Environmental MDL-2873 Actively Recruiting District of South Carolina

AFFF Firefighting Foam Lawsuit (PFAS "Forever Chemicals")

This massive environmental contamination litigation involves PFAS chemicals from firefighting foam that have contaminated drinking water supplies across America. Tens of thousands of plaintiffs—including firefighters, military personnel, and communities near contaminated sites—are seeking compensation for cancer and other serious health conditions.

Last Updated: May 1, 2026
18 min read
JPML Data Verified
6 sources cited

Key Takeaways

  • Over 15,220 cases pending as of May 2026 with 99% growth
  • $11.5+ billion in settlements reached with major manufacturers
  • PFAS chemicals classified as carcinogenic (Group 1) by IARC in November 2023
  • Firefighters, military personnel, and contaminated communities are primary plaintiffs
  • EPA set drinking water limit at 4 parts per trillion in 2024

May 2026 Updates Latest

15,232 cases pending (19,797 total) — modest net growth as new personal injury filings continue alongside ongoing water contamination dismissals. Plaintiffs' and defendants' leadership teams remain extended through May 2026 as Judge Richard Gergel keeps the existing structure in place while the second bellwether pool advances. The previously scheduled October 2025 bellwether remains off-calendar, with the next personal-injury trial date still being negotiated. CMO 37 compliance reviews continue to trigger cure-period letters and dismissals for plaintiffs missing required fact sheets.

No personal injury settlements have been reached, but attorneys widely expect a global personal-injury resolution in 2026 or 2027 once bellwether outcomes start to come in. The selected 28 personal injury bellwether cases — 8 kidney cancer, 8 testicular cancer, 8 thyroid disease, and 4 ulcerative colitis — continue through case-specific discovery. Water-contamination settlements totaling $12.2B+ (including the DuPont/Chemours $1.185B public water suppliers fund) remain finally approved, and individual personal-injury claims are still projected at $200,000–$1,000,000+ depending on injury severity.

15,232
Pending Actions
$11.5B+
Total Settlements
Group 1
IARC Cancer Rating (PFOA)
4 ppt
EPA Max Limit (2024)

Key Facts (May 2026)

Pending Actions 15,232+ cases in federal MDL
Total Settlements $11.5 billion+ (3M, DuPont/Chemours)
3M Settlement $10.3 billion over 13 years (2023)
IARC Classification Group 1: Carcinogenic to humans (PFOA)
EPA Drinking Water Limit 4 parts per trillion (PFOA/PFOS)
Presiding Judge Hon. Richard M. Gergel (D.S.C.)
MDL Created December 2018
Personal Injury Claims Still actively being filed

November 2023: PFOA Classified as "Carcinogenic to Humans"

The World Health Organization's International Agency for Research on Cancer (IARC) upgraded PFOA to Group 1 (carcinogenic to humans)—the highest classification—based on sufficient evidence for cancer in experimental animals and strong mechanistic evidence in humans. This is the same classification as asbestos and tobacco.

Source: IARC Monographs Volume 135, December 2023

Explosive Case Growth

One of the fastest-growing environmental MDLs. Case count has more than doubled in 2025, surging 100% as water contamination claims continue to be filed nationwide.

Jan 25
7,633
Feb 25
8,092
Mar 25
8,430
Apr 25
8,928
May 25
9,342
Jun 25
10,391
Jul 25
11,096
Aug 25
12,064
Sep 25
12,915
Oct 25
13,942
Nov 25
15,249
Dec 25
15,334
Jan 26
15,213
Feb 26
15,216
Mar 26
15,220
Apr 26
15,222
May 26
15,232

Source: JPML MDL Statistics Reports, January 2025-May 2026

1 Understanding PFAS: The "Forever Chemicals"

PFAS (per- and polyfluoroalkyl substances) are a group of manufactured chemicals that have been used since the 1940s. They're called "forever chemicals" because the carbon-fluorine bonds that make them so effective also make them nearly indestructible—they don't break down in the environment and can accumulate in your body over time.

