3M Agrees to Pay Up to $7.35 Billion to Settle AFFF "Forever Chemical" Injury Claims
3M has agreed to pay up to $7.35 billion over nine years to resolve personal-injury claims from people who say PFAS "forever chemicals" from firefighting foam and contaminated drinking water made them sick. The deal, signed November 3, 2026, covers about 115,000 to 120,000 plaintiffs in the federal AFFF litigation (MDL-2873) in South Carolina. It is opt-in, it depends on participation thresholds that remain sealed, and its first large payment is not due until 2028. The next day the court set the first deadline, November 13, and spelled out what happens to anyone who stays out.
What we know
- Signed
- November 3, 2026, between 3M and the plaintiffs' Negotiating Plaintiffs' Counsel, reached through the court-ordered mediation process. The agreement calls itself "a private agreement". It is an opt-in settlement, not a class action.
- The money
- Up to $7.35 billion paid from 2026 through 2034, with a present value of about $5.8 billion. Every amount in the payment schedule is a maximum.
- The core payment
- $6.27 billion in six installments from 2028 to 2033, which 3M ties to the first participation threshold. The other $1.08 billion is a $50 million initial payment plus up to $1.03 billion in reserve, threshold, and bonus payments, each with its own conditions.
- Who is covered
- About 115,000 to 120,000 plaintiffs. 3M says that is about 99% of current personal-injury claims, inside and outside the MDL.
- Qualifying injuries
- Six: kidney, testicular, liver, and thyroid cancer, ulcerative colitis, and thyroid disease.
- First deadline
- Every eligible claimant must be identified to the court by November 13, 2026 under the Identification Order (CMO 39), entered November 4.
- Liability
- 3M admits none and says it is prepared to keep litigating if the agreed terms are not met.
What's still unknown
- The participation percentages
- The thresholds that let either side walk away are in Confidential Exhibit 12, which the parties asked the court on November 3 to file under seal.
- What any one claim is worth
- Awards come from a points system based on the injury and the claimant's PFAS exposure. The Allocation Procedures that set the points and the dollar value of a point were not filed publicly.
- Who else is released
- The release covers 3M, its affiliates, and companies 3M indemnifies, minus a list of excluded companies that has not been made public. No other defendant is named in the public text.
- Turnout gear
- The agreement recognizes drinking-water exposure and "direct" exposure. Whether exposure through firefighter turnout gear scores as direct exposure is not addressed in the public text.
- Exact enrollment dates
- The registration window is counted from the day claimants receive their estimated award tables, which depends on when the final claimant list is certified.
- The November 20 deadlines
- Bellwether and expert deadlines set for November 20, 2026 had not been changed by any order we could find as of November 4. The new stay applies only to claims against 3M.
Key Takeaways
- 3M signed a deal on November 3, 2026 to pay up to $7.35 billion over nine years (about $5.8 billion in present value), the first broad personal-injury resolution in the AFFF MDL
- It covers about 115,000 to 120,000 plaintiffs with one of six injuries: kidney, testicular, liver, or thyroid cancer, ulcerative colitis, or thyroid disease
- It is not final. Payments beyond an initial $50 million depend on sealed participation thresholds, and either side can walk away if they are not met
- The first main payment, $1.045 billion, is due no earlier than January 15, 2028. Nothing is paid in 2027
- November 13, 2026 is the first hard deadline: every eligible claimant must be identified to the court, and lawyers cannot add clients who hire them later
- People who opt out face a new court order (CMO 40): records within 60 days, expert reports within 120 days, or dismissal with prejudice
- Claims against DuPont, Chemours, Corteva, and the other defendants are not settled and are not covered by the new stay
What 3M agreed to
3M announced the agreement on November 3 and filed it with the Securities and Exchange Commission that evening as an exhibit to a Form 8-K. The headline numbers are a $7.35 billion nominal commitment paid between 2026 and 2034 and a present value of $5.8 billion, which is what the future payments are worth in today's dollars. 3M will record a $5.8 billion pre-tax charge in the fourth quarter of 2026, treat it as a special item in its adjusted results, and said the charge does not change its 2026 guidance.
"Up to" is the accurate way to describe the total. The payment schedule attached to the agreement heads its money column "Maximum amount," and it states that all payments other than the initial payment "are contingent on no Party exercising Termination Rights." The agreement adds that "under no circumstances" will 3M or the other released parties be "obligated to pay more than the amounts identified." Plaintiffs' co-lead counsel described the deal the same way, saying 3M "has agreed to pay up to $7.350 billion."
The agreement was signed by 3M and the plaintiffs' Negotiating Plaintiffs' Counsel and was reached, according to 3M's filing, "through the mediation process" the court had ordered. It describes itself as "a private agreement." It is not a class action, so no one is bound unless they choose to join. Each eligible claimant must make an affirmative choice: participate, decline and stop litigating, or decline and keep litigating.
3M Chairman and CEO William Brown called the settlement "a significant milestone for 3M" that "substantially reduces litigation uncertainty." The company admits no liability and said that "if certain agreed settlement terms are not fulfilled, 3M is prepared to continue to defend itself in litigation." Plaintiffs' co-lead counsel said in a statement that "this is the first defendant of many to come to the table."
Where the money goes, year by year
Maximum payments by calendar year from the agreement's payment schedule (Exhibit 11). They add up to exactly $7.35B.
