A missed deadline shouldn’t deny justice to Oneida County firefighters

On Sept. 5, justice was denied to thousands of firefighters in the United States when the filing window for Aqueous Film-Forming Foam (AFFF) multidistrict litigation closed. Less than 13,000 cases were filed, comprising a sliver of the U.S. firefighter population. Almost 99 percent of those exposed never knew that the window was closing or even existed. This marks one of the biggest injustices committed against those who protect us from fires.

For communities like Oneida County and Wisconsin, that gap tells a troubling story. It is the story of rural and volunteer fighters who quietly carried the burden of exposure, illness, and uncertainty, only to discover too late that their chance at justice had slipped away. This was not just a missed deadline for reckoning and justice. It was a failure of communication, outreach, and responsibility.

How AFFF Endangers Firefighters

AFFF is ubiquitous in industrial, military, and emergency response settings due to its exceptional fire suppression capabilities. Its key feature is to create an aqueous film on the surface of flammable liquids that extinguishes fires and forms a vapor barrier that cuts off oxygen. However, this quality comes from toxic per- and polyfluoroalkyl substances (PFAS) that the foam is laden with. True to its moniker, ‘forever chemicals’, these substances persist in the environment for decades and accumulate in the human body, which are associated with a range of health problems, including ovarian, testicular, and kidney cancers, thyroid diseases, and other chronic illnesses.

Firefighters have elevated PFAS levels in their blood compared to the general public, due to their long and constant exposure to AFFF. They are also exposed to PFAS not only through foam but also through contaminated protective gear. During intense operations that combine heat, moisture, and friction, these chemicals are absorbed through the skin.

The Staggering Scale of Missed Claims in Oneida County and Wisconsin

Half of the fire departments in Oneida County are run by volunteers, with hundreds of people serving. According to the U.S. Fire Administration’s 2026 registry, 762 of the nation’s 27,115 fire departments are located in Wisconsin, representing about 3 percent of the national total. Almost 80 percent of these departments are volunteer-run, serving an estimated 13,000 firefighters across the state. Proportionally, Wisconsin alone would be expected to generate thousands of AFFF claims — hundreds from Oneida County alone — yet nationwide, fewer than 13,000 cases were filed, a number that Wisconsin alone should have accounted for.

Additionally, profiling reveals an estimated 1,055,400 firefighters across the country — not counting exposed veterans, airport crews, and support personnel. The filings represent a mere 1-2 percent of those likely exposed to the toxic foam.

The AFFF litigation offered Wisconsin and nationwide firefighters a rare, streamlined chance for claims against manufacturers — but only for those who knew about it. The lack of notification regarding the filing window made the litigation a race against time that most didn’t even know they were running.

A Systemic Failure of Notification

These abysmal numbers cannot be explained by mere disinterest or negligence by Wisconsin and Oneida County firefighters. There were no systems to track state-level filings or to cascade unified notices from state or federal agencies. While unions issued alerts, coverage was inconsistent and often failed to reach smaller and volunteer departments. Most firefighters never knew the deadline existed. Retirees and firefighters who were already sick or navigating the medical system also fell through the cracks.

Both federal and state agencies’ outreach systems failed to communicate the closing window for AFFF lawsuits. For the most part, the government’s own missing infrastructure kept firefighters in the dark about this legal opportunity.

Now, firefighters can only file claims under far stricter conditions. Full medical records, expert causation reports, and compressed timelines will now be required. Those who file beyond the AFFF filing window face increased costs, a higher burden of proof, and complex legal and medical processes.

The Path Forward for Firefighters

With the filing window lapsed, the Firefighter PFAS Injury Compensation Act provides an immediate and impactful solution to the increased costs for exposed firefighters. The proposed law establishes a no-fault claims process, mandates faster determinations, and lowers the burden of proof for exposed firefighters. Crucially, the legislation provides standardized compensation tied directly to years of service. Since PFAS accumulate in the body and persist, related health risks build up over a firefighter’s career.

Beyond the vital legislation, the government should mandate PFAS awareness and outreach programs in firefighter training and education. Furthermore, a centralized federal and state notification system should keep firefighters informed of future litigation or compensation programs. Claims processes must be streamlined to respect firefighters’ time, health, and service.

In Wisconsin and across the nation, those who risked their lives running towards the fire were never told the door to justice was shutting. While firefighters answered every call, the system stayed silent as their access to justice expired. That reflects more than negligence; it feels like a betrayal to those affected. Honoring firefighters requires more than symbolic gestures. It requires real, concrete action to protect their health. At a minimum, we can provide them with the best care and compensation they can receive for the risks they’ve long endured.

Jordan Cade is an attorney with Environmental Litigation Group, P.C., an Alabama-based law firm representing firefighters and others exposed to toxic AFFF and other hazardous chemicals.