PFAS/Martinsburg Water Contamination Lawsuit

Skinner Accident and Injury Lawyers took a stand on behalf of the citizens of Martinsburg, West Virginia after the city’s municipal water system was contaminated with toxic per- and polyfluoroalkyl substances, collectively known as “PFAS.” This contamination happened after Aqueous Film Forming Foam also known as “AFFF” used by Shepherd Field Air National Guard Base for fire suppression was not properly cleaned up and ran off into the water supply. SAIL filed a Class Action lawsuit against seven defendants including 3M Company and Dupont, for the damages and injury to the people who drank and used the water in the City of Martinsburg’s municipal water system prior to 2016. 

 Commonly known as “forever chemicals” PFAS are a group of man-made chemicals that have been used since the 1940s in various industrial and consumer products. They are called “forever chemicals” because they don’t break down easily in the environment, or in our bodies, which means PFAS can accumulate in human bodies and pose a dangerous health risk. 

While there are many health risks associated with the presence of PFAS in our bodies, the Skinner Accident and Injury Lawyers class action suit focuses specifically on the following health conditions:

  • Kidney Cancer
  • Testicular Cancer
  • Thyroid Disease/ Cancer
  • Ulcerative Colitis

If you have been diagnosed with one of these injuries, and regularly drank or used the municipal water from Martinsburg, West Virginia you may be eligible to join our Class Action. Provide your details to our team today to assess your eligibility.

The lawsuit asserts that the following seven defendants deliberately concealed the dangers of PFAS, withheld scientific evidence, and intentionally, knowingly, and recklessly sold, distributed, released, transported, supplied, arranged for disposal or treatment, and handled and used PFAS and PFAS-containing materials in West Virginia in a way that they knew would contaminate natural resources and expose Martinsburg residents to harm:

  • 3M COMPANY (F/K/A Minnesota Mining and Manufacturing Co.)
  • TYCO FIRE PRODUCTS L.P.
  • NATIONAL FOAM, INC.
  • BUCKEYE FIRE EQUIPMENT CO.
  • CHEMGUARD
  • E. I. DUPONT DE NEMOURS & CO
  • THE CHEMOURS CO., LLC.

The complaint contends the defendants knew or should have known that:

  • PFAS persist in the environment and do not degrade.
  • PFAS would accumulate and build up in animals and humans exposed to PFAS.
  • PFAS are potential or confirmed carcinogens.
  • Continued manufacture and use of PFAS would inevitably result in continued and increased levels of PFAS getting into the environment and into people’s bodies.

The lawsuit also contends that the defendants knew PFAS are toxic and pose substantial health and environmental risks but hid this.  Specifically, the companies neglected to tell people what was in the products, suppressed the scientific evidence that the chemicals were hazardous, discharged the chemicals into the environment, and distributed the chemicals all over the world, including into West Virginia, knowing that PFAS would contaminate natural resources and threaten public health.  

“Chemical companies have known for decades that PFAS compounds don’t break down, build up in the human body, and exposures can lead to illness.”

A copy of the PFAS lawsuit can be found here.

The Complaint was filed in the United States District Court for the Northern District of West Virginia. As expected, it was then moved to the United States District Court of the District of South Carolina where it will be litigated in its initial stages with other similar suits in the multi-district litigation called IN RE: Aqueous Film-Forming Foams Products Liability Litigation.