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Written By: Robert King, Esq.
Legal Review By: Mike Stag, Esq.
The PFAS Lawsuit is an active lawsuit
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Kidney Cancer and PFAS Contamination in the Military

The U.S. Department of Veterans Affairs (VA) has acknowledged that military personnel are at risk of developing kidney cancer as a result of their service. The risk of kidney cancer in service members is related to exposure to per- and polyfluoroalkyl substances (PFAS) at military sites throughout the globe. Research shows a link between PFAS exposure and an increased risk for kidney cancer.

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Recent studies have shown that prolonged or repeated exposure to chemicals such as per- and polyfluoroalkyl substances (PFAS) and Trichloroethylene (TCE) has the potential to cause cancer in humans. Both are considered known human carcinogens. Military personnel across the country and throughout the world have been exposed to PFAS and TCEs through contaminated drinking water and airborne toxins from burn pits.

The U.S. Department of Veterans Affairs (VA) has acknowledged the risk by adding kidney cancer to the list of presumptive conditions related to burn pit exposure. Presumptive conditions are those that the VA assumes were caused by your service. If you were diagnosed with kidney cancer after serving in the U.S. military, you may be entitled to compensation. It is important to discuss your case with an attorney as soon as possible. 

Kidney Cancer: Signs, Symptoms, and Side Effects

Early signs of kidney cancer are frequently missed or dismissed as normal fatigue. Unfortunately, it may not be until the cancer has progressed that signs become more evident.

Signs and symptoms of kidney cancer include:

  • Fatigue
  • Persistent pain in the back or side
  • Blood in the urine (hematuria)
  • Unexplained weight loss
  • Loss of appetite

While the above symptoms are the most prevalent, there are some less common but still significant signs of kidney cancer, such as hypertension and changes in liver function tests that should be taken seriously. It is important to note that prolonged or repeated PFAS exposure may increase the risk of developing kidney cancer.

Infographic; Military water contamination signs of kidney cancer; lists symptoms of kidney cancer and other illnesses related to military water contamination; mentions the PACT Act

 

The PACT Act: Rights for Veterans with Kidney Cancer from PFAS

In 2022, Congress passed bipartisan legislation to help improve health care and benefits for veterans who had been exposed to toxic substances. The “Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022” or PACT Act expands healthcare benefits for military service members who have suffered adverse health conditions as a result of exposure to toxic substances, including Agent Orange and those from burn pits such as PFAS and TCE.

The PACT Act simplifies the process for veterans to obtain benefits if they have a presumptive condition such as kidney cancer.

Kidney cancers the VA considers presumptive include:

  • Chromophobe (renal cell carcinoma)
  • Clear cell (renal cell carcinoma)
  • Clear cell papillary (renal cell carcinoma)
  • Collecting duct (renal cell carcinoma)
  • Medullary (renal cell carcinoma)
  • Papillary (renal cell carcinoma)
  • Unclassified types (renal cell carcinoma)
  • Renal sarcoma (non-renal cell carcinoma)
  • Wilms tumor (non-renal cell carcinoma)

The U.S. Department of Defense has recently indicated that over 700 military bases may have PFAS contamination. A large amount of the contamination is related to the military’s continued use of Aqueous Film Forming Foam (AFFF), a fire-fighting foam known to contain PFAS and used at bases throughout the world.

The PACT Act is named for Sergeant First Class Heath Robinso, who died from cancer in 2020. His doctors insisted the cancer was the result of exposure to toxic chemicals. Robinson completed multiple tours in Iraq and Kosovo, where he was exposed to toxic burn pits.

If you were stationed at a military base that is contaminated with PFAS you may be entitled to file a legal claim or obtain compensation for your injuries.

Requirements for filing a claim for PFAS-related kidney cancer:

  • Must have been stationed at a contaminated base
  • You received a diagnosis of a presumptive condition

It is important to note that PFAS-related kidney cancer may lay dormant for 10 – 15 years, making it difficult to determine the cause. If you served in the military, particularly in a location known to have exposure to burn pits and other specific environmental hazards, it is strongly recommended that you speak with an attorney.

Policy Changes Regarding PFAS Use in the Military

In addition to providing expanded health care and benefits for veterans who were exposed to toxic substances, the PACT Act also provides additional funding for research on toxic exposures and the long-term health consequences of PFAS.

The Department of Defense (DoD) is currently in the process of performing preliminary assessments and site inspections of over 700 military installations believed to contain PFAS contamination. The DoD has implemented policies to help reduce PFAS exposure in the military, including restricting the use of AFFF.

Contact a PFAS Cancer Attorney Today

Were you diagnosed with kidney cancer after serving in the U.S. military? King Law has extensive experience handling military PFAS and kidney cancer cases. Current and former service members diagnosed with kidney cancer or another adverse health condition are strongly encouraged to contact King Law to schedule a free consultation.

Frequently Asked Questions (FAQs)

Can military service increase the risk of kidney cancer due to PFAS exposure?
Studies show that prolonged and repeated exposure to PFAS can increase the risk of developing kidney cancer. The U.S. Department of Defense has admitted that over 700 military installations may contain PFAS contamination.
What are the common signs and symptoms of kidney cancer linked to PFAS exposure?
Signs and symptoms of kidney cancer linked to PFAS exposure include blood in the urine, fatigue, unexplained weight loss, and persistent pain in the back or side.
How does the PACT Act benefit veterans with kidney cancer presumed to be caused by PFAS?
The PACT Act helps to increase health care benefits for individuals who have kidney cancer presumed to be caused by PFAS. It lists kidney cancer as a presumptive condition of burn pit exposure and helps to improve access to medical care for military service members.
What steps should I take if I suspect my kidney cancer is related to PFAS exposure in the military?
The first thing you should do if you suspect your kidney cancer is related to PFAS exposure in the military is contact a qualified attorney. An attorney can help determine whether you are eligible to file a claim based on your diagnosis.
How can I file a claim for kidney cancer due to PFAS exposure?
The PACT Act has significantly increased access to health care and benefits for military service members who have been diagnosed with a presumptive condition such as kidney cancer. An attorney can assist you with filing a claim.
Are there special legal considerations for veterans seeking compensation for PFAS-related kidney cancer?
In order to file a claim based on PFAS-related kidney cancer, you may need to show that you were stationed at a base where PFAS contamination is known or you were at a location where exposure to burn pits is presumed.
Can I still seek compensation for kidney cancer if I served many years ago?
Yes, you may still be able to seek compensation for kidney cancer if you served many years prior to your diagnosis. PFAS-related kidney cancer may have a latency period of 15 years or more.
What types of kidney cancer are most commonly linked to PFAS exposure?
Renal cell carcinoma is the most commonly linked kidney cancer to PFAS exposure. However, the VA recognizes both renal cell carcinoma and non-renal cell carcinoma as presumptive conditions.
How can I prove my kidney cancer is related to my military service and PFAS exposure?
The best way to prove your kidney cancer was related to your military service and PFAS exposure is by retaining a qualified attorney. An attorney can help investigate your claim and determine the best course of legal action.