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In Re: Aqueous Film-Forming Foams Products Liability Litigation (MDL No. 2:18-mn-2873-RMG)
In October 2018, several manufacturers of Aqueous Film Forming Foam (AFFF) filed Motions to Consolidate the 84 AFFF cases pending around the country before a single judge, pursuant to 28 U.S.C. § 1407. The cases subject to consolidation included class actions, personal injury claims, and individual lawsuits brought on behalf of municipalities and water districts for costs associated with well head treatment. The Judicial Panel for Multidistrict Litigation (JPML) heard oral arguments on Defendants’ Motions to Consolidate on November 29, 2018. On December 7, 2018, the JPML ordered that all AFFF-related cases around the country be consolidated before Judge Richard Gergel of the District of South Carolina.
The cases are generally brought against manufacturers of aqueous film-forming foam (AFFF) containing PFCs, who designed, manufactured, marketed, and sold AFFF to municipal airports, chemical plants, fire departments, fire training centers, and other industrial facilities knowing it would be discharged into the environment and inevitably contaminate surface water and groundwater drinking supplies throughout the country. The complaints generally allege that plaintiffs have been exposed to high levels of PFCs and are now at an increased risk of several health effects, including effects on the liver and the immune system, high cholesterol, changes in thyroid hormone, as well as kidney and other cancers.
There are currently approximately 200 cases pending in the AFFF MDL. The plaintiffs in these cases include municipalities (cities and counties), private water districts, public water districts, state attorneys general, and individual personal injury/medical monitoring plaintiffs.
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