Posted on Jul 13, 2023
As a widow of a veteran who was exposed to AFFF firefighting foam, and died of cancer, what claim if any do I have?
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My deceased husband suffered and died in 2014 from Cancer - Colon and Bladder. He was a Navy Veteran, boot camp at Great Lakes, USS John F Kennedy and other - exposed to the AFFF foam. At the time of Cancer diagnosis, no family or genetic connection and he was in otherwise good health. Now in the news I see the Firefighting foam being linked to Cancer. I have created an Intent to File (6/29/23) and am trying to contact Texas Veterans Commission for assistance. I am the surviving spouse, I was also active duty Navy but a Viet Nam era female Vet who was not exposed to the AFFF. However we lived in Navy housing outside Andrews AFB in the early 1980's and after we moved on learned it was closed due to PFAS in the ground water. What claim if any do I have?
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Cancer
Cancer
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You mentioned that your late husband served at Naval Station Great Lakes, which is currently designated as a Superfund site, due to the severe issue of PFAS contamination. The site is contaminated with multiple pollutants, with PFAS being the most concerning.
While firefighters were most at risk of exposure, other military personnel living at the Naval Station Great Lakes could have also been exposed by consuming contaminated water, as PFAS is believed to have infiltrated the groundwater and drinking water sources. These chemicals have also been found in food, particularly fish caught in the area.
Prolonged exposure to PFAS/AFFF can lead to cancer, with bladder cancer being a specific risk.
The surviving family members of someone exposed to AFFF can file a wrongful death lawsuit to seek compensation. However, certain eligibility requirements must be met, and I am not well-versed in the legal aspects of this process.
I know that the legal process for wrongful death cases is more complex and requires solid evidence to support the lawsuit. Therefore, I would advise reaching out to an environmental litigation group that specializes in PFAS/AFFF toxic exposure cases. They can assist in recovering compensation for the loss of your husband.
While firefighters were most at risk of exposure, other military personnel living at the Naval Station Great Lakes could have also been exposed by consuming contaminated water, as PFAS is believed to have infiltrated the groundwater and drinking water sources. These chemicals have also been found in food, particularly fish caught in the area.
Prolonged exposure to PFAS/AFFF can lead to cancer, with bladder cancer being a specific risk.
The surviving family members of someone exposed to AFFF can file a wrongful death lawsuit to seek compensation. However, certain eligibility requirements must be met, and I am not well-versed in the legal aspects of this process.
I know that the legal process for wrongful death cases is more complex and requires solid evidence to support the lawsuit. Therefore, I would advise reaching out to an environmental litigation group that specializes in PFAS/AFFF toxic exposure cases. They can assist in recovering compensation for the loss of your husband.
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PO1 Sharon Jackson
Thank you. The Texas Veterans Commission filed a claim for me, supposedly under the new criteria of the PACT act. I received the denial at the end of August based on the fact that his service was not during time of war? So, I was just contemplating whether to pursue further through a law firm or appeal to the VA. I think I mentioned that when he died he was cremated, so I don't have any DNA to submit for evidence. They were supposed to file based on presumptive cause. Do you think I am right in assuming that they did not file under the expanded or New PACT toxic substances criteria? I didn't want to go to a law firm that is doing all these PFAS/AFFF firefighting foam cases since they take a % of compensation. That is why I tried to go directly to the VA. I really don't know how to proceed now with this new information about Great Lakes you provided.
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Cristina Johnson
You mentioned that the Texas Veterans Commission has filed a claim on your behalf, supposedly under the new criteria of the PACT Act. Could you clarify what type of toxic exposure they were claiming?
As I understand it, currently, there are no presumed connections for PFAS exposure.
In 2023, there was a bill introduced to establish several presumptive service connections for veterans exposed to PFAS during their military service. However, the bill has not progressed.
So in this case your husband's diagnosis was associated with what type of toxic exposure, AFFF/PFAS?
I've included some information on PFAS exposure claims here:
https://www.publichealth.va.gov/exposures/pfas.asp
I understand your hesitation to proceed with a litigation group due to the commission's fees. However, it's important to note that there are time limitations for toxic exposure claims, which I believe range from 1 to 3 years after the diagnosis or the time of death.
Keeping this in mind you will have to decide what is the best way to proceed.
As I understand it, currently, there are no presumed connections for PFAS exposure.
In 2023, there was a bill introduced to establish several presumptive service connections for veterans exposed to PFAS during their military service. However, the bill has not progressed.
So in this case your husband's diagnosis was associated with what type of toxic exposure, AFFF/PFAS?
I've included some information on PFAS exposure claims here:
https://www.publichealth.va.gov/exposures/pfas.asp
I understand your hesitation to proceed with a litigation group due to the commission's fees. However, it's important to note that there are time limitations for toxic exposure claims, which I believe range from 1 to 3 years after the diagnosis or the time of death.
Keeping this in mind you will have to decide what is the best way to proceed.
Apply for and manage the VA benefits and services you’ve earned as a Veteran, Servicemember, or family member—like health care, disability, education, and more.
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PO1 Sharon Jackson
Done. File claim with Texas Veterans Commission, it was denied by VA stating that his exposure was not during time of war.
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