Baron & Budd Obtains Settlement With Tyco Fire Products in PFAS Water Contamination Litigation

Today, Baron & Budd announced that a $750 million settlement agreement has been reached with Tyco Fire Products to resolve PFAS-related drinking water contamination claims in the nationwide Aqueous Film-Forming Foam (AFFF) Products Liability Litigation (MDL 2873). The settlement will provide funds to public water systems in the U.S. that tested and found PFAS at any level on or before May 15, 2024. These funds will be paid in full by December 31, 2024, upon approval by the Court.

This agreement comes on the heels of the Environmental Protection Agency’s (EPA) announcement of the strict federal drinking water standards that will regulate PFAS levels in public water supplies. These funds, along with the nearly $14 billion in settlements paid by 3M and DuPont, will provide critical assistance to public water systems nationwide that are confronted with PFAS detections and impending federal regulations.

“This settlement is an important step toward ensuring a safer tomorrow for Americans as we continue the pursuit to clean up the nation’s public drinking water supplies,” said Leader of the Environmental Litigation Group at Baron & Budd and co-lead in the MDL, Scott Summy. “These funds, combined with the previous settlements of about $14 billion, will help to quickly provide the resources public water systems desperately need for PFAS remediation and compliance.”

Man-made chemicals called per- and polyfluoroalkyl substances (PFAS) are used in many nonstick, stain resistant, and waterproof products. These “forever chemicals” are also used in the manufacturing of aqueous film-forming foam (AFFF). AFFF is a firefighting agent used to control and extinguish Class B fuel fires at airports, military bases, and fire training centers. Even when AFFF is used as instructed at these types of facilities, it runs off into streams and contaminates the groundwater. The PFAS chemicals in AFFF are often referred to as “forever chemicals” because they do not easily break down and they are extremely water soluble, meaning they spread quickly in water. PFAS chemicals are toxic and have been linked to certain types of cancer when consumed.

The Multidistrict Litigation (MDL) overseen by the Honorable Richard Gergel in U.S. District Court for the District of South Carolina, has more than 7,000 cases involving AFFF made with PFAS. These cases fall into three main categories: claims from public water providers for testing and remediation costs, individuals harmed by PFAS, and property damage cases related to loss of property and harm to natural resources.

About Baron & Budd, P.C.

With more than 40 years of experience, Baron & Budd has the expertise and resources to handle complex litigation throughout the United States. As a law firm that takes pride in remaining at the forefront of litigation, Baron & Budd has spearheaded many significant cases for hundreds of public entities and tens of thousands of individuals. Since the firm was founded in 1977, Baron & Budd has achieved substantial national acclaim for its work on cutting-edge litigation, trying hundreds of cases to verdict and settling tens of thousands of cases in areas of litigation as diverse and significant as dangerous and highly addictive pharmaceuticals, defective medical devices, asbestos and mesothelioma, wildfires, environmental contamination, fraudulent banking practices, e-cigarettes, motor vehicles, federal whistleblower cases, and other consumer fraud issues.

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