AFFF Firefighting Foam lawsuit Updates
Judge Gergel Urges Immediate Settlement in AFFF MDL Ahead of October Bellwether Trial
At Friday’s status conference, Judge Richard Gergel directed defendants—including 3M, DuPont, BASF, and Johnson Controls—to urgently settle personal injury claims in the AFFF multidistrict litigation (MDL 2873) before the first bellwether trial begins in October 2025. This trial will address kidney cancer claims linked to PFAS exposure, with subsequent cases covering thyroid disease and other illnesses. Over 10,000 cases remain pending for personal injury, environmental damage, and property claims. The court emphasized settlement urgency, citing defendants’ growing financial risks and prior $13+ billion settlements with water systems. Plaintiffs’ attorneys anticipate a comprehensive resolution this summer.
Court Establishes Key Deadlines for AFFF Bellwether Trial, Sets October 2025 Start Date
Judge Gergel has issued a scheduling order outlining the roadmap for the first AFFF-related kidney cancer bellwether trial. While the court has yet to select which plaintiff (Donnelly, Speers, or Voelker) will proceed first, the order sets firm deadlines applicable to all three cases. The trial is slated to begin with jury selection on October 20, 2025, with pretrial briefs due by October 3 and a readiness conference on October 16. The order mandates strict coordination between parties, including juror questionnaires, deposition designations, and a limit of 500 core exhibits. It also requires advance disclosure of demonstratives to prevent last-minute surprises. This structured approach signals the court’s intent to ensure a fair, efficient trial. With key pretrial milestones now in place, plaintiffs’ attorneys must finalize evidence and refine trial strategies ahead of the October trial date—unless a global settlement intervenes.
Court Sets Key Deadlines for First AFFF Bellwether Trial, Targeting October 2025 Start
Judge Gergel issued a scheduling order outlining the roadmap for the first personal injury bellwether trial in the AFFF MDL, involving kidney cancer claims. While the court has yet to select which plaintiff (Donnelly, Speers, or Voelker) will proceed first, the order establishes firm deadlines applicable to all three cases. This signals the MDL’s shift from pretrial proceedings to trial preparation, with jury selection set for October 20, 2025. The order imposes strict timelines for voir dire proposals, deposition designations, exhibit exchanges (up to 500 core exhibits), and juror questionnaires—emphasizing organization and transparency. Pretrial briefs are due by October 3, followed by a readiness conference on October 16. Judge Gergel’s structured approach minimizes surprises, urging both sides to refine arguments and evidence ahead of trial. Unless a global settlement occurs, this case will test key issues—including scientific evidence and corporate accountability—before a jury.
New Study Links Elevated PFAS Levels in Firefighters
A recent study of nearly 2,000 Arizona frontline workers (2020-2023) found firefighters had significantly higher blood serum levels of PFAS chemicals - including PFHxS, PFOS, and PFHpS - compared to other essential workers. These compounds are directly tied to Aqueous Film-Forming Foam (AFFF) used in firefighting. The research, published in [Journal Name], controlled for demographic factors and confirmed firefighters' unique occupational exposure. Healthcare workers also showed elevated levels of other PFAS compounds. These findings provide strong epidemiological support for plaintiffs' claims in AFFF litigation, demonstrating measurable, job-related PFAS accumulation that manufacturers cannot easily dispute. The study strengthens causation arguments by showing current exposure patterns mirror historical AFFF use. Courts may view this as compelling evidence linking PFAS exposure to firefighting activities.
High Level Of PFAS In FirefightersAbout the AFFF Lawsuit
You may have heard about the AFFF foam lawsuit that has reached headlines. AFFF, or aqueous film-forming foam, is widely used by fire departments, military service, and Navy personnel, and in other various industries for its effectiveness in extinguishing fuel fires. There have been recent concerns about a possible link between AFFF exposure and various dangerous health conditions, including life-threatening cancers. It's important to understand how you may qualify for the AFFF lawsuit if the product has harmed you or a loved one and you would like to participate in the class action lawsuit.
