On Thursday, September 22, 2016, McDivitt Law Firm filed a class action lawsuit against the 3M Corporation, the Ansul Company, Angus Fire, National Foam, Buckeye Fire Protection Co., and Chemguard on behalf of residents in the Fountain, Security and Widefield area of Colorado exposed to dangerous levels of perfluorinated compounds (PFCs) in the groundwater. These six particular companies mentioned in the complaint are the manufacturers of a substance known as Aqueous Film-Forming Foam (AFFF), which is a compound used by Peterson Air Force Base to extinguish fires during trainings, and by other Air Force installations throughout the country. This foam may have been seeping into the ground in the area for decades, contaminating well water supplies in the community. AFFF is a Class-B firefighting foam, which is water based and used to extinguish fires that are difficult to fight. The complaint brings multiple causes of actions against the defendants, including allegations of:
- Negligence, which caused the contamination of drinking water.
- Private Nuisance, in that the contaminated water has interfered with residents’ use of and enjoyment of their property.
- Medical Monitoring, which seeks medical monitoring for the health and well-being of the clients.
- Products Liability and Failure to Warn, that is failure to warn consumers about the hazards associated with AFFF entering and poisoning the environment and groundwater.
- Products Liability and Defective Design, in this case that the defendants knew of the dangerous and hazardous properties of AFFF and that they could have manufactured an alternative design or formulation.
- Unjust Enrichment, which is that even after the defendants were aware of the dangers of AFFF, they continued to profit from the manufacture and sale of it.
The lawsuit is seeking compensation for bodily injury and property damage caused by the intrusion of PFCs. As you may recall from a previous blog, earlier this year the Environmental Protection Agency lowered the health advisory levels for certain perfluorinated compounds, including PFOA and PFOS, in drinking water to 70 parts per trillion. The EPA made this change due to concerns about the relationship between exposure to these chemicals and serious health problems in adults and fetuses. During testing of Colorado communities, the EPA discovered the Security/Widefield/Fountain area was the only area in the state where highly elevated levels of PFCs were detected. Results from samples taken in El Paso County revealed elevated levels of PFCs in the drinking water supply. In some instances these levels were 20 times higher than the levels recommended by EPA guidelines. These chemicals have been linked to various diseases and cancers including:
- testicular cancer,
- kidney cancer,
- thyroid disease,
- high cholesterol,
- ulcerative colitis,
- pregnancy-induced hypertension,
- developmental effects for fetuses,
- liver tissue damage, and
- immune system impairments.
We want to continue to make sure that Southern Colorado residents are aware of the water contamination in the Security, Widefield, and Fountain areas, and that there are lawyers on their side.
