Fire Foam Case Updates

Per- and polyfluoroalkyl substances (PFAS) are also known as forever chemicals. These chemicals were used for decades in products such as firefighting foams (AFFF), nonstick cookware, and industrial processes. 

Unfortunately, PFAS are persistent in the environment and bioaccumulative, which means they remain in the environment and PFAS levels gradually build up over time. This is a problem, as PFAS have been linked to cancers as well as damage to the thyroid and the immune system.

The pervasive and damaging effects of PFAS have resulted in litigation both by victims who were made sick and by government officials. Remedies sought in the litigation include:

• Remediation of contaminated soil, water, and other natural resources that were damaged. 
• Compensation to municipalities that must treat public water
• Medical monitoring for exposed individuals
• Compensation for affected victims who were made sick because of exposure

Cases involving affected victims have been consolidated into multidistrict litigation, and there have been many key developments in recent years.  Here are some of the developments to be aware of. 

October 2025 - Expert witness reports have been submitted

The plaintiffs have completed and submitted expert witness reports and the defense deadline for doing the same was October 24, 2025. The schedule for expert witnesses in thyroid and liver cancer cases was updated, and both plaintiffs and defendants were reminded that customary limits on expert discovery apply. 

September 2025 - MDL Grows to over 12,000 cases

The AFFF MDL (MDL No. 2873) has experienced rapid growth with over 12,000 individual lawsuits pending as of September 1, 2025. Many new personal injury claims are being filed as a result of concerns about preserving claims before any potential settlement window closes. 

August 2025 — Case Management Order No. 35: “Filing Facilitation Window” opens

Judge Richard Gergel issued CMO 35, which establishes a 21-day filing window that runs through September 5, 2025. During this filing window, plaintiffs with the six “core conditions” (kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, liver cancer, thyroid cancer) should file their personal injury cases. 

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The order allows a short-form pleading format and makes it possible to file consolidated claims with up to 150 plaintiffs. Diagnosis, exposure, and residence history must be submitted via a portal along with the claims.

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The judge issued this order because many unfiled claims could disrupt settlement negotiations and case management. It functions as a de facto cutoff for many plaintiff claims if they want to participate in expected settlement windows, and forces plaintiffs to gather medical and exposure evidence quickly. 

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Mid-2025 — Bellwether Trial Scheduled for Personal Injury Cases in October 2025

The first personal injury bellwether trial is set to begin with jury selection around October 20, 2025, likely focusing on kidney cancer cases. Judge Gergel has encouraged parties to explore settlements ahead of that date.

August 4, 2025 — Chemours, DuPont, and Corteva settle New Jersey PFAS claims for $875 million

Three chemical manufacturers agreed to pay $875 million over 25 years to the State of New Jersey to settle claims tied to PFAS contamination. The present value of the payments is estimated at about $500 million before taxes. This settlement resolves environmental claims relating to pollution with PFAS, alleged harm to soil and water. 

April 2025 — Case Management Order 26H: Ulcerative Colitis Bellwether Track

Judge Gergel issued CMO 26H, expanding the “Group B” discovery pool for ulcerative colitis claims. Fact discovery was also scheduled to conclude by August 11, 2025, with parties required to select a Tier 2 trial case by July 21, 2025. This order advanced one of the disease-specific bellwether tracks toward trial.

February 2025 — Stays granted in challenges to PFAS rules

The U.S. Court of Appeals for the D.C. Circuit granted 60-day stays in two high-profile challenges to Biden-era PFAS regulations. These rule changes related to the EPA’s maximum contaminant levels (MCLs) for some PFAS under the Safe Drinking Water Act, and designations under CERCLA (hazardous substances). 

September 16, 2022 — Court Denies Government Contractor Defense

Judge Gergel issued a pivotal ruling rejecting 3M and other manufacturers’ government contractor defense. The court found factual disputes over whether federal specifications required PFAS and whether the government was adequately warned of risks. This allowed plaintiffs’ claims to proceed and set the stage for bellwether trials.

September 27, 2018 — Creation of MDL No. 2873 (AFFF MDL)

The Judicial Panel on Multidistrict Litigation (JPML) consolidated numerous federal lawsuits involving PFAS contamination from firefighting foams into MDL 2873, “In re: Aqueous Film-Forming Foams Products Liability Litigation.” The Panel assigned the cases to Judge Richard Gergel in the District of South Carolina. 

At that time, there were dozens of cases across various jurisdictions, and consolidating the cases into an MDL provides for greater efficiency in resolving claims.

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