The State of New Hampshire Has Disbursed Over $223 Million in State and Federal Funds to Combat PFAS Contamination~5 min read

The State of New Hampshire has disbursed over $223 million in state and federal funds
to combat PFAS contamination in recent years. Most of this money has been allocated towards water testing, infrastructure, and remediation, with some going to research. However, none of the money is currently being allocated to directly assist people who have been injured by PFAS with costs that are related to health issues stemming from PFAS exposure.

Humans can be exposed to PFAS in a variety of ways. Much of the PFAS contamination
in NH stems from contaminated water. However, these chemicals can also be found in soil,
manufacturing or chemical processing facilities, food or food packaging, and household or
personal care products. Humans can also be exposed to PFAS by eating contaminated foods, drinking contaminated water, breathing air containing PFAS, or using products made from PFAS or packaged in materials made from PFAS. PFAS have been in widespread use since the 1940’s and are present in many different sources because they are extremely difficult to break down, earning them the moniker “forever chemicals.”

The New Hampshire legislature decided to approach the issue of blood testing for PFAS
by requiring major health insurance carriers in NH to provide coverage for PFAS blood tests,
provided the test is recommended by a physician. To its credit, the New Hampshire legislature was one of few in the country to take this measure. However, it does not entirely close the gap. Health insurance plans which are short-term limited duration plans, or non-major medical carriers are generally exempt from the statute. Further, a person without health insurance would have to pay out of pocket for testing costs, which are estimated to be $300-$600.

Our neighbors in Maine have taken a different approach. The State of Maine has decided
to allocate more than $1,000,000 from their PFAS Fund to cover the cost of blood testing for
impacted citizens. There are eligibility criteria connected to the program which require
participants to have lived or worked within specific areas that the state has identified as having contaminated water or soil through testing. Maine has also taken the program a step further. They have proactively notified specific residents that they are presumptuously eligible for free blood testing due to their location.

In addition to Maine, six other states are participating in federal grant programs which
offer free testing to people who live in communities at high risk of exposure. New Mexico
temporarily allocated money to allow for residents in an area identified as contaminated to access free testing, but that program has since ended. New York also temporarily offered a program which allowed residents of an area which had been identified as contaminated to access free testing which ended in early 2025.

It is clear that access to testing was a priority for the lawmakers in NH. However, the
problem has not been entirely solved with the passing of the statute requiring insurance coverage by major carriers. Testing remains inaccessible to those with certain kinds of insurance or those who are uninsured. One way to ensure that these groups have the same access to their health information as everyone else is to allow open access to PFAS blood testing

Unfortunately, PFAS exposure has commonly been linked to the development of cancers
in adults who have been exposed to the chemicals through groundwater. The State of NH has been active in seeking compensation from companies that have contributed to the PFAS groundwater epidemic. They are in the process of obtaining multi-million dollar settlements from companies like 3M, BASF and TYCO. The State has received over $35,000,000 in payments from these settlements to date, and additional payments are due through 2033. However, there remains concern about these funds going to those who have lost loved ones to exposure to PFAS that have caused early onset cancers.

Personal injury actions stemming from PFAS exposure are pending in multi-district
federal court litigation. They have been divided into categories for case management purposes. A bellwether program for the federal claims was established in May 2023, and restricted the claims to two drinking sites at Peterson Air Force Base/Colorado Springs, Municipal Airport and Naval Air Station Joint Reserve Base Willow Grove/Naval Air Warfare Center Warminster. Later proceedings have narrowed the working pool through the tiered selection process, and a kidney cancer bellwether trial was scheduled for October 20, 2025. This was vacated after the court became aware of a large number of unfiled cases, many of which may not be vetted. This federal order required all Plaintiffs’ Executive Committee members to file their personal injury cases alleging one or more of six “Listed Claims:” kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, liver cancer, and thyroid cancer. Presently, there remains no specific trial date for this bellwether trial.

The delays in the litigation and the lack of funding going directly to people who have
become ill from PFAS exposure underscore a major concern in these cases that the majority of the funding is going to identifying PFAS and treating the groundwater issue directly. It is still not clear whether those that have been devastated by these chemicals through the development of cancer will receive any form of relief. NH did expand the statute of limitations on these cases under RSA 458-H:12 when a person discovers or should have reasonably discovered they were injured by PFAS chemicals. Given the devastating consequences of PFAS exposure, this leaves Plaintiffs with the fear of possibly getting limited or no relief despite being exposed to these forever chemicals. The hope is through this litigation process that Plaintiffs can seek justice for the impact these forever chemicals have had on them and their families, but questions remain about whether any complete relief will happen for them.

If you need help with a pending claim, contact the attorneys at PMM Lawyers.