AFFF saw heavy use may have suffered exposure after forever chemicals contaminated the local soil, water, and air. For example, a civilian might have been exposed to forever chemicals because they lived next to a fire department where AFFFs were in heavy use during training exercises. The key point is simple: Those who were exposed to AFFFs in any way may be able to file AFFF lawsuits. Employment history may not matter, and one of the few ways to determine eligibility is to speak with a lawyer.
What Kind of Health Issues Can Lead to AFFF Lawsuits?
The forever chemicals present in AFFFs can lead to various health issues. The National Cancer Institute highlights various types of cancer that are associated with PFAS exposure. These include cancers that affect the kidneys, testicles, breasts, ovaries, prostate, blood cells, thyroid, and bones. Those who suspect that their cancer may have been caused by AFFF exposure may want to consider the possibility of a lawsuit.
Aside from cancer, PFAS can cause many other health issues. The Environmental Protection Agency highlights issues such as reproductive problems, developmental problems in children, immune system problems, hormonal issues, and an increased risk of obesity. The truth is that medical professionals are still trying to understand how PFAS affect the human body, since these types of chemicals are relatively new. Those who have experienced health issues that are not commonly linked with PFAS exposure may still wish to explore the possibility of a lawsuit. The most important step is to see a doctor, seek an official diagnosis, and explore options for testing. With detailed medical records, it may be easier to file an AFFF lawsuit.
Learn More About AFFF Lawsuits With Dickerson Oxton
Today, organizations like the Interstate Technology Regulatory Council (ITRC) openly admit that firefighting foam does not need to contain PFAS. Environmentally friendly, safe alternatives are available, and one can only assume that the PFAS-containing foams will be phased out across American fire departments. If these alternatives are comparable in performance to PFAS-containing AFFFs, one has to wonder why they were not used in the first place. Some evidence shows that major manufacturers knew about the health risks of AFFFs and neglected to inform fire departments or the public. While there is no turning back time, victims and families affected by this negligence can at least seek some degree of compensation, closure, and justice. The first step may be to speak with a personal injury lawyer in Missouri who is familiar with AFFF lawsuits. Continue this conversation by contacting Dickerson Oxton at (816) 542-6599. We serve residents of Kansas City.