AFFF Ulcerative Colitis Lawsuit Filed Over Contaminated Water in Colorado Springs

According to allegations raised in a recently filed lawsuit, a Colorado woman developed thyroid disease and ulcerative colitis from AFFF (aqueous film-forming foam) that contaminated the municipal water supply near Colorado Springs, a region noted for high levels of the toxic “forever chemicals” used in the firefighting foam products.

The complaint (PDF) was filed by Madeline Stanger late last month in the U.S. District Court for the District of South Carolina, naming a host of chemical and fire safety companies as defendants, including 3M Company, DuPont, BASF Corporation and others involved in the manufacturing or sale of the products.

Stanger indicates that her injuries were the direct result of exposure to high levels of per- and polyfluoroalkyl substances (PFAS) contained in AFFF, which has been used at the Colorado Springs Municipal Airport and other locations near her home to combat fuel-based fires.

“It was foreseeable to all Defendants that the PFAS chemicals and/or precursors or derivatives they sold into Colorado [would] contaminate the environment, including surface and ground water in the state,” Stanger states in the complaint. “Plaintiff’s unknowing consumption of water contaminated with Defendant’s PFAS chemicals directly and proximately caused Plaintiff to develop ulcerative colitis and thyroid disease, and to suffer severe personal injuries, pain, suffering and emotion distress.”

The complaint raises allegations similar to those being presented in hundreds of AFFF lawsuits now being pursued by former firefighters directly exposed to the chemicals during training and response exercises, as well as other PFAS water contamination lawsuits, alleging that individuals living near military bases, airports and firefighting training centers developed various injuries, including testicular cancer, kidney cancer, liver cancer, thyroid cancer, ulcerative colitis and other thyroid-related injuries.

Ulcerative colitis is an inflammatory bowel disease that affects nearly 700,000 Americans, impacting the lining of the intestines and colon. The chronic condition produces painful and debilitating symptoms, including severe abdominal pain, blood in the stool, diarrhea, fever, fatigue and weight loss.

There is no cure of ulcerative colitis caused by AFFF, and it typically results in a lifetime of treatment with corticosteroids, immunomodulators or other medications.

Thyroid disease occurs when the thyroid fails to create the right amount of hormones, and can take several forms, such as hypo- and hyperthyroidism, goiter and thyroid cancer.

A number of studies published in recent years have suggested that each of these injuries may result from long-term exposure to PFAS, which are commonly referred to as “forever chemicals,” since they can persist for long periods of time and build up in the environment or human body.

Stanger indicates that she was diagnosed with AFFF ulcerative colitis and thyroid disease injuries in 2022, after consuming water throughout her life that has now been established to contain high levels of PFAS chemicals.

In addition, Stanger’s lawsuit also indicates that she still has the chemicals in her body, increasing her risk of developing other diseases and cancers in the future.

“Despite knowing that its PFAS chemicals are toxic, can contaminate soil and water resources, and present significant risks to human health and the environment, Defendants breached their duty of reasonable care when they designed, manufactured, formulated, handled, labeled… and/or sold fluorochemical products,” Stanger alleges in the complaint.

Colorado AFFF Water Contamination

PFAS contamination in Colorado Springs is well known, and has been largely blamed on AFFF use at the Colorado Springs Municipal Airport. In fact, the area has been singled out as a significant location in federal litigation over firefighter foam water contamination, which is currently centralized before U.S. District Judge Richard M. Gergel in the District of South Carolina for coordinated discovery, pretrial proceedings and a series of early bellwether trials.

To help the parties gauge how juries may respond to certain evidence and testimony that will be repeated throughout the remaining lawsuits, Judge Gergel issued a case management order last year, directing the parties to prepare a group of 28 AFFF water contamination injury claims to serve as a bellwether pool, which will be prepared for a series of early trial dates.

The personal injury bellwether claims will include four ulcerative colitis claims, as well as eight kidney cancer claims, eight testicular cancer claims and eight thyroid disease claims brought by individuals exposed to contaminated water near Colorado Springs Municipal Airport, Peterson Air Force Base, the Willow Grove Naval Air Station Joint Reserve Base and the Naval Air Warfare Center in Warminster.

While the outcome of these early bellwether trials will not have any binding impact on other claims, it is expected that the amount of any AFFF ulcerative colitis lawsuit payouts awarded by juries may influence future settlement negotiations to resolve the litigation.