PFAS Foam Lawsuit in South Carolina and What Car Accident Victims Need to Know

 Posted on August 15, 2025 in Uncategorized

A large multidistrict litigation (MDL) pending in the District of South Carolina involves roughly 10,000 associated cases—and tens of thousands of plaintiffs—alleging harms from aqueous film‐forming foams (AFFFs) that contained PFOA and PFOS, two common PFAS chemicals. Plaintiffs say firefighting foam exposure contaminated groundwater near military bases, airports, and industrial sites, leading to personal injury, the need for medical monitoring, property damage, and economic losses. This case, centralized before Judge Richard M. Gergel, raises issues that matter to car accident victims, insurers, and affected communities, because AFFFs are commonly used in vehicle fire responses and at airports and fueling stations where motor vehicle crashes can trigger foam deployment.

But how can PFAS from firefighting foam affect car accident victims and communities?

PFAS are a family of persistent chemicals used in AFFFs for decades. PFOA and PFOS are specific PFAS compounds—allegedly washed from AFFF use into groundwater and soil. When an auto crash involves a fuel fire, emergency crews may use AFFF to extinguish burning vehicles or control spilled fuel. Firefighting foam exposure can therefore directly affect car accident victims, first responders, cleanup crews, nearby residents, and local water sources.

Health concerns tied to PFAS include higher risks of certain cancers, thyroid disease, immune system effects, and elevated cholesterol levels. These links are the basis for claims for personal injury and medical monitoring in the MDL. Affected individuals should know that exposure may be acute (direct contact or inhalation during a fire) or chronic (contaminated drinking water from groundwater migration).

Does my car insurance cover PFAS exposure after a crash?

Coverage depends on the policy language, type, and the specific facts. Typical auto liability coverage pays for bodily injury and property damage caused by a covered accident. However, environmental contamination claims often trigger complex exclusions or limitations:

• Pollution exclusions found in many liability and commercial policies may bar coverage for contamination claims tied to PFAS.
• Auto policies are usually written to cover immediate injury from a crash, but long-tail health claims such as PFAS-related illness or medical monitoring can be contested as indirect or environmental harms.
• Where AFFF was used by emergency responders or by a property owner (airport or fuel depot), additional policies—general liability, environmental liability, or property insurance—may be implicated.

Insurers may raise coverage defenses, but courts and settlements in large MDLs can influence how those claims are handled. Subrogation is possible if an insurer pays out and later finds a responsible manufacturer or vendor. Don’t assume automatic coverage; car accident victims should preserve all accident records and notify insurers promptly.

When should car accident victims seek testing or medical monitoring?

If you were involved in a crash with a vehicle fire or foam deployment, consider these steps:

• Seek immediate medical care for burns, smoke inhalation, or other acute injuries.
• If you had direct contact with foam, or if your private well or local drinking water source might be affected, talk with your healthcare provider about PFAS blood testing and long-term medical monitoring.
• Medical monitoring is a legal remedy often sought in PFAS litigation when exposure raises a risk of future disease. The MDL docket shows plaintiffs asking for medical monitoring programs along with claims for current injuries and property damage.

Blood testing for PFAS is available but requires interpretation by a clinician familiar with environmental exposures. Thankfully, public health agencies—like the Centers for Disease Control and Prevention (CDC) and the Agency for Toxic Substances and Disease Registry (ATSDR)—provide guidance on exposure and biomonitoring. Your state or local health department can advise on testing labs and follow‐up care.

And how do current regulations and the MDL affect claims and coverage?

The MDL in South Carolina—often referred to by its case management materials on the court site (ECF/PACER)—centralizes claims to coordinate discovery and pretrial matters. It can produce rulings or settlements that shape liability for manufacturers, suppliers, airports, and military sites. The court issued Case Management Order No. 1 on January 2, 2019, and held an initial status conference on February 25, 2019; those steps helped establish leadership and discovery plans on both sides.

Regulatory updates—at both federal and state levels—also matter. The U.S. Environmental Protection Agency (EPA) and many states have moved to set drinking water limits, health advisories, or testing requirements for PFAS. Some states have already adopted strict maximum contaminant levels (MCLs) for certain PFAS compounds. These regulatory developments can influence what plaintiffs must prove, how damages are measured, and whether government-mandated remediation will be required.

And as of 2025, car accident law and car insurance regulations still require prompt notice of claims and diligent proof of damages in coverage disputes.

What resources are available for affected individuals and community members?

Affected individuals should consider these resources:

• Contact a lawyer experienced in car accident law and environmental or PFAS litigation. The MDL master docket and the District of South Carolina MDL page (see the court’s MDL-2873 materials) provide case details and filings that your attorney can use.
• State PFAS action teams and health departments can help with well testing and remediation guidance.
• Federal agencies: EPA, CDC, and ATSDR publish public health guidance, contaminant levels, and testing recommendations.
• Community groups and local advocacy organizations focused on PFAS contamination and remediation can provide practical help and coordinate testing drives for private wells.

What steps can people take to protect themselves and their families?

Here are some practical steps to reduce exposure and protect legal rights:

• If you suspect contamination of your home drinking water, use bottled water or certified filters (reverse osmosis, activated carbon) until testing confirms safety.
• Document the crash scene: take photos showing any foam use, emergency response actions, and signage. Get the incident report and any responder notes.
• Preserve medical records and request PFAS-related tests if advised by a clinician. Keep records of well tests, water bills, and communications with local authorities.
• Notify your insurer promptly and follow claim procedures, but consult an attorney before signing releases or settlement offers that could limit future claims for long-term health monitoring.
• Engage with community meetings and local officials to push for testing and remediation where groundwater contamination is suspected near airports, military bases, or fuel depots.

How can a car accident lawyer help with PFAS or foam-related claims?

A lawyer experienced in both car accident and environmental law can help you:

• Evaluate whether your injuries or property damage are related to foam exposure or the underlying crash.
• Identify responsible parties beyond the driver or vehicle owner, such as manufacturers of AFFF, airport operators, or municipalities.
• Coordinate with experts for medical monitoring claims, environmental testing, and remediation needs.
• Handle insurance claims strategy, including pushing back on improper coverage denials and pursuing subrogation or contribution from other responsible parties.

The South Carolina MDL involving AFFFs highlights how environmental contaminants intersect with traditional car accident law and insurance. For car accident victims and affected communities, the key is timely medical care, careful documentation, and consulting both medical and legal experts about testing, remediation, and coverage. Follow public health guidance, stay on top of regulatory updates, and reach out to local resources to protect your health and legal rights.

Useful links and contacts: District of South Carolina MDL docket (ECF/PACER), EPA PFAS resources, CDC and ATSDR PFAS guidance, your state health department, and local legal aid or consumer protection offices.