PFAS Lawsuit Update Today
PFAS Lawsuit Update Today: Skinner Accident & Injury Lawyers stepped up on behalf of Martinsburg residents in 2016 by filing a lawsuit to recover damages suffered by residents regarding water contaminated with PFAS or “forever chemicals.”
Runoff from the Air National Guard base in Martinsburg, WV caused dangerously high levels of chemicals that the Big Springs processing plant was unable to adequately filter. Our West Virginia product liability lawyer is committed to protecting West Virginia residents’ access to clean water.
Martinsburg Contamination Lawsuit
In 2016, the City of Martinsburg became aware that a significant portion of its drinking water had been contaminated by chemicals in firefighting foam that Shepherd Field Air National Guard Base failed to manage and dispose of appropriately. City attorneys quickly took legal action against the federal government for the irresponsible policies for cleanup.
They requested damages to cover the millions of dollars in costs of adequately filtering the contaminants from the drinking water, which required the city to shut down the plant for a significant amount of time and install new filtration systems. The entities named in our lawsuit include:
- Tyco Fire Products L.P.
- 3M
- National Foam, Inc.
- Buckeye Fire Equipment Company
- Chemguard
- E.I. DuPont De Nemours & Company
- The Chemours Co., LLC
We are seeking damages on behalf of citizens who may have faced adverse health effects because of the levels of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in the contaminated area. Skinner Accident & Injury Lawyers has named these seven entities in the PFAS water contamination lawsuit for their role in the contamination.
Our complaint asserts that these companies had knowledge of the negative impact these “forever chemicals” would likely have, including leaching into the water, and they knowingly sold, distributed, handled, used, and arranged disposal for PFAS and PFAS-containing materials. Around 6,000 residents receive water from the contaminated plant, and it is difficult to determine the full extent of the impact.
Injuries of PFAS Water Contamination Exposure
Though the companies named in the lawsuit may have failed to disclose the health risks of some of their products, they are well documented. The Environmental Protection Agency reports established links to significant and sometimes fatal health conditions.
Cancers
Researchers and oncologists have found a link between higher PFAS serum levels and various types of cancer, including kidney, testicular, breast, and thyroid cancer. The Division of Cancer Epidemiology and Genetics is also currently planning and conducting research on the connection between PFAS and other cancers like non-Hodgkin lymphoma and childhood leukemia.
Thyroid problems
Reports have shown trends that relate thyroid problems with PFAS exposure. More recent research shows that higher levels may lead to thyroid disruption and higher levels of hypothyroidism. This connection may be observed in some cases of birthing parents and newborn infants, though more research is needed.
Endocrine System
The effects of PFAS on the endocrine system are relatively well established. A 2024 study reports that PFAS seems to have a clear relationship with hormone dysregulation. This disruption of the endocrine system may also be the cause of fertility and reproductive complications that some may experience.
Liver Damage
Studies in recent years have shown that increased levels of PFAS can be linked to markers of liver damage. One of the associated problems found in the meta-analysis suggests that PFAS exposure may be associated with the increased prevalence of non-alcohol-related fatty liver disease.
We have evidence that shows us these chemicals are harmful to our bodies and the environment.
Other Possible Health Complications
Everyone will not experience the same adverse health effects. While we know the more common effects, the reality is that the full effects of PFAS exposure have yet to be identified and may still include developmental delays, ulcerative colitis, and reduced immune response, among others.
Still, we know that consumption through the water supply poses an increased risk of health concerns that Martinsburg citizens should not have to shoulder. Beyond just the physical impact of illness, this exposure can cause significant amounts of stress and anxiety for impacted populations.
Damages We Seek for Victims of the PFAS Water Contamination
In our court filings, our PFAS attorney has requested that the courts award the following in damages:
- Medical monitoring by a licensed medical professional, according to best practice, for the early identification of related health problems
- Non-economic damages for pain and suffering, loss of enjoyment of life, and emotional distress
- Interest to cover pre-trial and post-judgment time
- Attorney fees, when appropriate
- Court costs
In addition to the above, we have also requested punitive damages due to the companies’ knowledge of the dangers and continuation of manufacturing and distribution to, presumably, avoid damaging their profits or reputation.
3M’s Bid for Immunity
At the end of 2022, a South Carolina judge ruled against 3M, who tried to obtain a government immunity defense in the lawsuit. They argued that their status as a government contractor should allow it. However, Judge Richard Gergel stated that the company had better access to research than the government and knowingly withheld the risks of PFAS for decades. This decision may prove to be a massive win for our water contamination attorneys and those we represent, allowing them a chance to face the company that knowingly endangered countless people.
Stopped Production
In December of 2023, 3M reported that they will stop manufacturing these materials by the end of this year, 2025. This termination of manufacturing certain PFAS is undoubtedly due, at least in part, to the pressure they face from PFAS lawsuits from environmental and water contamination lawyers like ours. In 2024, 3M reported settlements with several public water agencies for billions of dollars to be paid out over the next several years. Our PFAS attorneys in Martinsburg, West Virginia, find this a promising result for our clients.
Legislation Changes and Legal Action Regarding PFAS Contamination
The public uproar over these incidents has prompted some changes in legislation to address these concerns. While we know that private companies may have known about these risks, government research and policy have begun to catch up to what is happening, and the West Virginia Legislature has passed additional PFAS protection laws to keep our communities safe.
