February 8, 2024

PFAS are man-made chemicals that are used in aqueous film forming foam (AFFF), a firefighting agent used to control and extinguish Class B fuel fires at airports, military bases, and fire training centers.  

DALLAS — Baron & Budd is proud to announce that today the federal court overseeing litigation against the manufacturers of per- and polyfluoroalkyl substances (PFAS) approved a settlement requiring DuPont to pay $1.185 billion to public water systems across the United States that detect PFAS chemicals in their drinking water supplies. Baron & Budd represents dozens of public water systems in litigation consolidated before Judge Richard Gergel in the United States District Court for the District of South Carolina. Shareholder Scott Summy is court appointed co-lead and class counsel for the historic PFAS cases against DuPont and 3M company. He also crafted the settlement structure to address PFAS nationwide for public water systems. 

After the court preliminarily approved the settlement in August of 2023, notice was delivered to approximately 14,000 public water systems, who were able to exclude themselves from the settlement or object to its terms. The Order issued today noted the overwhelming support for the settlement: approximately 94% of public water systems decided to participate. The judge also stressed that even the few systems who objected to specific terms of the settlement agreement supported the settlement overall and concluded that their objections lacked merit. Public water systems that originally opted out have the right to rejoin the settlement until March 1, 2024. 

“Today marks an important step toward protecting the health and safety of all Americans,” said Baron & Budd Shareholder and class counsel, Scott Summy. “The Court’s approval of our agreement with DuPont will provide immediate relief to water systems rather than going through years of trial and dragging out the much needed payments. We are thankful to the Court and to DuPont for this proactive approach.”

Settlement funds will pay public water systems:

  • that have already detected PFAS in their water,
  • pay the costs of testing for those that have not yet tested,
  • and will provide funds to those that find PFAS as a result of the testing. 

Since the MDL was created in 2018, thousands of cases have been filed in or transferred to the MDL alleging that DuPont and other PFAS manufacturers sold PFAS-containing products when the companies knew that PFAS compounds would readily contaminate the environment and have the potential to cause human health problems. In addition to water providers, claims have been filed by several states, airports, fire-training facilities, and private well owners.

An up to $12.5 billion settlement with 3M Company is pending court approval at this time. Neither settlement affects the water providers’ claims against the other defendants. All cases will continue against the non-settling manufacturers, including Tyco Fire Products, LP, and Chemguard, Inc.

About Baron & Budd, P.C.

With more than 45 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 entities and 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, California wildfires and environmental contamination, fraudulent banking practices, e-cigarettes, motor vehicles, federal whistleblower cases, and other consumer fraud issues.

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