In a Texas Lawyer article titled, “Is PFAS the New Asbestos?,” Matthew Schroeder, Elliot Strader, and Xakema Henderson examine the sudden jump in litigation related to “per- and polyfluoroalkyl” (PFAS) substances, nicknamed “forever chemicals” due to their reluctance to break down and their potential adverse human effects. Litigation surrounding PFAS has risen so dramatically, it’s being considered the new asbestos.
“State and federal agencies, as well as private plaintiffs, are continuing to file lawsuits around the country seeking redress for PFAS contamination, including for personal injury as a result of PFAS entering the body through consumption of food and water and continuous contact with PFAS-containing materials.” they explained. “Just by way of example, more than 80 lawsuits involving the AFFF (Aqueous Film-Forming Foam Concentrates) fire-fighting foam were recently consolidated into a multi-district litigation proceeding in South Carolina. Of those 80 lawsuits, more than 60 are class actions.”