AFFF is Linked to Various Health Conditions
Several serious health issues have already been associated with AFFF exposure. Among these concerns is the connection to certain types of cancer. AFFF exposure, particularly to its main component, PFAS (per- and poly-fluoroalkyl substances), has been linked to an increased risk of developing cancers such as kidney cancer, testicular cancer, and others. Research has increasingly focused on how PFAS contribute to these illnesses, due to their resilience to naturally break down in the environment and the human body.
Who Qualifies for the AFFF Lawsuit?
There are specific criteria you must meet to potentially qualify for the AFFF lawsuit. These requirements include:
1) Occupational Requirement: You must have been a civilian, Navy, or military firefighter, or you must have been exposed to or used AFFF on the job or during training. All Navy personnel are considered military firefighters for the purposes of this lawsuit.
2) Timing of Diagnosis: Your diagnosis must have occurred at least six months after your initial AFFF exposure.
3) You must have been diagnosed with one of the following health conditions:
- Kidney Cancer
- Testicular Cancer
- Thyroid Cancer
- Ulcerative Colitis
- Liver Cancer
- Thyroid Disease (Hypo and Hyperthyroidism, Hashimoto's Disease)
If you do not have a valid cancer diagnosis from your doctor but have been experiencing health issues due to AFFF exposure, you may still be able to be included in the AFFF lawsuit. Additionally, you must not currently be represented by an attorney for AFFF exposure symptoms to partake in the AFFF lawsuit.
If you meet the above requirements, you may be entitled to compensation. We encourage you to seek legal advice to determine your eligibility. Various factors impact eligibility, and all cases are unique.
What is the Focus of the AFFF Lawsuit?
AFFF lawsuits have been filed against the manufacturers of AFFF foam across the United States. Plaintiffs allege that AFFF exposure has caused them to develop serious health conditions, including various types of cancer. The lawsuit claims that the manufacturers, including 3M, DuPont, Chemours, and others, knew about the health risks associated with the forever chemicals in AFFF but failed to adequately warn users. These companies are accused of concealing the potential dangers, not maintaining strict safety standards, and failing to reformulate their products to make them safer for consumers and the environment.
Who is the Lawsuit for?
The AFFF lawsuit is intended for individuals who have been exposed to AFFF foam and have subsequently been diagnosed with a pre-qualifying illness. This includes civilian, Navy, and military firefighters who have used AFFF in the line of duty, as well as other personnel who were exposed to the foam during training or industrial use. The AFFF lawsuit aims to provide a path to justice and compensation for those affected by the harmful chemicals in the product, supporting them in their fight against the health issues they have endured due to their exposure.
How Much Compensation Should You Expect?
Determining the exact settlement amounts in the AFFF foam lawsuit can be challenging due to the unique factors involved in each case. However, there have been some significant case settlements that forecast individual compensations:
Significant Settlements and Trials
Municipal Water Treatment Cases: In December 2023, 3M and DuPont agreed to a $10.3 billion settlement to resolve cases related to PFAS contamination from AFFF. The City of Stuart reached a tentative settlement with 3M for $10 billion over water contamination claims. This settlement aims to address the extensive environmental damage and health risks caused by PFAS chemicals found in AFFF. This settlement is still pending final approval.
Johnson Controls Settlement: In January 2021, Johnson Controls paid $17.5 million to settle a class action lawsuit involving about 1,200 Wisconsin residents affected by PFAS contamination from AFFF.
While exact amounts can vary, the settlements in the AFFF lawsuit are expected to be substantial, reflecting the serious health risks and extensive AFFF exposure symptoms suffered by many plaintiffs. If you or a loved one were exposed to AFFF and developed health issues, we can get you in contact with an attorney in our network who may be able to help you understand your potential compensation and the steps needed to join the litigation.
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