Eight north Alabama and Tennessee residents filed lawsuits in Morgan County Circuit Court within the past week alleging “forever chemicals” originating from the 3M, Daikin America, and Toray Fluorofibers plants in Decatur contaminated drinking water and caused them illnesses such as ulcerative colitis and kidney cancer.
The suits come nearly a year after several other north Alabama residents filed similar complaints against the companies. Those suits against 3M were removed to federal court in January on the basis that the company produced a fire-extinguishing product called aqueous film forming foam (AFFF) for the military, thereby ostensibly qualifying 3M as a government contractor.
Last Wednesday, attorneys for the plaintiffs moved to return the suits to Morgan County since they are not claiming injury from AFFF. A federal judge had yet to rule on the motion at the time of publication.
“We have filed a number of similar cases going back to about a year ago,” Christopher Randolph, an attorney for the plaintiffs said Wednesday. The lawsuits focus on alleged harm from PFOA and PFOS, two chemicals in a larger family of per- and polyfluoroalkyl substances, called PFAS. Randolph said 3M also used the chemicals in the production of Scotchgard, not just AFFF.
“Federal jurisdiction is lacking. Federal courts are courts of limited jurisdiction; they only have the jurisdiction granted by Congress. And the federal jurisdictional grant does not extend to these cases.”
In 2022, the Environmental Protection Agency issued new health advisories for PFOA and PFOS, likely carcinogens. PFOA and PFOS have been used in a variety of commercial products due to their ability to repel water and their resistance to degradation.
Because of their inherent resilience, PFAS substances persist in the environment indefinitely and can accumulate in the tissue of animals and humans.
“These chemicals bind to protein in the blood and are readily absorbed and distributed throughout the body,” according to the lawsuits. “They accumulate over time and cause long-term, physiologic alterations to the blood, liver, kidneys, immune systems, and other organs.”
The EPA has identified the 3M, Toray and Daikin plants as sources of PFAS found in north Alabama’s water supply, according to the lawsuits.
3M did not respond to requests for comment at the time of publication. Representatives of Daikin and Toray could not be reached.
3M issued the following statement to The Decatur Daily in January regarding the earlier, similar lawsuits:
“As the science and technology of PFAS, societal and regulatory expectations, and our expectations of ourselves have evolved, so has how 3M manages PFAS. We have and will continue to deliver on our commitments — including remediating PFAS, investing in water treatment, and collaborating with communities. 3M will continue to address PFAS litigation by defending itself in court or through negotiated resolutions, all as appropriate.”
3M in 2020 entered into a broad consent order with the Alabama Department of Environmental Management that requires it, among other things, to clean up numerous sites in Morgan and Lawrence County where PFAS-contaminated materials had been dumped over several decades.
The plaintiffs all claim they unknowingly ingested water contaminated with dangerous levels of PFAS and, consequently, suffered or suffer from illnesses such as prostate cancer, breast cancer, kidney cancer, pancreatic cancer, ulcerative colitis and hypothyroidism.
According to the lawsuits, 3M began producing PFAS at its Decatur plant in 1961. In 1976, an internal memo at 3M allegedly indicated that the company was aware that the chemicals were showing up in the blood of its workers.
In 1998, 3M began manufacturing PFOA in Decatur, according to the lawsuits, and Daikin and Toray, which also operate plants in Decatur, manufactured PFOA or used PFOA to manufacture other materials.
The EPA has said peer-reviewed scientific studies show that PFAS exposure may impact health and cause cancer or other illnesses.
3M settled claims of PFAS contamination with the city of Decatur, Decatur Utilities, and Morgan County in 2021 for $98.4 million. Those claims did not include allegations of bodily harm.
The plaintiffs in the latest lawsuits are seeking a jury trial and judgement against the defendants for “all available damages,” including “medical bills, pain and suffering, loss of enjoyment of life, mental anguish, shortened life expectancy, as well as punitive damages, costs, and attorneys’ fees.”
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