In recent years, countless lawsuits have surfaced regarding PFAS contamination. Situations like the one in Martinsburg are becoming increasingly common across the country. Some of the PFAS lawsuits have targeted companies that knowingly withheld information that put people in danger, and others have targeted companies that failed to appropriately dispose of materials that could cause this kind of leaching and contamination.
These lawsuits will hopefully help inform more comprehensive legislation and limitations on what is required of these companies regarding identifying and disclosing PFAS in their products.
We hope that this broad show of upset will encourage entities to behave in a more ethical way and inform comprehensive and in-depth legislation to guide future efforts.
What Skinner Accident & Injury Lawyers Offers Our PFAS Lawsuit Clients
Skinner Accident & Injury Lawyers is passionate about bringing accountability to businesses that knowingly endanger our community. If you regularly used the drinking water in Martinsburg before 2016, you may want to speak with our water contamination lawyer in Martinsburg, WV, about your eligibility for compensation.
This is especially true if you have suffered any of the known health complications related to PFAS exposure. If you join the cause, you can trust that you’re getting representation from a team dedicated to helping others. No entity, whether big, small, or government-run, should escape accountability for knowingly endangering people.
Frequently Asked Questions About the PFAS Lawsuit
There are a lot of unknowns about how the lawsuit will proceed. We aim to always provide clear communication to help manage our clients’ expectations for their cases. If you are unsure of whether you want to pursue getting involved in our class action lawsuit for contamination, we may be able to help by addressing some frequently asked questions.
How Can I Afford a PFAS Lawyer?
Money is a concern for many Martinsburg, West Virginia, residents right now, and this may be especially true if you are coping with health problems related to PFAS water contamination. However, our PFAS lawyers provide initial case reviews at no charge, and we work on contingency.
We do not charge fees hourly or up-front, but we collect an agreed-upon percentage from your compensation. This allows you to rest assured that you aren’t accumulating legal fees only to walk away with nothing. We only get paid if we recover compensation for you.
I Do Not Have a Current Related Health Problem, but I Was Exposed to the Contaminated Water. Should I Still Reach Out?
Due to the research showing the danger of exposure, you may not need to have a currently presenting health condition caused by the contaminated water to be eligible for compensation. The exposure alone provides a significant risk to your health. However, it may affect the types and amounts of compensation you receive.
How Much Will Each Victim Receive If You Win the Settlement?
The breakdown of settlement awards will vary dramatically based on the types of injury each victim sustained, how much it cost them to treat, and how it affected their life. The actual award amount will depend on the total damages awarded by the judge. This lawsuit includes a request for punitive damages, which can significantly increase the amount of damages.
When Will We Receive the Settlement Payments?
Class action lawsuits can take years to settle. We are currently in year four of the process, and it may be a few more years before we have a confirmed verdict. Motions like 3M’s attempt to gain immunity can cause further delays. The amount of time it takes for you to receive the full settlement amount will depend heavily on how much is awarded and the agreed-upon payment schedule.
Why are PFAS Known as Forever Chemicals?
One of the biggest issues with PFAS is that they do not break down in the environment and can move through very quickly, making it difficult to contain contamination sites when they happen. This resistance to breakdown is one of the reasons they are commonly referred to as “forever chemicals.”
Little is known about how the body processes PFAS, other than the fact that it does not break them down efficiently. According to the Agency for Toxic Substances and Disease Registry, some may leave the body through urine (processed through the kidneys), while others leave more reliably through menstruation and breast milk.
Where Do PFAS Come From?
PFAS have been in use since the 1950s. The National Institute of Environmental Health Sciences explains that they are used in making many of the items we use every day. Most notably, they are used in grease-resistant food packaging (think pizza boxes), nonstick cookware, water and stain-resistant fabrics, and firefighting foam. As a result of their widespread presence, nearly every human carries trace amounts of PFAS in their bloodstream.
What Makes PFAS So Dangerous?
Research has shown that these chemicals can be carcinogenic and cause physical health problems at low doses. However, their prevalence in our environment and the way they may build up in our bodies are among the primary concerns regarding our health. No base amount of PFAS in serum blood tests is considered safe or normal.
Still, most Americans today would have detectable levels of these materials in their blood at any given time. Unfortunately, this is even true in child and infant populations who are exposed through contaminated water mixed with formula, PFAS excreted in breast milk, and countless other materials.
Call Skinner Accident & Injury Lawyers Today to Learn More About Your Rights and the Martinsburg Contamination Lawsuit
It is reasonable to think that companies will make efforts to ensure that their products are safe, if not for their own desire to be ethical, then at least for fear of lawsuits and liability issues. While we do see an emphasis on safety from some companies, that was not the case for the companies involved in this lawsuit. Our Martinsburg, West Virginia, water contamination attorney will fight to hold them accountable.
At Skinner Accident & Injury Lawyers, we are ready to remind corporations why engaging in ethical practices is in their best interest. We will fight for those who are now vulnerable to additional health struggles, and we hope this will influence legislation and regulatory changes to prevent this from happening again. If you want to learn more about your eligibility, call us today for a free consultation. We will treat you like family.