September 2025 Update
As of September 2, 2025, there are 12,915 lawsuits pending in the Aqueous Film-Forming Foam (AFFF) multidistrict litigation (MDL No. 2873). In addition, it has been reported that more than 114,000 individuals have made personal injury claims connected to AFFF exposure — with 30,000 of those claims filed in just the past 30 days. This surge reflects both the growing awareness of PFAS-related health risks and speculation that settlement talks may soon move forward.
Why These Lawsuits Matter
AFFF has PFAS chemicals (“forever chemicals”) that persist in the environment and accumulate in the body. Research has linked PFAS exposure to serious health problems, including:
- Kidney cancer
- Testicular cancer
- Thyroid disease
- Ulcerative colitis
- Other long-term illnesses
The individuals most at risk include firefighters, military personnel, and airport workers who handled firefighting foam, as well as communities whose drinking water was contaminated. Therefore, public water systems have been testing for these chemicals and filing cost recovery lawsuits against the responsible chemical companies, including 3M and DuPont.
The Litigation So Far
All federal AFFF cases are joined before Judge Richard Gergel in the U.S. District Court for the District of South Carolina. The MDL includes governmental claims by municipalities, airports, and public water systems seeking cleanup costs for contaminated water supplies.
In December 2023, the court selected 25 bellwether cases to evaluate the strength of individual claims. These plaintiffs were exposed to AFFF at military and municipal airports. The first bellwether trial—focused on kidney cancer—is scheduled for October 2025.
Settlements Already Reached
In 2023, global settlements resolved many municipal water contamination claims against companies like 3M and DuPont. Currently, drinking water systems that qualify as Phase Two settling claimants have time to make claims to the $12+ billion fund. Additionally, BASF and Tyco settled with public water systems. To qualify for the BASF and Tyco PFAS public water settlements, a public water system must have found PFAS in its drinking water sources by May 15, 2024. However, the deadline to apply was on April 8, 2025. This means that public water systems that were not part of the BASF and Tyco class action settlement should consider whether to file a PFAS cost recovery suit against these defendants.
What’s Next?
Lawyers watching this litigation expect to see more settlements with other classes of plaintiffs and defendants. Airports, Fire training facilities, and other properties have filed claims that will require cleanup and resolution of filed claims. Please send your questions or comments to mail@stagliuzza.com and visit our website stagliuzza.com for more articles on this litigation.
