May 20, 2025
Corporations have paid a real price for their failures to warn the public about the dangers of exposure to cancer-causing asbestos. Monetary damages from injury and wrongful death lawsuits related to asbestos exposure over the last 50 years are expected to reach as high as $265 billion.
Observers are now predicting that lawsuits against the makers of PFAS “forever chemicals” and manufacturers that use those materials could eclipse asbestos. The similarities are striking.
It’s hard not to see the parallels between the PFAS and asbestos lawsuits, especially when you look at how companies handled what they knew.
Asbestos — widely utilized in construction, manufacturing and industrial applications for decades — poses significant health risks due to its known links to cancer. Despite links to mesothelioma and lung cancer dating back to the early 20th century, manufacturers and suppliers failed to adequately disclose the dangers to consumers and workers. For generations, suppliers and manufacturers prioritized economic interests over public safety, and in many cases, actively downplayed the risks.
Like with asbestos, there’s evidence that the companies making these chemicals knew about the dangers but didn’t warn anyone. It’s that same failure to warn and the placing of profits over people that’s driving the lawsuits today.
“Pretty much every one of us in the United States is walking around with PFAS in our bodies,” Erik Olson, senior strategic director for environmental health at the Natural Resources Defense Council, told The New York Times. “And we’re being exposed without our knowledge or consent, often by industries that knew how dangerous the chemicals were, and failed to disclose that — that’s a formula for really significant liability.”
What are ‘Forever Chemicals?’
PFAS, also known as perfluoroalkyl and polyfluoroalkyl substances, are known as “forever chemicals” because they build up in humans and do not break down in the environment. Small doses of PFAS have been linked to serious health issues, including cancer, reproductive and immune system harm, and other diseases. PFAS are used to make thousands of products resistant to water, stains and heat.
PFAS chemicals are widely used to make products resistant to oil, heat, stain, and water. They are found in everything from cosmetics to outdoor gear and non-stick pans. They also are used to coat paper and cardboard wrappers for fast food and bakery goods. It is also the key ingredient in widely used fire-retardant foam known as Aqueous Film-Forming Foam (AFFF).
Gearing Up for PFAS Lawsuits
At an industry conference during a presentation about PFAS, corporate defense lawyer Brian Gross warned chemical and plastics companies to prepare for a surge of lawsuits with potentially “astronomical costs.” He said the coming litigation could “dwarf anything related to asbestos,” one of the largest corporate liability battles in U.S. history.
“Do what you can, while you can, before you get sued,” Gross said, according to a recording made available to The Times.
Familiar mass tort roadmap
Industry documents released through litigation show that manufacturers found adverse health effects from PFAS exposure as early as 1961. But it wasn’t until the early 2000s that questions increasingly emerged in public about their safety. In 2005, the EPA fined DuPont $10 million, at that time the largest administrative fine ever levied by the agency, for failing to disclose health effects.
PFAS-related lawsuits have already targeted manufacturers in the United States, including DuPont, Chemours and 3M. Last year, 3M agreed to pay at least $10 billion to water utilities across the United States that had sought compensation for cleanup costs. Thousands of PFAS-exposure lawsuits by individuals and firefighters are consolidated in multidistrict litigation.
In addition, 30 state attorneys general have sued PFAS manufacturers, accusing the manufacturers of widespread contamination. In Texas, Attorney General Ken Paxton filed a lawsuit against 3M and DuPont for misrepresenting or concealing the health risks of PFAS.
Why Are PFAS Dangerous?
Scientists are still learning about the effects of PFAS on humans, but studies have shown that these chemicals can harm different systems in the body. Researchers have linked PFAS exposure to the following diseases and medical conditions:
Weight of Evidence
“There’s a weight of evidence,” Linda Birnbaum, a toxicologist and the former director of the National Institute of Environmental Health Sciences, told the Times. “Multiple studies by different investigators and in different populations.”
Another corporate lawyer who presented at the industry conference also addressed the research in his remarks, according to The Times. “There’s a whole lot of new science being created,” Max Swetman said. “It’s not the best for us.”
How We Help Victims of Toxic Chemical Exposure
Seek justice with the help of our experienced lawyers. Waters Kraus Paul & Siegel has battled corporate giants on behalf of individuals like you for 20 years, aggressively fighting to hold corporations responsible for dangerous chemicals and the personal injuries caused by exposure. If you or a loved one have been exposed to PFAS and diagnosed with a related disease, we can help.
Our Results
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A Philadelphia jury awarded a record verdict against ExxonMobil for failing to warn about cancer risks due to benzene in its petroleum products.
Private equity firm and co-defendants agree to pay $25M in Medicaid fraud case alleging mental health services provided by unqualified providers.
That’s the first question everyone asks. The truth is it’s impossible to know. But we can tell you this. Waters Kraus Paul & Siegel has what it takes to fight against big corporate interests and win.
