The ongoing multidistrict litigation (MDL 2873) over Aqueous Film-Forming Foam (AFFF) has entered an unprecedented phase. Between August and September 2025, more than 37,000 new personal-injury cases were filed in the U.S. District Court for the District of South Carolina, bringing total active cases to over 17,000. The lawsuits allege that chemical manufacturers, including 3M, DuPont, and Chemours, knowingly released per- and polyfluoroalkyl substances (PFAS) that contaminated groundwater and exposed communities and firefighters to toxic “forever chemicals.”
Key Developments in the PFAS MDL
- Massive Expansion of Claims: The September 2025 filing wave followed new federal drinking-water standards issued by the EPA earlier that year, spurring municipalities, firefighters, and residents to act before statutes of limitation expired.
- Bellwether Delay: The first personal-injury bellwether trial, originally set for October 2025, has been postponed while the court requests additional expert disclosures and updated causation data.
- Complex Science at Issue: Plaintiffs must link chronic PFAS exposure to diseases such as kidney cancer and thyroid disorders. Courts are preparing for extensive Daubert hearings on toxicology and epidemiology.
- Settlement Outlook: 3M’s prior $10.3 billion public-water-system settlement did not resolve individual health claims. With the MDL’s explosive growth, global personal-injury settlement talks are expected to accelerate in 2026.
What Lawyers Should Watch
For plaintiffs’ attorneys, early expert coordination will be critical to withstand admissibility challenges and maintain leadership credibility.
For defense counsel, the focus will be on refining exposure modeling, leveraging Rule 702 amendments, and preparing sampling-based valuation frameworks.
Across the bar, practitioners should anticipate new procedural discipline under Federal Rule 16.1—effective December 1 2025—which codifies MDL case-management requirements for the first time.
Implications for the Legal Community
The PFAS litigation represents a convergence of environmental regulation, toxic-tort science, and procedural reform. With billions of dollars in potential exposure, it is poised to become one of the largest mass-tort settlements in U.S. history and a model for future environmental-health MDLs.
Join the Legal Effort
Blue Sky Legal is actively monitoring the PFAS/AFFF MDL and providing analytical support to firms involved in environmental and toxic-tort litigation. If your practice is litigating, or considering joining, the PFAS firefighting-foam cases, connect with our Litigation Intelligence team for strategic insights, expert-development resources, and coordination opportunities.
Together, we can help shape the evolving landscape of environmental accountability and mass-tort justice.
