PFAS Injury Lawsuits in New York

This year, New York banned the sale of clothing containing PFAS chemicals (per-and-poly fluoroalkyl substances). The bill goes into effect on December 31, 2023.

Multiple class action PFAS lawsuits are underway right now. Bloomberg Law reports that more than 6,400 PFAS lawsuits have been filed since 2005.

For example, fifteen firefighters in the Massachusetts area are seeking compensation for PFAS exposure after years of wearing protective clothing and using firefighting foam containing PFAS chemicals. In 2022, McDonalds faced a class action lawsuit for PFAS-laden food packaging.

Some companies are scrambling to produce clothing without these chemicals.

While many of the current PFAS suits are class action suits, there is also a possibility that individuals injured by PFAS products can receive compensation for their injuries.

Why have PFAS chemicals been included in clothing in the past?

Table of Contents

• Why have PFAS chemicals been included in clothing in the past?
• Where else are PFAS chemicals found?
• What makes PFAS chemicals bad?
• Who should worry the most?
• What would you have to prove in a PFAS lawsuit?
• There’s No Need for Guesswork

PFAS chemicals make certain products nonstick or stain resistant. In the past, these properties were selling points for many clothes.

The stain-resistant properties of PFAS also explain why the chemical is so prevalent in uniforms. Companies that value their ability to present a neat, clean workforce while still asking that workforce to engage in labor that could mess up their clothes often turned to uniforms made with PFAS to achieve their goals.

Where else are PFAS chemicals found?

PFAS chemicals are also in non-stick cooking products, fast food wrappers, drinking water, and even the air.

Many companies, such as 3M, Chemours, and DuPont, are sure they can manufacture PFAS chemicals safely and intend to keep using them.

What makes PFAS chemicals bad?

PFAS exposure can cause cancer, weaken your immune system, spur weight gain, damage reproductive systems, damage the liver, and cause thyroid disease. They can also increase your risk of developing asthma, reduce the effectiveness of vaccines, and increase your diabetes risks. PFAS exposure has even been linked to interference in breast milk production.

Can’t lose weight, no matter how much you diet or exercise? There might be high levels of PFAS chemicals in your blood.

Nearly all Americans have some level of PFAS chemicals in their blood.

They’re known as “forever” chemicals that take an incredible amount of energy to break down. That means once they’re in your bloodstream, doing their damage.

Who should worry the most?

Most people who actively get sick from PFAS exposure do so because they live close to a site with a high degree of water contamination. In such a case, you and the rest of your town might wish to come together in a class action suit.

If your employer forces you to wear contaminated uniforms and you get sick, you may have a more direct personal injury case. Yet expect these cases to be challenging. The defendants will try to shift the blame to other chemicals, lifestyle factors, and any other reason they can find why you’re getting sick. They may even try to shift the blame onto other PFAS manufacturers.

You’ll need a very experienced attorney to help refute these claims. We have a long track record of success in other product liability suits.

You may also be able to sue if your child suffered a birth injury as a result of PFAS exposure.

What would you have to prove in a PFAS lawsuit?

You’d need to prove the following.

First, your attorney must prove that the company you’re suing had a duty of care to you to avoid taking actions that could result in harmful PFAS exposure.

Second, your attorney must prove exposure caused direct harm. For example, you contracted a form of cancer with a known link to PFAS exposure.

Third, your attorney must be able to show the monetary damages you’ve suffered from. For example, if you spent millions of dollars pursuing cancer treatments, you may be able to recoup those losses from the company that is most responsible for your PFAS exposure.

In some cases, it’s possible to draw a clear line between multiple defendants who each played a role. In that case, your attorney would seek a percentage of compensation from each party.

There’s No Need for Guesswork

If you believe you have a PFAS lawsuit, you can contact our firm anytime to discuss your case. We will review the facts and tell you honestly if your case is strong enough. We are also happy to discuss whether joining an existing class action suit is more appropriate or launching a new class action complaint.

We are on your side and ready to listen. We work on contingency, which means we only get paid if we bring your case to a successful conclusion.

Contact our office to get started today. You can trust us to take your case to heart.

See also:

Product Liability

Understanding Punitive Damages in NYC Personal Injury Cases

What to Do if a Product Makes You Sick