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Personal Injury Claims Against PFAS 'Forever Chemical' Makers Continue

Ongoing personal injury claims against PFAS “Forever Chemical” manufacturers continue despite recent settlement agreements with DuPont, Chemours, Corteva, and 3M. The Downs Law Group clarifies that the settlements do not affect individuals’ ability to pursue personal injury claims and vows to hold manufacturers accountable. Stay informed and contact us today for a free case review. 

In light of the June 2, 2023, $1.185 billion proposed preliminary settlement agreement reached with “Forever Chemical” Manufacturers DuPont, Chemours and Corteva, and the separate $10.3 billion proposed preliminary settlement by 3M announced June 22, 2023 (“the Settlements”[1]), The Downs Law Group (“DLG”)[2], located in Miami, FL, would like to issue a statement regarding the ongoing legal action against the various PFAS chemical manufacturing companies involved in the public water contamination litigation.

For those that may not know, per- and polyfluoroalkyl substances (commonly referred to as “PFAS” or “Forever Chemicals”) are a family of highly toxic chemicals that have been linked to a variety of human health injuries such as testicular cancer, chronic kidney disease, ulcerative colitis, as well as several types of cancers. The reason why this family of chemicals is commonly referred to as “Forever Chemicals,” is due to their lack of degradation. Additionally, many may or may not be aware that these chemicals have widespread use and can be found in common household items such as the nonstick coating on pans, firefighter turnout gear (i.e., firefighter protective clothing), firefighting foams (i.e., aqueous film-forming foam (“AFFF”), which are commonly used to fight certain types of fires, as well as a litany of other sources and applications.

As of June 2, 2023, DuPont, Chemours and Corteva have agreed to a proposed preliminary settlement with several public/municipal water providers across the United States.[3] DuPont, Chemours and Corteva have reached a $1.185 billion settlement regarding claims that their products have contaminated various water sources across the Country. This proposed preliminary settlement agreement marks the dawn of PFAS manufacturers finally being held accountable in the United States for the damage they have caused not only our country’s environment but also our water supply. Just days later, on June 5, 2023, the day of the first bellwether trial on a PFAS contaminated water case, Judge Gergel of the United States District Court for the District of South Carolina granted a joint continuance motion delaying trial. As disclosed in the parties’ joint motion and the court’s order, the parties had been engaged in serious settlement discussions.

On June 22, 2023, 3M has agreed to a proposed preliminary settlement with several public/municipal water suppliers across the United States. 3M has reached a proposed settlement agreement worth $10.3 billion, which is payable over a thirteen (13) year period. Like the June 2, 2023 proposed settlement, this proposed settlement is also subject to court approval. Similarly, if approved, this settlement would resolve both current and future drinking water claims by public water suppliers against 3M for PFAS contamination. This proposed preliminary settlement agreement continues the march of finally holding PFAS manufacturers accountable in the United States for the damage they have caused not only our country’s environment but also our water supply. In fact, it is important to note that as a part of the 3M Settlement, 3M proposes to allocate a certain amount of funds for the testing of PFAS in water, treatment technologies for PFAS-contaminated drinking water, and funding for eligible public water suppliers that may detect PFAS in their drinking water in the future.

While the Proposed Settlements centered around claims related to contamination of municipal drinking water, any settlement with respect to these issues do not exonerate these chemical manufacturers of their liability for the impacts and effects PFAS may have had on one’s person and health. Considering this recent development, DLG wishes to clarify that the recent proposed preliminary settlement and ongoing negotiation does not affect individuals seeking to file their own personal injury claim. If anything, this recent development solidifies DLG’s hopefulness that the millions of individuals that have been affected by PFAS contamination and/or are suffering from personal injuries of their own will be able to seek the justice and compensation for their injuries that they deserve.

The Downs Law Group continues to stand with those individuals affected by PFAS and PFAS contamination and pledges to continue to advocate for their justice and due process against these giant chemical manufacturers. Ultimately, we aim to hold the PFAS manufacturers responsible for this pollution and contamination accountable and liable for their actions and obtain for our clients the justice they deserve.

We urge the public to stay informed about the dangers of PFAS chemicals. If you believe that you were exposed to PFAS chemicals, or should you wish to learn more information about this subject, please feel free to contact our office where someone from our team will gladly assist you.

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[1] The above listed Defendants have submitted separate proposed settlement agreements to the Court seeking the Court’s approval. Both proposed settlement agreements are awaiting the Court’s approval.

[2] Alongside practicing in mass tort and class action cases, including cases against PFAS manufacturers that produce firefighter gear, foam, and contaminate civilian and veteran water supplies, the Downs Law Group proudly employs attorneys accredited by the Department of Veterans Affairs to assist those who have served in obtaining VA Compensation and Pension Benefits they are rightly owed.