Introduction
The AFFF (Aqueous Film-Forming Foam) lawsuit has emerged as one of the most significant environmental and occupational health litigations in the United States. At the heart of the litigation are claims that PFAS chemicals—known as “forever chemicals”—used in firefighting foam have caused devastating health effects, particularly among firefighters, military personnel, and civilians exposed to contaminated groundwater. The foam, widely used for decades in training and emergency response, is now the center of thousands of legal claims citing cancer diagnoses, organ damage, and long-term environmental pollution.
With MDL No. 2873 centralized in the District of South Carolina, new settlement agreements, court decisions, and scientific disclosures are driving momentum. For law firms handling AFFF claims, staying informed on the evolving legal, medical, and procedural aspects is essential to successfully advocate for clients.
Latest AFFF Lawsuit Timeline and Legal Updates
April 2023: MDL Surpasses 6,000 Active Cases
The AFFF MDL, overseen by Judge Richard Gergel, surpassed 6,000 active lawsuits in the federal docket. These claims range from personal injury to environmental contamination and wrongful death. Plaintiffs include individuals, municipalities, and private water utilities.
July 2023: DuPont, Chemours, and Corteva Agree to $1.19 Billion Settlement
In a major step forward, chemical manufacturers DuPont, Chemours, and Corteva agreed to a $1.19 billion settlement to resolve lawsuits from public water systems that had been contaminated with PFAS chemicals due to AFFF usage.
September 2023: 3M’s $10.3 Billion Settlement Proposal
3M proposed a $10.3 billion settlement spread over 13 years to resolve municipal water claims linked to PFAS exposure. This settlement, once finalized, will be one of the largest in environmental class action history.
December 2023: Bellwether Trial Delayed
Judge Gergel postponed the first bellwether trial, originally set to assess water contamination claims, to accommodate settlement negotiations. This delay allows time for refining the scope of personal injury claims and settlement frameworks.
February 2024: New Discovery Phase Begins
The court opened a new wave of discovery, focusing on personal injury cases—particularly plaintiffs diagnosed with testicular, kidney, and bladder cancers. This move signaled the shift in MDL strategy from public contamination to individual harm.
May 2024: States Push for Environmental Claims
Multiple U.S. states filed motions to establish separate environmental claims against foam manufacturers, alleging long-term ecosystem damage, soil degradation, and wildlife exposure—compounding liability concerns for defendants.
June 2025 Scientific Focus Intensifies
A “Science Day” was held in June 2025 to educate the court on PFAS links to liver and thyroid cancer, with expert testimony informing the scope of future bellwether trials.
October 2025 – Bellwether Trial Scheduled
The first personal injury bellwether trial is scheduled to begin October 20, 2025, focusing on a kidney cancer claim. The outcome could significantly influence future settlement frameworks.
What is the AFFF Lawsuit About?
The AFFF lawsuit alleges that firefighting foam manufacturers failed to:
- Warn about known health risks of PFAS exposure
- Properly disclose the environmental and occupational impact of long-term use
- Take timely action to reformulate or recall contaminated products
What Are PFAS Chemicals?
PFAS (per- and polyfluoroalkyl substances) are synthetic chemicals used to repel water and resist heat. AFFF foam contains PFAS compounds such as PFOA and PFOS, which are bioaccumulative, meaning they persist in the body and environment for decades. Studies have shown that PFAS exposure is linked to:
- Immune system suppression
- Hormonal imbalances
- Elevated cholesterol
- Various cancers, including kidney, testicular, and bladder cancer
Who Can File an AFFF Lawsuit?
To qualify for an AFFF lawsuit, plaintiffs must meet certain exposure and health criteria. Eligible individuals often include:
1. Firefighters
- Municipal, volunteer, airport-based, and industrial firefighters
- Regular AFFF exposure during training or suppression activities
2. Military Personnel
- Individuals exposed to AFFF during service in the Army, Navy, Air Force, Marines, or Coast Guard
- Exposure at training facilities, fire suppression drills, or crash response zones
3. Residents Near Contaminated Zones
- People living near military bases, airports, or industrial sites where AFFF runoff has entered water systems
4. Industrial Workers
Individuals employed in manufacturing, refinery, or aviation sectors who regularly handled AFFF products
AFFF Lawsuit Eligibility Criteria
To file an AFFF lawsuit, a claimant must demonstrate:
- Documented exposure to firefighting foam containing PFAS
- Medical diagnosis of a qualifying illness
- Linkage between diagnosis and exposure timeline
- No prior settlement acceptance from foam manufacturers for the same injury
Qualifying Diagnoses Include:
- Testicular cancer
- Kidney cancer
- Bladder cancer
- Pancreatic cancer
- Liver disease
- Other chronic PFAS-related conditions (e.g., ulcerative colitis, thyroid dysfunction)
Wrongful Death Claims
Family members may file wrongful death suits if a loved one passed away from PFAS-related illnesses and meets eligibility criteria.
