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Per- and polyfluoroalkyl substances (PFAS) are chemical compounds that have long been recognized for their water-resistant and stain-resistant properties and stability, earning them the moniker of “forever chemicals.” PFAS have been used in a wide range of product applications and industries and they persist in the environment, showing up in drinking water, groundwater, air and soil. Due to their ubiquity, the number of potential targets for PFAS-related litigation is increasing rapidly, with no signs of slowing.

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Thompson Hine has a long history of helping clients navigate the complex legal issues accompanying these types of PFAS and other mass and toxic tort claims. We serve as national, regional and state counsel for Fortune 500 companies in cases throughout the United States. Companies choose us to handle their mass and toxic tort cases because of our reputation as trial lawyers and our cross-disciplinary approach to litigation. If going to trial is the right strategy, we will partner with you through every phase, from developing defense themes, handling motion practice and managing discovery, to taking and defending depositions, engaging expert witnesses, and managing the overall case through trial or mediation/settlement conference.

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Per- and polyfluoroalkyl substances (PFAS) have been used in a wide range of product applications and industries, including wire insulation, electronics, pharmaceuticals, paints and coatings, carpets and upholstery, textiles, personal care products (such as cosmetics, shampoos, lotions, toothpastes, dental floss), adhesives and sealants, pesticides, herbicides, and firefighting foams, creating a legacy of potential use and exposure. While there are thousands of PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are two of the more well-known, studied, and increasingly regulated compounds at the federal, state and local levels.

Due to their stability, PFAS compounds persist in the environment and have been found in drinking water, groundwater, air and soil. And because PFAS are ubiquitous, data exists that most Americans have detectable levels of certain PFAS compounds in their blood, suggesting that most Americans have measurable exposure to PFAS. It also has been reported that PFOA and PFOS may cause a variety of health issues, including increased cholesterol levels, changes in liver enzymes, small decreases in infant birth weights, decreased vaccine response in children, increased high blood pressure or pre-eclampsia in pregnant women and increased kidney or testicular cancer. However, many questions remain about the extent of such alleged health effects, and various studies are underway to better evaluate and understand the potential health effects of more and more PFAS compounds.

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Litigation focused on PFAS has been ongoing and has increased dramatically in the past few years. Claims have been brought by water utilities, state attorneys general and individuals (including a federal multidistrict litigation in South Carolina). Claims include remediation and natural resource damages costs where PFAS is detected in groundwater, water supplies or soil; diminished property values as a result of stigma or the presence of PFAS; and medical monitoring and personal injury for individuals exposed to PFAS. Manufacturers of PFAS and their products were the initial targets of such litigation.

In addition, the Biden administration launched a PFAS Roadmap to tackle a wide range of PFAS issues, and the EPA also finalized a nationwide monitoring rule for 29 PFAS compounds in drinking water and suggested that new data may indicate that PFOA is a likely carcinogen. This focus, along with some significant verdicts and settlements and the ubiquity of PFAS compounds in our society, have drawn the attention of plaintiffs’ attorneys. As a result, the targets of PFAS litigation are widening exponentially. Already, manufacturers that used PFAS in their products and property owners whose properties have measurable PFAS contamination are subjects of litigation and those numbers will only grow in the next few years.

Companies choose our firm to handle their mass and toxic tort cases because of our reputation as trial lawyers and our cross-disciplinary approach to litigation. We know how to win in court. Our clients know it, and so do our competitors. Should trial be the right strategy, we are skilled in handling every aspect of it, from pretrial discovery to motion practice, working with world-class expert witnesses, developing defense themes and overall case management through trial. We regularly handle environmental exposure mass and toxic torts, such as claims brought by residential property owners who allege personal injury and diminished property value as a result of contamination from a nearby facility. Those cases require that the defense strategy be coordinated with the regulatory compliance strategy, and maintaining a consistent position in defending the litigation and fulfilling remediation obligations is critical. To ensure a coordinated strategy, we staff our matters with trial lawyers as well as environmental compliance lawyers who work together seamlessly to ensure that the client’s business objectives are met.

But, handling mass and toxic tort trials, appeals and claim resolution is just a part of what we do. Preventive counseling, with the goal of avoiding lawsuits, is a strategic value we provide to our clients. We review regulatory and compliance issues and conduct audits to help clients identify and correct potential problems – before they occur.

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U.S. EPA Unveils Whole-of-Government PFAS Strategic Roadmap

PFAS: Due Diligence and Risk Assessment in Real Estate Transactions

PFAS Regulatory & Legislative Actions Update

Ohio EPA and Department of Health Issue PFAS Action Plan for 2020 Implementation

Governor DeWine Orders State Agencies to Develop PFAS Action Plan for Drinking Water Sampling in Ohio

EPA Unveils PFAS Chemical Action Plan: Drinking Water and Environmental Remediation Impacts

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Joel D. Eagle

William J. Hubbard

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Environmental L.A.W.S. – PFAS 2021

Environmental

Product Liability Litigation

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