Groton – Groton Fire Chief Daniel Tompkins, president of Groton Firefighters Local 1964, knows firefighters take risks.
He said it’s a dangerous job because firefighters’ life expectancy is 10 years less than the general population. Firefighters can’t control some aspects of their job: fires burn hot and emergencies are stressful.
But turnout gear – the protective clothing firefighters wear – is one aspect he and other firefighters across the state are trying to change.
Tompkins is one of the plaintiffs in a class action lawsuit on behalf of firefighters across the state of Connecticut alleging harm caused by protective clothing containing per- and polyfluoroalkyl substances (PFAS).
While most people in the United States are exposed to “background levels” of the persistent synthetic chemicals, such as in food or water, exposure is higher in some occupational groups, the lawsuit says. A 2020 study by the University of Notre Dame found “significant levels” of PFAS in turnout gear.
The lawsuit states that PFAS break down when exposed to heat, leading to an increased risk of exposure when absorbed through the skin or ingested or inhaled.
According to the lawsuit, health problems that can result from exposure to the chemicals include an increased risk of kidney, testicular, thyroid, bladder, breast and ovarian cancer, immune problems, reproductive effects, high cholesterol and high blood pressure in pregnant women.
The statewide firefighters union, unions in Stamford, Fairfield, Easton, Stratford, Hamden and the city of Groton, the city of Stamford, the Old Mystic Fire District and the Old Mystic Fire Department, and six firefighters, including Tompkins, are suing the companies that design, manufacture, supply or distribute the equipment or the materials or chemicals in the equipment.
The lawsuit alleges that the defendants knew the equipment, materials and chemicals were unsafe but failed to warn people about the health risks.
The lawsuit seeks damages, reimbursement of attorneys’ fees and costs, and a contribution to a medical testing and monitoring program so that any illnesses resulting from exposure can be diagnosed early.
The lawsuit is directed against 3M Company, EIDP Inc., DuPont de Nemours Inc., The Chemours Company, LLC, The Chemours Company, FC, LLC, Corteva Inc., Elevate Textiles Inc., Globe Manufacturing Company, WL Gore & Associates, Fire-Dex GW, LLC, Honeywell Safety Products, The InterTech Group Inc., Lion Group Inc., Milliken & Company, Morning Pride Manufacturing LLC, PBI Performance Products Inc., Safety Components Fabric Technologies Inc., StedFast USA, Inc. and TenCate Protective Fabrics.
“As the science and technology surrounding PFAS, societal and regulatory expectations, and our expectations of ourselves have evolved, so too has our approach to PFAS,” 3M said in a statement. “3M will address PFAS litigation by defending itself in court or through negotiated resolution, whichever is appropriate.”
The other companies either declined to comment or were unavailable for comment.
Safety as a top priority
Old Mystic Fire Chief Kenneth Richards Jr. and Old Mystic Fire District President Michael Pacheco said the department and district had a moral responsibility to get involved.
“We want to make sure the firefighters and their clothing are safe,” Pacheco said. “That’s our biggest concern right now.”
Richards said they joined the lawsuit because the safety of firefighters who wear this equipment is their top priority. The department and county want more information to make good, informed decisions to protect firefighters.
“Research shows that PFAS can be harmful, so we’re concerned if it can be harmful and actually harms our members. We’re concerned about annual medical monitoring,” Richards added. “Right now, everyone has an annual physical, but we’ll probably have to start doing our annual physicals with blood tests to test for PFAS.”
He said this was an additional expense that could be offset by compensation, and if problems arise later, he hoped funds would be available for follow-up and long-term medical treatment for all members.
In addition, the department stopped using firefighting foam containing PFAS years ago, he added.
A responsibility towards the firefighters
Tompkins, captain and assistant fire chief of the Town of Groton Fire Department, has served for 31 years with the department, which is not part of the lawsuit, and three years before that in Norwich. He is also vice president of the Uniformed Professional Firefighters Association of Connecticut and president of the local union representing Town of Groton firefighters and Old Mystic career firefighters.
The lawsuit would apply to all firefighters in Connecticut, said Jennifer Sclar, legal counsel at Silver Golub & Teitell LLP, which filed the class action lawsuit.
At the Broad Street fire station in the town of Groton, Tompkins displayed a poster stating that firefighters face higher health risks than the general population, including twice the risk of testicular cancer, 1.53 times the risk of multiple melanoma, 1.51 times the risk of non-Hodgkin lymphoma, 1.39 times the risk of skin cancer, and about 1.3 times the risk of malignant melanoma and brain tumors.
Tompkins said he has watched firefighters across the state develop cancer and, in some cases, die from it.
“I have a responsibility to the younger firefighters, not just in my department, but across the state and ultimately the country,” said Tompkins, whose niece and nephew are firefighters.
“I want the fire department to remain safer for them and the firefighters who come after them,” he added.
He said he personally has no physical health problems from PFAS, but he wears the equipment every day and it poses a significant exposure.
“You try not to think about it too much, but in some ways it’s like a ticking bomb,” he said.
Given the growing awareness of PFAS in recent years, the department has begun to restrict some of the equipment’s use, such as wearing a gown instead of turnout gear on a medical call. However, the equipment must still be worn on a daily basis, such as when responding to fires, fire alarms and car accidents. The City of Groton department has also stopped using firefighting foam.
He said he wants to remove all PFAS from the equipment and hold manufacturers accountable, including replacing the equipment, which costs about $5,000 per set – and firefighters have two sets. He also wants funding for testing and monitoring, as well as compensation for people who get sick.
First suitcase of its kind
Sclar, legal counsel at Silver Golub & Teitell LLP, said the lawsuit is about protecting firefighters who risk their lives every day to help people in the worst moments of a tragedy.
New legislation in Connecticut will severely restrict the ability to manufacture or purchase many consumer goods, including turnout gear, containing PFAS by 2026 and ban the manufacture or sale of those items containing PFAS by 2028, she said. But that does not prohibit the continued use of the older firefighting equipment.
“The suit is designed to ensure that firefighters do not have to wear their turnout gear for a minute longer than necessary,” said Sclar.
Sclar said this is the first case of its kind to focus exclusively on PFAS in firefighters’ turnout gear.
“We hope other states will follow suit and that firefighters across the U.S. will have access to medical monitoring, new equipment and compensation,” Sclar said.