AFFF Settlements & Compensation: What Law Firms Should Expect
Municipal & Environmental Settlements (Confirmed):
- 3M: $10.3 billion over 13 years for water treatment systems
- DuPont/Chemours/Corteva: $1.19 billion for PFAS remediation in public water
These settlements address community water contamination, not individual health claims.
Personal Injury Settlements (Expected):
While no personal injury class-wide settlement has been finalized as of mid-2024, law firms anticipate:
- $50,000–$100,000 for less severe health conditions
- $150,000–$350,000+ for cancer cases with strong medical documentation
- $500,000+ for complex claims involving multiple conditions or wrongful death
Final figures will be influenced by bellwether outcomes, exposure duration, age and health, and proof of causation.
How Long Will AFFF Lawsuits Take to Resolve?
Based on current litigation pace:
- Environmental settlements are progressing (municipalities, utilities)
- Personal injury lawsuits are expected to take 2 to 4 years, with bellwether trials potentially starting in late October 2025
Key timeline drivers:
- Completion of personal injury discovery
- Medical expert reviews and causation reports
- Status of global negotiations or tiered settlement programs
How Trivent Legal Supports Law Firms with AFFF Litigation
Trivent Legal provides litigation-ready documentation services to law firms handling AFFF claims. With expertise in mass torts, we streamline the legal process from intake to trial preparation through the following services:
1. Medical Chronologies
- Precise summaries connecting PFAS exposure timelines to medical diagnoses
- Highlights of disease onset, treatment milestones, and ongoing care needs
2. Exposure Analysis Reports
- Timelines tracing residence history, military service, or firefighting employment
- Integration of exposure site databases and EPA water monitoring records
3. Medical Record Retrieval
- HIPAA-compliant retrieval of records from oncologists, hospitals, labs, and VA systems
- Custom indexing by diagnosis and treatment event
4. Future Cost Projections
- Reports estimating long-term medical costs, lost income, and life care needs
- Tailored for settlement demand packages and trial exhibits
5. Claimant Intake Support
- Early eligibility screening using:
- Military service verification
- Fire department records
- Environmental proximity mapping
Trivent Legal ensures each case is well-supported, clearly documented, and ready for mediation or litigation. Our work reduces overhead for legal teams while enhancing claim value and credibility.
FAQs: AFFF Lawsuits for Firefighting Foam Exposure
What cancers are linked to PFAS in AFFF foam?
- Testicular cancer
- Kidney cancer
- Bladder cancer
- Pancreatic cancer
- Liver disease
- Some links to prostate cancer and thyroid dysfunction
Is there a class action for AFFF lawsuits?
No single class action, but AFFF claims are centralized under MDL 2873, which functions similarly by consolidating discovery and rulings while allowing individualized outcomes based on medical and exposure details.
Can I still file a claim in 2025?
Yes. The MDL is open to new plaintiffs. Law firms are actively onboarding firefighters, military veterans, and civilians with qualifying medical diagnoses and PFAS exposure history.
How are law firms compensated in AFFF cases?
Most work on a contingency fee basis, earning a percentage (typically 30–40%) of the settlement or award.
What documentation is needed?
To build a strong case, clients should provide:
- Proof of exposure (employment, military, or residential records)
- Medical records (diagnosis, treatment, pathology)
- Supporting evidence (testimony, water reports, service history)
Conclusion
The AFFF lawsuit marks a pivotal chapter in the fight for environmental accountability and justice for those harmed by decades of unchecked chemical exposure. While major environmental settlements have been reached, the path for personal injury claims is just beginning. For law firms, the opportunity lies in presenting clear, well-documented cases that withstand scrutiny in court or settlement negotiations.
Trivent Legal is proud to support attorneys nationwide with reliable, expert-driven litigation documentation tailored to PFAS injury claims. Our services empower law firms to act with speed, confidence, and medical precision ensuring every claimant’s voice is heard.