The Aqueous Film-Forming Foam (AFFF) multidistrict litigation (MDL) continues to evolve rapidly, with major updates that impact case eligibility, expert strategy, and PFAS-related injury claims. Recent court orders issued by Judge Richard M. Gergel bring clarity for attorneys evaluating injury claims. Significantly, Judge Gergel set the first personal injury bellwether trial to begin in October 2025.
Case Volume and Growing Public Awareness
The MDL saw a significant surge in April 2025, with over 500 new cases added—bringing the total to 9,342 as of May 1. This growth highlights rising public concern over PFAS exposure, particularly among firefighters and military personnel. In fact, the Clerk of Court is reporting challenges keeping up with the number of newly filed cases.
Six Qualifying PFAS-Related Injuries
The Plaintiff Executive Committee (PEC) has confirmed that only six specific medical conditions are currently being pursued in the AFFF MDL due to PFAS exposure:
- Kidney Cancer
- Testicular Cancer
- Ulcerative Colitis
- Thyroid Disease
- Liver Cancer
- Thyroid Cancer
These injuries are the focus of expert development, bellwether trial preparation, and potential settlement discussions. Claims involving other conditions continue to be dismissed under Case Management Order No. 28, with more than 19,000 non-qualifying cases removed from the MDL. Kidney cancer will be the subject of the first bellwether trial.
Expert Disclosure Schedule and Science Day
A new expert timeline has been issued for thyroid and liver cancer cases:
- July 11 – Plaintiffs’ expert reports due
- August 22 – Defendants’ expert reports due
- September 5 – Rebuttal reports (if any)
- September 12 – Deadline to propose deposition and Daubert briefing schedules
Additionally, Science Day has been rescheduled to June 20, 2025, focusing on scientific evidence linking AFFF and PFAS exposure to cancer risk.
How Law Firms Can Respond
Firms handling AFFF litigation should now:
- Screen claims for the six confirmed injuries
- Align expert strategy with court deadlines
- Focus on evidence from designated AFFF use sites
Contact us to learn how we can support your firm’s pursuit of justice—and help ensure no AFFF exposure victim is left behind.
