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PFAS “MICRO CASE CLUSTERS” RIPE FOR THE PICKING

  • Author:John Ray
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PFAS “MICRO CASE CLUSTERS” RIPE FOR THE PICKING

In PFAS Summit V, we are going to provide an in-depth “how to” education related to how your firm can identify and pursue small PFAS case clusters in your area arising from Bio Solids being spread on land and leaching into water.

We are also going to provide the same in depth “how to” education related on similar small case clusters that are “ripe” based on a study the USGC conducted as a follow up to the publication of the UCMR5 data. While the data release received a great deal of attention, the follow up study did not. Even a small PFAS case cluster can produce tens of millions of dollars in fees. The entire C8 cluster was small and produced approximately $1 billion in settlements.

The follow up study used the well contamination data from UCMR5 to determine areas of aquifers across the country that can be presumed to be contaminated with PFAS. (see map at the end of this document)

Attend PFAS SUMMIT V in Fort Lauderdale on March 21st-23rd  to learn what your firm needs to know to help farms in your area file claims for PFAS contamination in their water and soil.

Where: The Riverside Hotel in Fort Lauderdale
When: Friday March 21st – Sunday March 23rd 

Register and get your room today while there is still time:

Register: Ray Group - Mass Tort Success

Book your room: Riverside Hotel - Fort Lauderdale (travelclick.com) 


UNDERSTANDING THE STUDY

While PFAS can essentially move an unlimited distance in water, PFAS can only move as quickly as the water itself moves.

The foregoing means that PFAS moves far more quickly in rivers and streams than in ground water.

This means that length of time it takes for PFAS to contaminate an area a given distance from the discharge point differs greatly between surface water and ground water.

The speed water travels in an aquifer can differ greatly between various areas of the same aquifer or containment areas within the same aquifer.

Containment areas within the same aquifer however are identified as well as the speed at which water flows in the various containment areas in aquifers within the United States has been studied for over 100 years.

One of the original reasons for these studies was that landowners could determine how deep their well would need to be drilled to hit an adequate supply of water.

The USGC used a massive amount of research combined with well test performed in UCMR5 to create a map of the areas of various aquifer areas within the United States which could be presumed to have high levels of contmation. The map indicated the confidence level of the conclusions from these studies, with the red areas having a near 100% confidence level.

Keep in mind that this study is based solely on the UCMR5 testing, just because an area is not shown as having a high level of PFAS contamination in an aquifer doesn’t mean that it does not exist.

How is the data produced by the study useful to law firms?

The areas highlighted in red will have PFAS contamination (near 100% confidence level) in the entire area highlighted in red.

Well owners in these areas will have PFAS CERCLA remediation claims as well as Public Water Systems that use well water to serve customers. Injury claims will also arise from the same base facts as these CERCLA Claims.

If your firm practices in one of the States with red highlight areas, you need to attend PFAS Summit V and learn how to drill down from the data used to create these maps to define PFAS case clusters so that your firm can begin marketing for these PFAS cases that you will be able to prove.

As more PFAS testing is conducted and more data is released, firms will be able to pursue PFAS claims over broader areas. At this stage firms simply need to take what is being given and not miss out on the opportunity to pursue the PFAS cases in their area which are ripe at present.

See the map below, if there are any red areas in the State in which you practice, you need to attend PFAS Summit V.



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