AFFF (Aqueous Film-Forming Foam) is a firefighting foam specifically designed to extinguish fuel-based fires. According to the EPA, AFFFs containing PFAS have been used at airports, shipyards, military bases, firefighting training facilities, chemical plants, and refineries for decades.

Key PFAS Compounds in AFFF

PFOA Perfluorooctanoic acid – Group 1 Carcinogen
PFOS Perfluorooctane sulfonic acid – Widely used in AFFFs
PFHxS Perfluorohexane sulfonic acid
PFNA Perfluorononanoic acid

Source: CDC/ATSDR ToxFAQs for Perfluoroalkyls

2 Proven Health Effects of PFAS Exposure

Multiple government health agencies have confirmed that PFAS exposure causes serious health problems. Here's what the science shows:

Cancer Links (IARC/EPA/NCI Confirmed)

Kidney Cancer
PFOA linked (NCI)
Testicular Cancer
PFOA linked (NCI)
Prostate Cancer
Increased risk (EPA)

Sources: IARC Monographs Vol. 135; NCI Cancer Trends Progress Report; EPA PFAS Health Understanding

From EPA Studies

  • Decreased fertility in women
  • High blood pressure in pregnant women
  • Developmental delays in children
  • Hormone interference
  • Increased cholesterol/obesity risk

From CDC/ATSDR (July 2025)

  • Changes in liver enzymes
  • Lower antibody response to vaccines
  • Pregnancy-induced hypertension
  • Preeclampsia
  • Small decreases in birth weight

Immune System Damage (NTP Finding)

In 2016, the National Toxicology Program concluded that both PFOA and PFOS are "presumed to be an immune hazard to humans" based on high-level evidence from animal studies showing suppressed antibody response and moderate evidence from human studies.

Source: NTP Monograph on Immunotoxicity, September 2016

3 Who Has Been Exposed to PFAS?

Firefighters

According to IARC, firefighters face particularly high exposure through direct use of AFFF during training exercises and emergency response. Both inhalation and skin contact are exposure routes.

  • • Airport firefighters
  • • Military firefighters
  • • Municipal firefighters
  • • Industrial firefighters

Military Personnel

AFFF was extensively used at military bases for fire training and aircraft emergencies. The CDC/ATSDR is currently conducting exposure assessments at communities near military installations.

  • • Air Force base personnel
  • • Naval base workers
  • • Army base firefighters
  • • Coast Guard personnel

Communities Near Contaminated Sites

PFAS have contaminated groundwater and drinking water supplies near locations where AFFF was used. The main exposure pathway for the general public is drinking contaminated water.

  • • Near military bases
  • • Near airports
  • • Near refineries
  • • Near training facilities

Industrial Workers

Workers at PFAS manufacturing facilities, those using PFAS in production, and waste management workers handling PFAS-contaminated materials face occupational exposure.

4 The Litigation: MDL-2873

Case Number
2:18-mn-02873-RMG
Presiding Judge
Hon. Richard M. Gergel
Court
U.S. District Court, District of South Carolina
MDL Created
December 2018

The Judicial Panel on Multidistrict Litigation consolidated AFFF cases in South Carolina because they share common questions about whether PFAS-containing firefighting foams contaminated groundwater and caused harm to people and communities.

Jan 2019
Court issued first Case Management Order establishing procedures
Feb 2019
Initial status conference to structure plaintiff and defendant leadership
Jun 2023
3M announces $10.3 billion settlement with water utilities
Nov 2023
IARC upgrades PFOA to Group 1 carcinogen classification
Apr 2024
EPA finalizes drinking water standards at 4 ppt for PFOA/PFOS

5 Major Settlements

$10.3 Billion 3M Company (2023)

3M agreed to pay $10.3 billion over 13 years to settle claims from public water systems. This is one of the largest environmental settlements in U.S. history and will help fund water treatment and remediation efforts.

$1.185 Billion DuPont/Chemours/Corteva (2023)

DuPont, Chemours, and Corteva agreed to pay $1.185 billion to settle water contamination claims from municipalities and water districts.

