PFAS Chemicals: Their Perils, Health Hazards, and Legal Battles
30/05/2024
Over two decades have passed since the Teflon scandal first brought PFAS (per- and polyfluoroalkyl substances) into the legal spotlight. Today, these compounds, often referred to as “forever chemicals,” have permeated nearly every aspect of modern life, with an estimated 95% of Americans harboring them in their bloodstream. From non-stick cookware to waterproofing sprays, PFAS have demonstrated remarkable utility across industries, thanks to their heat resistance, water repellency, and friction reduction properties. However as you are likely aware, there is a darker reality to these widely used chemicals: the potential health hazards associated with PFAS exposure.
While you will be familiar with landmark PFAS cases, such as the 2001 DuPont case that settled for $670 million in 2017, and the 3M case that settled for $850 million in 2018, the breadth and severity of the issue demand continued attention. The Natural Resources Defense Council (NRDC) highlights the gravity of the situation, linking PFAS exposure to a number of health concerns, including multiple types of cancer, hormone disruption, and fetal abnormalities. As Eric D Olsen of the NRDC explains, the inherent properties of PFAS render them uniquely hazardous, resisting degradation and posing health risks even at low levels of exposure.
Proving causation poses challenges for environmental PFAS litigation
The trend in current PFAS litigation is that litigators are strategically pursuing legal strategies focused on the consumer angle around deceptive marketing practices of products containing PFAS rather than environmental violations. As companies continue to market and promote PFAS containing products as being environmentally sustainable, concerns are raised around false advertising. The reason litigation is focused on this area of the law is largely due to the fact that the task of establishing causation in order to prove an environmental violation involving PFAS is particularly arduous.
But what about the environmental violations? The contamination to the environment and therefore the severe and dangerous impacts to the health of those exposed pose some of the most egregious and serious legal violations.
The role of technology in identifying and litigating environmental PFAS violations
At Darrow we do not believe that such egregious violations should be overlooked and under litigated because they are difficult to prove.
So what did we do about it?
Our talented team of legal data specialists developed a data-driven way to identify precise locations with high levels of PFAS contamination, as well as locate individuals who have been harmed by exposure to PFAS chemicals.
While large areas in the United States where PFAS is present are well known, the team at Darrow developed a tech-driven, layered map that accurately pinpoints small, specific areas in the country (we’re talking postal code level!), with particularly high rates of health-related harm known to be linked with PFAS chemicals. Our team cross references many data points including PFAS containing facilities, connections between these facilities, areas with a higher presence of PFAS in domestic water samples, areas with higher than state wide rates (age adjusted) of at least two of the three types of cancer connected to PFAS exposure, and more.
The result is that we are able to quickly identify parties causing harm, as well as connect lawyers with the victims of this harm. This map is the first of its kind and enables lawyers to see both incredible granularity as well as the big picture of PFAS exposure and impact.
Want to find your next big PFAS case? Talk to one of our experts.
Connecting with victims for mass tort PFAS Cases
Mass tort litigation presents a complex landscape fraught with challenges and significant financial investments in identifying victims. Firstly, the sheer scale of potential claimants can be staggering, especially in cases involving widespread harm such as that from PFAS chemicals. Locating and verifying individuals who qualify as victims, as discussed above, is particularly difficult to pinpoint for PFAS cases and demands exhaustive research. Compounding these hurdles are the substantial costs associated with investigations, outreach campaigns, and more.
This is why we developed our plaintiff tool, “PlaintiffLink:” To connect lawyers with the highest quality plaintiffs, as quickly as possible and enable them to accelerate case filings with newfound efficiency. With a unique contingency model, Darrow shares in the success of our partners, eliminating upfront fees and aligning incentives. Our tech-driven approach streamlines the process, providing a centralized portal for planning, reviewing, and engaging with potential plaintiffs, allowing you to focus on delivering justice.
Want to connect with quality plaintiffs, fast? Get Started.
Sustainable innovation is key
While PFAS chemicals have undeniably revolutionized various industries with their functionality, their widespread presence poses significant health risks to both humans and the environment. Despite their utility, the mounting evidence of adverse health effects has sparked growing concern and regulatory scrutiny. While current legal actions primarily focus on false advertising claims, the looming specter of environmental litigation highlights the urgency for stringent regulation and responsible corporate practices. As we strive for innovation and progress, it is imperative that we prioritize the well-being of both present and future generations by fostering safer, more sustainable alternatives to PFAS chemicals.