The History of PFOA

1947

1947

PFOA (perfluorooctanoic acid), also known as C8 (known as this by the 3M Corporation because this molecule has eight carbons connected to a singular flourine), is first invented and subsequently used by various chemical companies, including DuPont in the production of Teflon and other goods.

1951: DuPont begins production of Teflon in West Virginia.

[2]

1961

1961

DuPont realizes the toxic effects PFOA on lab animals and its potential harm on human health; yet, they continue to use PFOA. Specifically, a toxologist within the company found that the chemical was enlarging the livers of rats and rabbits.

[4], [6], [9]

1976

1976

For context, it may be important to note that the Environmental Protection Agency (EPA) started regulating toxic chemicals under the Toxic Substances Control Act; however, PFOA was not included in the regulatory oversight yet.

[1], [12]

1980s

[4], [6]

1980s

DuPont detects PFOA in its workers' blood and various human health effects from this chemical. Despite the findings, DuPont does not disclose this information/data to the EPA or public.

Some of their findings:

-Animal studies show damage in eyes of developing animal fetus and find tumors from PFAS

-PFAS potential harm to human immune system

-Workers' blood have rising flourine levels

-Workers have elevated cancer rates

1990s

1990s

[4], [6]

More studies conducted from within DuPont and through the 3M company found additional signs of human health degredation from exposure to PFOA.

Some of their findings:

-Risk of testicular cancer

-Elevated cancer rates among workers (once again)

-PFAS moves through food chains

-PFAS accumulate in blood

-Animal liver damage from PFAS exposure

1998

The mounds of freshly buried cows on Tennant's farm as expressed in the movie.

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1998

Wilbur Tennant, a farmer, and his family living in Parkersburg, West Virginia begin suing DuPont after mass deaths and unusual health issues in his cattle and farm animals.

According to the movie:

-Tennant lost 190 cows

-the cows had tumors, bent-in hooves, black teeth, manic episodes, etc.

Tennant suspected that the chemicals from DuPont's Dry Run Landfill were seeping into the creek that his cows were drinking from and were poisoning them.

1999

1999

Initially, Rob Bilott is not convinced by Tennant, but once he is, Bilott dives into the theory and evidence head first.

He first gets help and advice from local counsel in West Virginia in order to create an effective case against DuPont.

He then requests a dicovery from DuPont, and once he recieves it, he is forced to sort through and analyze many boxes full of material and data.

[1]

2000

2000

-Rob Bilott realizes that the chemical is in the water of Tennant's community, and this is proved by the C8 detected in the Parkersburg public water systems. This is additionally proved by the community's teeth that often appeared blackened because high concentrations of flourine chemically damaged teeth.

-Someone (likely DuPont) broke into Tennant's home (in the movie).

-Tennant and his wife contract cancer from the C8 in their water.

-Bilott realizes the only way to force DuPont to bear the blame is to send all his findings and the data documents to the EPA anonymously. He then testifies in the DC Court.

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2001

2001

Finally under newfound and intense pressure, DuPont informs the affected community that their water has been contaminated with C8. This is the first time the community becomes aware of the issue aside from Tennant's growing concerns and his initial theories. Though, because DuPont acknowledged the water contamination, even though they posed it as safe, it left residents with one year to file a lawsuit.

[1], [13]

2002

2002

Bilott convinces the rest of his firm to also support the victims of this PFOA contamination, initiating a prolonged legal battle against DuPont.

(Bilott was part of the Taft Law Firm)

[1], [11]

2003

2003

According to the movie, Joseph Kiger's father's home is up in flames in what is implied to be a form of targeted asrson during this year.

In addition to this, was Bilott's paranoia in the movie when he fears to turn on his car due to potential rigged explosives also accurate?

[1], [8]

Darlene Kiger and Joe Kiger

2004

2004

A panel of three scientists were tasked by a West Virginia court to do medical monitoring on the affected community and determine if there is a correlation between any medical issues and C8.

DuPont also files a lawsuit and sues DuPont for their failure to disclose evidence of PFOA contamination and risks.

[1], [10]

2005

2005

EPA levied the largest fine ever made against DuPont, causing DuPont to eventually settle the lawsuit by paying $16.5 million.

Around the same time, much of the affected community (approximately 69,000 people total) shows up to participate in the C8 blood testing (and they would receive a check after).

[1], [5]

2009

2009

In honor of Wilbur Tennant and his involvement and initiation of this fight against DuPont, I think it is important to note his passing away in May of 2009 after 11 years of fighting against the contamination of his community.

[1], [3]

2011

2011

There are still no results from the C8 scientific panel, and the community grows frustated and anxious after so many years of waiting.

Bilott also undergos a transient ischemic attack (TIA), similar to a stroke, indicating the mental turmoil he is undergoing in this long battle.

[1]

2012

2012

After seven years of waiting, Bilott finally receives a call from the science panel who found that C8 exposure is linked to six categories of serious illness: kidney cancer, testicular cancer, thyroid disease, preeclampsia, high cholesterol, and ulcerative colitis.

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2015

2015

DuPont go back on a lot of previous claims, but Bilott is persistent in seeking justice for victims in Ohio and surrounding areas by continuing to file additional lawsuits in this year and onwards.

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2017 & Onwards

2017

In February of 2017, DuPont agrees to settle over 3,500 individual lawsuits related to PFOA contamination for $671 million. However, it appears that they still deny any wrongdoing and fail to take necessary responsibility.

-Today, "PFOA is believed to be in the blood of virtually every living creature on the planet."

-Due to Bilott's unrelentless work, movements across the globe to ban PFOA and investigate other chemicals are emerging.

[1], [7], [14]

References

References

1. Correa, M., & Carnahan, M. M. (2019, December). Dark Waters [Movie]. Netflix.

2. DiGiannantonio, M. (2022, August). It took one lawsuit to expose the toxicity of PFAS. And more than two decades of litigation to begin to address the harm it has caused. Water Finance and Management. https://waterfm.com/a-legal-history-of-pfas/#:~:text=3M%20Corporation%20invented%20PFOA%20in,eight%20carbons%20tied%20to%20fluorine.

3. DuPont duplicity causes defendant’s lawyer to switch sides – LawCash. (n.d.). https://lawcash.com/dupont-duplicity-causes-defendants-lawyer-switch-sides/

4. 3M, DuPont, Nordby, G. L., & Luck, J. M. (1955). For 50 years, polluters knew PFAS chemicals were dangerous but hid risks from public.

5. 12/14/2005: EPA settles PFOA case against DuPont for largest environmental administrative penalty in agency history. (n.d.). https://www.epa.gov/archive/epapages/newsroom_archive/newsreleases/fdcb2f665cac66bb852570d7005d6665.html

6. Gaber, N., Bero, L., & Woodruff, T. J. (2023). The Devil they Knew: Chemical Documents Analysis of Industry Influence on PFAS Science. Annals of Global Health, 89(1). https://doi.org/10.5334/aogh.4013

7. Kandheri, N., & Kandheri, N. (2023, September 27). What is PFOA and Why it is Banned in EU REACH | APA Engineering. APA Engineering |. https://apaengineering.com/compliance-blog/eu-pfoa-ban/#:~:text=On%20May%203rd%202019%2C%20more,Persistent%20Organic%20Pollutants%20(POPs).

8. Phelan, M. (2019, November 22). What’s fact and what’s fiction in dark waters. Slate Magazine. https://slate.com/culture/2019/11/dark-waters-accuracy-fact-vs-fiction-teflon-dupont.html