AFFF Lawsuits Advance: Bellwether Trials on the Horizon as Settlement Talks Intensify
8/26/2025 Update! The AFFF MDL filing deadline is September 5, 2025. This deadline creates a "Filing Facilitation Window" for unfiled cases and was established by the court to encourage the filing of lawsuits related to the AFFF (Aqueous Film-Forming Foam) litigation. While cases can still be filed after this date, they will be subject to stricter procedural requirements and compressed deadlines.
As of August 2025, the AFFF MDL (MDL-2873) has grown to include over 11,000 individual claims
Significant developments continue to unfold in the nationwide legal battle over aqueous film-forming foam (AFFF), with thousands of lawsuits consolidated in a multidistrict litigation (MDL) in the District of South Carolina. Recent months have seen a surge in case filings, crucial court-ordered deadlines, and mounting pressure on defendants to reach a global settlement ahead of the first bellwether trials scheduled for late 2025.
As of August 2025, the AFFF MDL (MDL-2873) has grown to include over 11,000 individual claims. These lawsuits, filed by firefighters, military personnel, and others exposed to the firefighting foam, allege that manufacturers knew for decades that AFFF contains harmful per- and polyfluoroalkyl substances (PFAS) linked to various cancers and other serious health issues, yet failed to warn the public.
A major focus of the litigation is the scheduling of bellwether trials, which are test cases intended to gauge jury reactions and inform potential settlement negotiations. The first of these trials is slated to begin on October 20, 2025, and will focus on claims of kidney cancer. The court has also established a process for selecting additional bellwether cases involving other diseases, such as testicular cancer, thyroid disease, and ulcerative colitis.
In a significant move to streamline the proceedings, the court has categorized the alleged injuries into tiers, with those having the strongest scientific link to PFAS exposure being prioritized. These "Tier 1" injuries currently include:
- Kidney Cancer
- Testicular Cancer
- Liver Cancer
- Ulcerative Colitis
- Thyroid Cancer
- Thyroid Disease
The outcomes of these initial trials could pave the way for a comprehensive settlement agreement. However, there is considerable speculation within the legal community that a global settlement could be reached before the first bellwether trial concludes, driven by the increasing number of lawsuits and mounting scientific evidence supporting the plaintiffs' claims.
Recent scientific studies continue to play a crucial role in the litigation, with ongoing research further solidifying the link between PFAS exposure and various health conditions. In June 2025, the court held a "Science Day" to allow experts from both sides to present their findings on the causal relationship between AFFF and specific cancers, a testament to the scientific complexity of these cases.
While no global settlement has been announced, several major defendants have already entered into agreements to resolve certain related claims. These include multi-billion dollar settlements with public water systems to address PFAS contamination, which, while separate from the personal injury claims, indicate a willingness by some companies to resolve AFFF-related liabilities.
As the litigation progresses, deadlines for submitting evidence and expert reports are being strictly enforced. Plaintiffs' attorneys are urging individuals who believe they have been harmed by AFFF exposure to come forward promptly, as the window for filing a claim may close as a global settlement becomes more likely. The coming months are expected to be critical in determining the trajectory of this widespread and impactful litigation.
Learn more at:
https://www.jasonjoylaw.com/afff-and-pfas
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