United States Senator, Kristin Gillibrand (D-NY), along with other House and Senate Democrats, recently announced new legislation targeted at addressing per- and polyfluoroalkyl substances (“PFAS”) contamination. The proposed PFAS Accountability Act, which has not yet been released, would establish a federal cause of action allowing individuals who have been exposed to PFAS to sue companies that manufacture or use the chemicals. Senator Gillibrand’s legislation will also provide legal pathways for federal courts to set up medical monitoring programs for individuals exposed to PFAS to prevent against premature morbidity, disability, or death. Specifically, courts may award medical monitoring, if an individual or a class, has suffered an increased risk of developing a disease associated with exposure to PFAS, and there is a “reasonable basis” that the individual or class must undergo periodic and diagnostic medical monitoring for diseases associated with PFAS exposure.
Additionally, if enacted the PFAS Accountability Act will: (1) incentivize funding for epidemiological research on PFAS compounds, and (2) create a national registry designed to update members on latest developments in medical research and treatments. While unveiling the legislation at a roundtable with environmental advocacy groups in New York, Senator Gillibrand said exposure to PFAS contaminants is a national issue, and hopes that a medical monitoring system for PFAS exposure will be made available across the United States.
Lathrop GPM is following this and other PFAS legislative developments as Congressional attention over PFAS continues to grow. Follow the PFAS Playbook for further developments.
Ally Cunningham is a Partner at Lathrop GPM LLP in the Environmental & Tort Practice Group. She focuses on the areas of environmental, toxic tort and other crisis-related litigation. Ally’s national practice consists of trials ...
Arielle McPherson is an associate who focuses her practice on environmental, product liability and tort litigation. She is involved in all phases of litigation, including discovery, depositions, dispositive and pre-trial ...
Matt Walker’s practice includes all areas of environmental law, including litigation, regulatory compliance, and assistance with corporate transactions. He utilizes his background working for environmental regulatory ...
The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.
About this Blog
Lathrop GPM has deep experience developing regulatory strategy and defending litigation in the area of per- and polyfluoroalkyl substances (PFAS), and we have been involved in some of the nation’s most-publicized cases. The PFAS Playbook blog is dedicated to helping readers stay up to date and understand the latest regulatory updates on PFAS.