3M’s PFAS Deal Promises Cash, But Not Clean Water, For Wisconsin Families

Mary Wetterling named the water dispenser at her French Island, Wis., home “Aqua Maria.” Angela Major/WPR

Minnesota-based 3M announced this week it will spend more than $7 billion over the next nine years to settle injury claims tied to PFAS, and hundreds of Wisconsin residents may be eligible for compensation.

PFAS, short for per- and polyfluoroalkyl substances, are a class of thousands of synthetic chemicals used in products like cookware, food wrappers and firefighting foam. Research shows high exposure to PFAS has been linked to kidney and testicular cancers, fertility issues and reduced response to vaccines.

The company did not admit any liability or wrongdoing in the $7.35 billion settlement. The deal addresses 99 percent of personal injury claims in over 15,000 cases tied to use of aqueous film-forming foam, or AFFF, that contains PFAS. As many as 120,000 plaintiffs have filed personal injury claims since 2018.

David Hoyle and Fred Thompson, attorneys working on the multi-district litigation for the firm Motley Rice, called the settlement a favorable result for victims, saying it would help them pay for “mounting medical bills” linked to PFAS exposure. The firm’s co-founder Joe Rice, who had secured settlements from big tobacco companies, worked on the deal until he died in September.

Attorney Hunter Shkolnik with law firm Napoli Shkolnik represents 340 clients with personal injury claims in Wisconsin. He told WPR the deal is a “landmark recovery.”

“You have some extremely high-level contamination sites in the state, and I guarantee you there are quite a few residents of Wisconsin who are qualifying in this litigation,” Shkolnik told WPR.

In 1947, 3M began making PFAS at its plant in Cottage Grove, Minnesota. By the early 1960s, internal research by DuPont began raising concerns about the health risks tied to the chemicals. In 2000, 3M announced it would phase out production of the two most widely studied chemicals, PFOA and PFOS. The company said it stopped manufacturing PFAS last year.

“This settlement represents a significant milestone in addressing the personal injury litigation and more broadly another significant step forward in managing 3M’S legacy matters,” said 3M Chairman and CEO Bill Brown in a conference call Wednesday.

The deal includes a $50 million payment this year for administrative costs of the settlement and no payments in 2027. The settlement then includes annual payments from 2028 to 2033 totaling $6.3 billion, according to 3M. Additional payments totaling $350 million would be made if there’s higher participation and future claims between 2029 and 2032. A reserve fund of $680 million would be set up and not fully paid until 2034.

Those who want to submit a claim will have to prove they have one of several eligible medical diseases. They include kidney cancer, testicular cancer, liver cancer, thyroid cancer, ulcerative colitis or thyroid disease. They must also prove they lived in a community with contaminated water and show the diagnosis occurred after residing there.

Claims eligible for payment may include medical expenses, loss of wages, wrongful death, mental or physical pain among other claims, according to the settlement agreement. Legal counsel must provide information on all eligible clients by Nov. 13.

Two years ago, nearly 50 residents living in or near the city of La Crosse sued 3M and other chemical companies in the multi-district litigation due to PFAS contamination of private wells. The pollution is linked to use of firefighting foam that contains PFAS at the La Crosse Regional Airport. The village of French Island is now seeking to install a municipal water system.

Kim Wing is among French Island residents who sued over exposure to PFAS in her well. Wing, a registered nurse, said she relies on bottled water for drinking, but she and her grandkids have been using water with elevated PFAS levels for showering or washing dishes.While she appreciates the settlement, Wing said she and her family are still healthy as far as they know.

“My thought is the claim will be open for some period of time, but we don’t know how long that it would take for these illnesses to show up,” Wing said. “Then, on top of that, you look at the value of our property. What I’m appraised at, am I going to be able to sell my property for that, knowing that you can’t drink out of the well?”

The settlement doesn’t apply to property damage or cleanup claims, but Shkolnik said that’s the next phase in the litigation. Those claims would apply to local governments, fire districts, airports and homeowners with contaminated wells.

“We are getting there,” Shkolnik said. “We’re going to get compensation to the people who deserve it, and we appreciate their patience and how long it’s taken.”

Multiple cities and counties have also sued 3M or other PFAS manufacturers, whose cases have been part of the multi-district litigation. They include Dane County, the Milwaukee Metropolitan Sewerage District and the cities of La Crosse, Eau Claire and Wausau.

The state of Wisconsin’s lawsuit against 3M and chemical companies would be handled separately as part of ongoing litigation with state attorneys general.

In 2023, 3M reached a $10.3 billion settlement with public water systems nationwide related to PFAS contamination.

3M reaches $7.35B settlement over PFAS; some in Wisconsin may qualify for compensation. was originally published by Wisconsin Public Radio.