New Jersey firefighters sue PFAS manufacturers amid cancer patients

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During twice-yearly firefighting exercises at Kennedy International Airport in the 1970s and 1980s, Charles O’Neill, a retired Port Authority police officer who worked at Newark Airport, repeatedly sprayed foam on simulated airplane fires during intensive week-long sessions.

O’Neill and his colleagues used the foam to extinguish five or six simulated fires a day as part of their required fire and rescue certification. Once they put out one fire, they lit it and did it again.

The equipment worn when spraying foam was universal, O’Neill said, and while “one guy was splashing around in this thing,” the next person would change into the same suit.

O’Neill, 78, was diagnosed and treated for prostate cancer 20 years ago. But it wasn’t until recently that he was able to link his cancer diagnosis to the equipment he used during his long firefighting career.

“We just did it because it was our job. Nobody ever told us to be careful or not to get it on our skin, none of that was explained to us,” said O’Neill, who retired from the Port Authority Police in 1997 and served for more than 20 years as a volunteer firefighter in New Milford until the mid-1990s. “Now, from what I understand, exposure to these chemicals can do that.”

O’Neill is one of about 20,000 active and retired firefighters across the United States, including nearly 300 in New Jersey, who are suing more than a dozen companies that produce chemicals in firefighting foam and equipment worn on calls that they claim contributed to their cancer diagnoses. and other serious health problems.

Compared to the general population, firefighters have elevated blood levels of PFAS, or per- and polyfluoroalkyl substances, a group of chemicals that have been linked to cancer and other diseases. These are known as “forever chemicals” because they are very difficult to break down and are persistent in the body and the environment.

The chemicals are found in the multi-layered coats and pants worn by firefighters, as well as in the foam used to extinguish highly flammable liquid fires.

They are also found in countless everyday consumer products, including food packaging, cookware and clothing, and almost everyone has trace amounts of them in their bodies, but the long-term exposure firefighters experience through the tools they use on the job makes them particularly susceptible to the associated health risks, said Kevin McKie, an attorney with Environmental Litigation Group, the firm representing the firefighters in the lawsuit.

“We all have PFAS in our blood, but firefighters are uniquely vulnerable to additional exposure because of their profession,” he said. “They were doing their job and were told it would help them do it better and faster, without being told there was a harmful chemical in it.”

According to the International Association of Firefighters, cancer is overall the leading cause of on-duty death among firefighters. Firefighters are at particular risk of developing multiple myeloma, testicular cancer, leukemia and kidney and prostate cancers, McKie said.

In April, the Environmental Protection Agency ruled that several types of PFAS must be removed from the nation’s drinking water. In 2018, New Jersey became the first state to set an enforceable standard for PFAS in drinking water. Nearly three dozen drinking water systems across New Jersey, including several in Bergen County, were found to exceed the state’s PFAS limits in 2022.

Multiple lawsuits have been filed against PFAS manufacturers in recent years as new research emerges linking these chemicals to serious health problems, including cancer, liver damage, reproductive disorders and developmental delays in children.

Last year, 3M agreed to pay at least $10 billion to water utilities across the country for cleanup costs. Dozens of states have also sued PFAS manufacturers, including DuPont, 3M and other companies, alleging environmental pollution.

While PFAS producers have already been held liable in some lawsuits, those settlements largely focused on public waterways and not people like firefighters who were directly exposed, McKie said.

In recent years, state and federal lawmakers have worked to address this issue by enacting regulations to limit the use of PFAS and compensate firefighters for PFAS-related conditions.

A law signed earlier this year bans the use of PFAS-laced firefighting foam after a two-year grace period. Some industrial plants and oil refineries were given a longer period to switch to alternative materials. The bill also provides $250,000 to the state Department of Environmental Protection in grants to help local fire departments dispose of old, unused foam.

“We must protect our first responders. There is a lot of evidence linking health problems and cancer among firefighters to this foam,” said Rep. Shama Haider, D-Bergen, one of the bill’s sponsors. “PFAS is unfortunately involved in many things. I would love to ban it completely, but we can reject it and limit it.”

A bill introduced in the U.S. Senate in February would encourage funding for PFAS safety research and provide people with significant exposures with redress against PFAS manufacturers.

In March, Senator Cory Booker and Florida Congressman Darren Soto introduced a bill to compensate firefighters who suffer or die from illnesses caused by PFAS.

Last month, Gov. Phil Murphy signed a law requiring access to periodic cancer screenings for firefighters who are eligible for benefits through public employment but are not enrolled in the state health benefits program.

The bill “ensures our members have access to critical testing needed for their occupational hazards,” said Matthew Caliente, president of the New Jersey Professional Fire Department, after it was signed. “Our legislators’ support for public safety and recognition of the growing dangers of ‘forever’ chemicals, such as PFAS in firefighting foams and protective clothing, or toxic gas emissions from lithium-ion battery fires, which are being studied for their links to cancer, demonstrates our commitment to providing our firefighters with early detection, early treatment and better outcomes.”

More: Fire experts raise alarm over fire hazards of electric vehicle lithium batteries and appeal to state authorities

When Tim McNamara found out he had prostate cancer in 2018, he was stunned.

“When the doctor tells you you have cancer, all you hear is an echo,” said McNamara, a 66-year-old retired Hoboken firefighter who also worked part-time at the Bergen County Fire Academy. “Before, I was always very healthy. The whole operation was very traumatic.”

After more than five years in remission, a recent scan revealed that the cancer had returned. Now he wonders if his illness and his 30-year career as a firefighter are related.

He and other firefighters sprayed firefighting foam and walked through it as part of a routine training exercise. At the firehouse, 50-gallon drums of foam were stored just behind the kitchen.

“They were always sticky and dusty and had to be wiped down,” McNamara said of the containers. “We had them all over our hands and clothes in training. We didn’t use them much in the fire department, but we practiced with them all the time. I never realized how dangerous they could be.”

O’Neill, the Port Authority police officer, said he would have taken greater precautions if he had known about the risks.

“I would make sure they didn’t touch my skin. I would make sure the gear was disinfected before I put it on,” he said. “You go to work and do your job. In retrospect, I wouldn’t have gone to airport training. I wish I had known.”