AFFF/PFAS Litigation Update: Massive Case Filings Delay Trials, But Settlement Pressure Mounts

The Aqueous Film-Forming Foam (AFFF) Products Liability Litigation, consolidated as MDL 2873 in the U.S. District Court for the District of South Carolina, remains a high-stakes, rapidly evolving mass tort. This litigation, which targets manufacturers like 3M, DuPont, and Tyco over the use of PFAS "forever chemicals" in firefighting foam, is currently dominated by two key developments: a staggering surge in new case filings and the resulting pause on bellwether trials.

📈 The Case Count Explosion: Over 15,000 Claims

The most significant recent change is the sheer scale of the litigation.

• Massive Growth: As of late 2025, the AFFF MDL has grown dramatically, with over 15,200 individual personal injury lawsuits now consolidated in federal court. This number does not include the thousands of cases filed in state courts across the country.

• The Filing Frenzy: This surge was largely triggered by a court-ordered deadline earlier in the year, which led to a historic influx of new cases—far exceeding what the court or the parties had anticipated.

This rapid growth underscores the widespread nature of AFFF exposure among firefighters, military service members, and residents near contaminated water sources.

⏳ Bellwether Trial Delayed to Address Surge

The immediate consequence of the massive influx of new cases has been the delay of the first personal injury bellwether trial.

• Trial Paused: The first bellwether trial, which was set to focus on claims of kidney cancer allegedly linked to AFFF exposure, was originally scheduled for October 2025 but has been vacated.

• Court Rationale: The presiding judge, Hon. Richard M. Gergel, is prioritizing the orderly management and vetting of the tens of thousands of newly filed claims. The court must ensure that each case meets the necessary standards of medical and exposure proof before a test trial proceeds.

• Focus on Discovery: The court has, however, kept the discovery process moving for cases involving other key conditions, such as ulcerative colitis, and expert report deadlines for liver and thyroid cancer cases remain on the calendar, indicating a continued push to prepare for trials or settlement.

While the delay is frustrating for plaintiffs awaiting their day in court, the immense volume of cases now pending puts extraordinary pressure on the defendants to seek a global resolution.

If you have a claim, the time to act is now!