Firefighter’s Liver Cancer Diagnosis Linked to PFAS Exposure From Turnout Gear and AFFF, Lawsuit Claims

A North Carolina man has filed a lawsuit indicating that he was exposed to toxic “forever chemicals” contained in aqueous film-forming foam (AFFF), firefighting turnout gear and other items used throughout his military career and as a civilian firefighter, resulting in a battle against liver cancer.

The complaint (PDF) was filed by Christopher McPherson in the U.S. District Court for the District of South Carolina on October 16, pursuing damages from a number of different chemical and safety manufacturers as defendants, including 3M Company, BASF, ChemGuard, DuPont, National Foam and others.

McPherson indicates that these manufacturers all contributed to the development and distribution of AFFF firefighting products, which contained toxic per- and polyfluoroalkyl substances (PFAS), as well as the very protective gear firefighters wear to prevent injuries.

PFAS Exposure Health Concerns

PFAS include a group of over 9,000 man-made substances, which are widely used to resist grease, oil and water. However, they are known to persist in the environment and build up in the human body, causing a number of serious side effects.

In recent years, most of the PFAS health concerns have stemmed from water contamination caused by the large volumes of the chemicals dumped into the environment from AFFF, which has been widely used throughout the United States by the military and firefighters to fight fuel-based fires. However, as McPherson indicates, firefighters and military personnel also have direct exposure to those chemicals in firefighting foam and turnout gear, putting them at increased risk of liver cancer, ulcerative colitis, testicular cancer, kidney cancer and thyroid disease.

Firefighters are often directly exposed to the PFAS chemicals in AFFF, both during training and response exercises. However, there is also growing evidence that firefighters face cancer risks from PFAS in turnout gear, also referred to as bunker gear, which is the protective, layered clothing worn by McPherson and other firefighters to protect them from heat, flames and chemical exposure.

In August 2022, the International Association of Fire Fighters (IAFF) and the Metropolitan Fire Chiefs Association issued a warning to firefighters, calling for them to reduce their PFAS exposure by limiting their use of turnout gear. The groups warned that firefighters will not be able to fully avoid the PFAS cancer risk until the chemicals are removed entirely from protective gear and AFFF foam, but they called for the development and widespread availability of such gear. In the meantime, the group indicated that firefighters should limit the use of turnout gear to only emergency situations where it is required, and then suggested fire fighters remove it as soon as possible.

According to McPherson’s lawsuit, he worked with firefighter turnout gear and AFFF during significant stints in the U.S. military and as a civilian firefighter. However, he was never warned that either was potentially toxic during his various careers.

“When exposed to heat, PFAS chemicals in the turnouts off-gas, break down, and degrade into highly mobile and toxic particles and dust, exposing firefighters to PFAS chemicals, particles and dust, including through skin contact/absorption, ingestion (e.g., hand-to-mouth contact) and/or inhalation. Further firefighter exposure to these highly mobile and toxic materials occurs through normal workplace activities, because particles or dust from their turnouts spread to fire vehicles and fire stations, as well as firefighters’ personal vehicles and homes,” the lawsuit states. “Such workplace exposure to PFAS or PFAS-containing materials has been found to be toxic to humans.”

McPherson indicates that he, other firefighters, servicemembers and the public, were deceived about the risks of PFAS by the defendants, who purposefully hid those risks to increase profits at the expense of the safety of first responders, the military, and the entire nation’s drinking water supply.

October 2024 PFAS Exposure Lawsuit Update

McPherson’s complaint joins more than 8,000 AFFF lawsuits now being pursued by other former firefighters directly exposed to the chemicals during training and response exercises, as well as other PFAS water contamination lawsuits, alleging that contamination from military bases, airports and firefighting training centers resulted in various injuries among the civilian population.

To manage the rapidly growing litigation, all federal lawsuits over PFAS in AFFF and firefighter turnout gear have been centralized and consolidated for pretrial proceedings before U.S. District Judge Richard M. Gergel in the District of South Carolina, due to common questions of fact and law that have been presented in each of the claims.

As part of the coordinated management of the litigation, a small group of PFAS injury lawsuits are being prepared for trial dates in 2025, involving claims that were brought by individuals who developed testicular cancer, kidney cancer, liver cancer, thyroid cancer, thyroid disease and ulcerative colitis, after drinking water known to be contaminated with high levels of the chemicals.

While the outcome of these early trial dates will not have any binding impact on other claims being pursued throughout the federal court system, they are designed to help gauge how juries may respond to certain evidence and testimony that will be repeated throughout cancer lawsuits brought by firefighters and other plaintiffs.