Important: These settlements primarily resolved claims from water utilities. Personal injury claims from individuals diagnosed with cancer and other health conditions are still being actively litigated.

6 EPA Drinking Water Standards (April 2024)

In April 2024, the EPA finalized the first-ever national drinking water standards for PFAS. These regulations set strict limits and require action by water systems.

Maximum Contaminant Levels (MCLs)

Compound Goal (MCLG) Enforceable Limit
PFOA Zero 4.0 parts per trillion
PFOS Zero 4.0 parts per trillion
PFHxS 10 ppt 10 parts per trillion
PFNA 10 ppt 10 parts per trillion
GenX (HFPO-DA) 10 ppt 10 parts per trillion

Source: EPA Safe Drinking Water Act PFAS Regulations, April 2024

By 2027

Public water systems must complete initial PFAS monitoring

By 2029

Treatment solutions must be implemented if levels exceed MCLs

7 Do You Qualify for Compensation?

You may be eligible to file a claim if you have documented PFAS exposure AND have been diagnosed with a linked health condition.

Exposure Evidence Needed

  • Used AFFF as a firefighter or military personnel
  • Lived or worked near a military base, airport, or industrial facility using AFFF
  • Drank water from a contaminated municipal supply or private well
  • Blood tests showing elevated PFAS levels

Qualifying Diagnoses

• Kidney cancer
• Testicular cancer
• Thyroid disease
• Ulcerative colitis
• High cholesterol
• Liver damage
• Pregnancy complications
• Immune system disorders

Medical Testing: In July 2022, the National Academies of Sciences recommended that doctors offer PFAS blood testing to patients with likely elevated exposure history. Ask your doctor about testing if you believe you've been exposed.

8 Frequently Asked Questions

How do I know if my water is contaminated with PFAS?
Contact your local water utility and ask for PFAS test results. Under the new EPA regulations, all public water systems must complete PFAS testing by 2027 and report results. Private well owners can have water tested through certified laboratories. You can also check the EPA's PFAS contamination maps or EWG's Tap Water Database for known contamination sites.
Do I need a cancer diagnosis to file a claim?
For personal injury claims, you typically need a diagnosis of a PFAS-linked condition such as kidney cancer, testicular cancer, thyroid disease, or ulcerative colitis. Water utilities and property owners can file claims based on contamination requiring remediation, even without personal health effects.
I'm a firefighter—am I eligible?
Firefighters who used AFFF during training or fire suppression are among the most affected groups. If you've been diagnosed with cancer or another PFAS-linked condition, you may have a strong case. IARC has specifically identified firefighters as having "particularly high exposure" to PFAS from foam use.
What does the IARC Group 1 classification mean?
Group 1 is IARC's highest classification, meaning there is sufficient evidence that PFOA causes cancer in humans. This is the same classification given to asbestos, tobacco smoke, and benzene. The 2023 upgrade from Group 2B significantly strengthens the scientific basis for cancer claims.
Did the $10.3 billion settlement resolve all claims?
No. The 3M settlement resolved claims from public water systems for remediation costs. Personal injury claims from individuals who developed cancer or other diseases from PFAS exposure are separate and are still being actively litigated. New cases continue to be filed.
Can I get a blood test for PFAS?
Yes. The National Academies of Sciences has recommended that clinicians offer PFAS blood testing to patients with likely elevated exposure history. Talk to your doctor about testing, particularly if you're a firefighter, military veteran, or have lived near a known contamination site. Some states have programs providing free testing to affected communities.

Sources & References

6 official sources cited

• EPA: "Our Current Understanding of the Human Health and Environmental Risks of PFAS"

• CDC/ATSDR: "PFAS and Your Health" (Updated July 2025)

• IARC Monographs Volume 135 (December 2023)

• National Cancer Institute: Cancer Trends Progress Report

• National Toxicology Program: Monograph on Immunotoxicity (2016)

• EPA Safe Drinking Water Act PFAS Regulations (April 2024)

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Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.

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