Testicular Cancer Lawsuit Alleges AFFF Contaminated Drinking Water With Toxic Chemicals

An Ohio couple alleges that toxic chemicals from aqueous film-forming foam (AFFF) contaminated their drinking water, causing the husband to develop testicular cancer, which has resulted in both physical injuries and damage to the couple’s marriage.

The complaint (PDF) was filed by Aaron and Nicole Adkins in the U.S. District Court for the District of South Carolina on July 12, joining thousands of other AFFF exposure lawsuits currently being pursued against a host of chemical and fire safety companies, including 3M Company, Chemguard, BASF Corporation, the Chemours Company, Dupont and others.

AFFF has been widely used by the U.S. military and local fire departments for decades, to combat fuel-based fires. However, the manufacturers now face product liability claims alleging that they failed to adequate warn about the risks posed by toxic per- and polyfluoroalkyl substances (PFAS) contained in the firefighting foam, which are known to increase the risk of cancer and various other injuries.

While many of the AFFF cancer lawsuits have been filed by former firefighters directly exposed to the chemicals during training and response exercises, the manufacturers also face a number of 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.

According to this recently filed lawsuit, Aaron Adkins, 29, consumed public and private water tainted with PFAS-based firefighter foam for years, indicating that he developed testicular cancer in February 2024, as a direct result of drinking the water..

As a result of the diagnosis, Adkins had to undergo cancer treatment, including an orchiectomy; which is a procedure to remove one or both testicles.

“At no point while he utilized and ingested water supplied by the aforementioned water providers did Plaintiff receive any formal notice that Defendants’ fluorochemical products were toxic or carcinogenic,” the lawsuit states. “The Defendants knew or should have known of the hazards of AFFF and fluorochemical products when the products were manufactured. The Defendants knew or should have known of the potential for their fluorochemical products to seep into the water table and contaminate the water sources when the products were manufactured, subject to their ordinary use.”

Adkins indicates that high levels of PFAS are still detectable in his body, leaving him with an increased risk of other diseases and cancer recurrence.

His wife, Nicole, indicates that the illness has led to a loss of consortium, affection, and conjugal fellowship, “all to the detriment of her marital relationship”, the lawsuit claims.

July 2024 AFFF Lawsuit Update

Given common questions of fact and law presented in claims fled throughout the federal court system, all AFFF lawsuits are 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.

Last year, Judge Gergel established a bellwether process where a small group of lawsuits are going through case-specific discovery and pretrial motions in preparation for a series of early AFFF trial dates expected to begin in 2025, which will be used to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation.

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 lawsuit payout awarded by juries may influence future firefighter cancer settlement negotiations to resolve the litigation.

In June 2023, 3M Company agreed to pay over $12.5 billion in an AFFF water contamination settlement, to resolve claims brought by local water suppliers. However, there have not been any reported settlements in AFFF injury lawsuits, and none of those individual claims have yet gone before a jury.