Retired firefighter settles lawsuit for denied cancer benefits

Former Marion County firefighter Phillip Shinn has settled a lawsuit against the county after being denied health benefits related to cancer [Professional Firefighters of Marion County].

Three months after Marion County expanded its benefits for firefighters diagnosed with cancer, retired Lt. Phillip Shinn has settled his lawsuit claiming he was wrongfully denied health benefits while battling the disease.

In August, current and former Marion County Fire Rescue firefighters became eligible to receive medical benefits for cancer treatment, regardless of their enrollment in the county-sponsored health plan.

While this expansion helped overturn two other outstanding claims from firefighters of wrongful denial of benefits, Shinn continued to pursue legal action against the county for the denial of his cancer benefits after his 2016 retirement.

Shinn has now come to a settlement with Marion County and will no longer be pursuing legal action.

“While I am disappointed that my benefits were at risk due to a wording issue, I am grateful my union fought for me and future firefighters. It was a sign of good faith that the board saw fit to expand the benefits for MCFR members, and I hope they continue on that path,” Shinn said.

Cancer benefits for firefighters are secured by Florida State Statute, enacted in 2019, to compensate firefighters with a one-time payment of $25,000 and for their out-of-pocket medical costs. To receive these benefits, the current or retired firefighter must have been employed for at least five years and be on the employer’s health plan.

Shinn served as a firefighter in Marion County for 22 years, starting in 1994. After retiring from Marion County Fire Rescue in February 2016, Shinn was diagnosed with multiple myeloma in August 2022. Although Shinn had been retired from the department and aged out of its health insurance, he meets all the requirements for health benefits as a retired firefighter diagnosed with cancer.

While multiple myeloma is a rare form of cancer affecting fewer than 200,000 Americans per year, firefighters are at a 53% increased risk of developing multiple myeloma due to exposure from carcinogens, according to the Firefighter Cancer Support Network.

A summary judgment hearing for Shinn’s case was held at 3 p.m. on Oct. 28 before Circuit Judge Gary Sanders. The case was previously heard by Circuit Judge Steven Rodgers, who recused himself from the case in April.

Shinn was supported by the Professional Firefighters of Marion County union, which retains attorney James R. Spears, who represented Shinn. Shinn is currently president emeritus of the union.

“I am grateful for the commitment shown by my union to the lawsuit, myself, my spouse, and all members of MCFR past, present, and future. With this court case settled, I can now focus on my physical fight against cancer,” Shinn said.

After the county expanded its benefits past the state’s requirements, firefighters will now be able to secure a one-time payout of $25,000 to assist with out-of-pocket expenses related to fighting cancer.

MCFR personnel will also now have two sets of equipment each, after the county spent over $600,000 to purchase bunker gear, the personal protective equipment used by firefighters in the field. The coat and pants sets are flame and heat-resistant.

Having two sets of bunker gear per person will allow firefighters to change out of their dirtied gear after responding to a fire, minimizing the first responders’ exposure to potentially toxic chemicals and carcinogens.

“Recent studies have shown that all three layers of firefighter turnout gear contain Per and Polyfluoroalkyl Substances (PFAS), a class of fluorinated chemicals known as ‘forever chemicals,’ linked to cancer and other serious health effects. These studies highlight the risks associated with the materials and finishes used in turnout gear even before it is exposed to its first fire,” according to the International Association of Firefighters.