New York is home to dozens of active and former military installations, Air National Guard bases, and major commercial airports where Aqueous Film-Forming Foam (AFFF) was used for decades as the primary suppression agent for jet-fuel fires. AFFF contains per- and polyfluoroalkyl substances (PFAS) - synthetic chemicals that persist in human tissue and have been linked by research to multiple forms of cancer.
Thousands of New York veterans, active Guard members, civilian airport firefighters, and municipal fire personnel may have experienced significant AFFF exposure. This page summarizes the current state of AFFF litigation as it applies to New York claimants. This content is not legal advice. Consult a licensed attorney to evaluate your individual situation.
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What Is AFFF and Why Is It Dangerous?
AFFF was developed in the 1960s under a U.S. Navy contract to combat petroleum-based fires. Its key ingredients - PFOS and PFOA, both PFAS compounds - create a low-surface-tension film that rapidly spreads across fuel surfaces and prevents vapor ignition. For decades, AFFF was considered the gold standard for aircraft crash-fire response.
The problem is that PFAS do not biodegrade. Once ingested, inhaled, or absorbed through skin contact, they accumulate in blood and organs over a lifetime. Research from NIOSH (National Institute for Occupational Safety and Health) and independent epidemiological studies has consistently found elevated cancer rates in occupational cohorts with chronic PFAS exposure. Several of these cancers - including bladder, kidney, and testicular cancer - appear at measurably higher rates in military firefighter populations.
The litigation against AFFF manufacturers, including 3M and DuPont (now Chemours), centers on allegations that these companies were aware of PFAS toxicity risks well before they were disclosed to the public or to military buyers. Internal documents produced during litigation have shown company-funded research dating to the 1970s flagging health concerns.
New York Military Bases and Airports Where AFFF Was Used
New York has a high density of AFFF-use locations. Key sites include:
- ·Stewart Air National Guard Base (Newburgh/Orange County) - home of the 105th Airlift Wing, a major ARFF training location with documented PFAS groundwater contamination in the surrounding community.
- ·Niagara Falls Air Reserve Station (Niagara Falls) - a reserve facility with active ARFF operations and publicly reported PFAS detections in nearby wells.
- ·Republic Airport (Farmingdale, Long Island) - a civilian airport with active crash-fire-rescue crews required by FAA regulations to maintain AFFF readiness.
- ·Former Plattsburgh Air Force Base (Clinton County) - a Cold War-era SAC base with documented PFAS contamination that led to state remediation actions. While the base closed in 1995, former personnel who worked there during active years may still have valid claims.
- ·Floyd Bennett Field (Brooklyn) - former Navy air facility now managed by the National Park Service; military and civilian firefighters trained with AFFF on site.
- ·John F. Kennedy International Airport and LaGuardia Airport (Queens/Queens-Bronx boundary) - major FAA-regulated airports where CFR crews used AFFF for decades.
Other sites, including smaller general-aviation airports and former Cold War radar stations, may also be relevant depending on an individual's employment history.
Cancers Associated with AFFF PFAS Exposure
The cancers most frequently cited in AFFF personal injury litigation include:
- ·Bladder cancer - the most commonly alleged cancer in MDL 2873 individual cases
- ·Kidney (renal cell) cancer - supported by multiple occupational cohort studies
- ·Testicular cancer - elevated incidence in young male military firefighters
- ·Thyroid cancer - PFAS disrupt thyroid hormone regulation
- ·Non-Hodgkin's lymphoma - included in VA service-connection presumptions for certain firefighters
- ·Prostate cancer - observed in studies of male firefighters with extended AFFF exposure
- ·Pancreatic cancer - present in some litigation frameworks, with ongoing causation research
New York's Firefighting Cancer Fund - established under state law to assist career firefighters - separately recognizes certain cancers as presumptively job-related for benefits purposes. Eligibility for the state fund and eligibility to join the federal AFFF MDL are separate questions; a licensed attorney can help you understand which pathways apply to your situation.
The Federal AFFF Lawsuit Consolidation: MDL 2873
AFFF cases from across the United States, including New York, are consolidated in Multidistrict Litigation 2873 before Judge Richard Gergel in the U.S. District Court for the District of South Carolina. The MDL handles pretrial discovery, expert testimony, and bellwether trials that set benchmarks for settlement negotiations.
3M Company settled water-utility contamination claims for approximately $12.5 billion. DuPont de Nemours and its spinoffs Chemours and Corteva reached an approximately $1.185 billion water-utility settlement. Neither settlement resolved individual personal injury cancer claims, which remain active in MDL 2873.
New York claimants who file federal suits are typically transferred to the D.S.C. MDL for pretrial proceedings. If their cases are not resolved through the MDL settlement process, they may eventually be remanded to the Eastern or Southern District of New York for trial. The pace of individual case resolution within the MDL depends on placement in bellwether pools and ongoing settlement negotiations.
New York Legal Considerations for AFFF Claimants
New York's general personal injury statute of limitations is three years under CPLR Section 214. The discovery rule, recognized by New York courts in toxic tort cases, can toll this period when a plaintiff could not reasonably have connected their illness to a specific exposure. The statute of limitations varies by state and by the nature of the claim; what applies to a standard negligence case may differ from what applies to a products liability or latent-disease claim in New York.
New York has also enacted firefighter-specific cancer presumption legislation. Under certain conditions, active and retired paid firefighters in New York may have an easier path to establishing causation for job-related cancers, both for workers' compensation purposes and potentially in civil litigation. These presumptions do not automatically guarantee recovery, but they shift the burden of proof in ways that can benefit claimants.
Wrongful death claims in New York must generally be brought within two years of the date of death. If you are a family member of a New York firefighter or veteran who passed away from an AFFF-linked cancer, consult a licensed attorney immediately to determine whether your claim is still timely.
How Claimants Have Pursued AFFF Compensation
New York AFFF claimants typically work with mass-tort law firms that accept cases on a contingency basis, meaning no upfront legal fees. The process generally involves:
- Free case evaluation - The firm collects service records, employment history, and medical records to assess claim viability.
- Expert causation review - Medical and occupational health experts evaluate whether the claimant's cancer type and exposure duration align with accepted PFAS causation standards in MDL 2873.
- Federal complaint filing - A complaint is filed in federal district court, typically in the Eastern or Southern District of New York, and transferred to MDL 2873.
- MDL proceedings - Pretrial discovery is coordinated through the MDL. Settlement negotiations are ongoing.
Reported settlement ranges for individual AFFF cancer claimants vary considerably by cancer type, severity, treatment costs, duration of exposure, and current MDL priorities. There is no guaranteed outcome. All outcomes depend on the specific facts and medical evidence in each case.
Next Steps for New York AFFF Cancer Claimants
If you served at a New York military installation, worked as a firefighter at a New York airport, or were a municipal firefighter with documented AFFF use and have been diagnosed with a potentially PFAS-linked cancer, the appropriate first step is a free consultation with a licensed attorney experienced in AFFF mass-tort litigation.
At that consultation, bring your discharge papers (DD-214 if military), employment records, any VA ratings or medical records, and your cancer diagnosis documentation. The attorney will evaluate whether your case fits the current eligibility criteria in MDL 2873.
This content is not legal advice and does not create an attorney-client relationship. The statute of limitations varies by state and by individual circumstances. New York claimants should act promptly; waiting can jeopardize a claim even where the discovery rule might otherwise apply. Attorney advertising. Prior results do not guarantee similar outcomes.