Recent court rulings favor plaintiffs in PFAS multidistrict litigation

By Seth Mansergh & Nancy Mortvedt

Manufacturers of aqueous film forming foams (AFFF) have been attempting to reduce their liability from the presence of per- and polyfluoroalkyl substances (PFAS) in their products for many years. The health effects from PFAS exposure are getting a lot of public attention as the EPA and states move forward with setting limits on PFAS in drinking water. The manufactures of PFAS and AFFF have been arguing in court filings that the science on the health effects of PFAS are overblown and alternatively they should not be liable because of the “government contractor defense”. However, two recent court rulings are not in favor of the manufacturers who were well aware of the health risks associated with PFOA and PFOS.