What the $7.35 billion is made of
Six installments of $1.045 billion, 2028 to 2033. 3M’s deck ties it to the first participation threshold.
Up to $680 million in six payments, 2029 to 2034, paid to participating claimants under a sealed formula. 3M owes none of it if CMO 40 stops being in effect.
Two payments of $125 million (2029 and 2030), owed only if the second and third participation thresholds are met.
Two payments of $50 million (2031 and 2032) under sealed conditions. 3M’s deck calls them “payments contingent on future docket.”
Due within 30 days. Administrative costs are paid from it; what is left returns to 3M if either side terminates (MSA 11.1).
Every scheduled payment (17 line items)
| Earliest date | Payment | Maximum | MSA |
|---|---|---|---|
| Within 30 days of settlement | Initial Settlement Payment (administrative costs are paid from it) | $50M | § 11.1 |
| Jan 15, 2028* | Main Settlement Payment, installment 1 of 6 | $1.045B | § 11.2.1 |
| Apr 15, 2029 | Reserve Fund payment 1 (potential) | $34M | § 11.5 |
| Jul 15, 2029 | Main Settlement Payment, installment 2 of 6 | $1.045B | § 11.2.2 |
| Jul 15, 2029 | Second Participation Threshold payment (potential) | $125M | § 11.3.1 |
| Apr 15, 2030 | Reserve Fund payment 2 (potential) | $68M | § 11.5 |
| Jul 15, 2030 | Main Settlement Payment, installment 3 of 6 | $1.045B | § 11.2.3 |
| Jul 15, 2030 | Third Participation Threshold payment (potential) | $125M | § 11.3.2 |
| Jan 15, 2031 | Main Settlement Payment, installment 4 of 6 | $1.045B | § 11.2.4 |
| Apr 15, 2031 | Reserve Fund payment 3 (potential) | $68M | § 11.5 |
| Apr 15, 2031 | Bonus Payment 1 (potential) | $50M | § 11.4.1 |
| Apr 15, 2032 | Reserve Fund payment 4 (potential) | $68M | § 11.5 |
| Apr 15, 2032 | Bonus Payment 2 (potential) | $50M | § 11.4.2 |
| Jul 15, 2032 | Main Settlement Payment, installment 5 of 6 | $1.045B | § 11.2.5 |
| Apr 15, 2033 | Reserve Fund payment 5 (potential) | $102M | § 11.5 |
| Jul 15, 2033 | Main Settlement Payment, installment 6 of 6 | $1.045B | § 11.2.6 |
| Apr 15, 2034 | Reserve Fund payment 6 (potential) | $340M | § 11.5 |
* The first main installment is due January 15, 2028, or 30 days after the parties’ termination rights are exhausted or waived, whichever is later.
Why nothing is paid in 2027. 3M said the schedule is built to line up with what it still owes on earlier settlements. Its investor presentation shows those payments, for public water suppliers, New Jersey, and the Combat Arms earplug litigation, peaking at about $3.1 billion in 2027 and falling to about $0.4 billion by 2033. About 20% of the AFFF money falls in the final two years, 2033 and 2034.
Payments into the fund are not payments to people. 3M pays into a qualified settlement fund. When a given claimant is paid depends on the claims process, liens, and the order the administrators follow, not simply on 3M's installment dates.
Source: 3M Master Settlement Agreement, Exhibit 11 (Payment Schedule), filed as Exhibit 10.1A to 3M's Form 8-K, November 3, 2026; 3M investor presentation, November 4, 2026.
Who is eligible
An eligible claimant is someone with a PFAS personal-injury claim that asserts one of six "Eligible Injuries" and exposure to PFAS. It does not matter whether the claim "has been filed or served in the MDL Court or any other court, or has been tolled." The agreement says the MDL "involves over 15,000 cases," including about 115,000 to 120,000 plaintiffs asserting these injuries.
Only these six. The plaintiffs' leadership "determined at the time of CMO 28, and the NPC reaffirms as of the Settlement Date, that the only such conditions/diseases are the Eligible Injuries." Conditions sometimes linked to PFAS in public health literature, such as high cholesterol or pregnancy-related conditions, are not eligible injuries under this agreement.
Two ways to show exposure. Claims are scored on exposure through drinking water, which the agreement says can come from "either a public water system or a private well," or through direct exposure, meaning exposure by some other means, such as firefighters and others who handled AFFF.
Property alone does not qualify. A property or business damage claim counts only when it accompanies a personal-injury claim for an eligible injury. A property claim "brought by a plaintiff who does not also assert a PFAS PI Claim involving an Eligible Injury" is outside the settlement.
The list closes after November 13. "Under no circumstances may a PI Counsel amend their ID Order Response to include any plaintiff who retained the PI Counsel after the ID Order Response Date." Eligible claimants who are not on the final list "may participate in the Settlement only if the NPC and 3M both consent."
How individual awards will be set
Awards are not equal shares. Under the agreement, each participant's award "shall be determined by evaluation of" two things: the "diagnosis of an Eligible Injury" and "exposure to PFAS via Drinking Water Exposure or Direct Exposure." A claims administrator scores each claim, and the score is converted to dollars. The scoring rules, called the Allocation Procedures, were not filed with the SEC.
Before anyone decides, each claimant receives an estimated award table. Those estimates assume "the only funds available are the Main Settlement Payment" and that every eligible claimant participates ("100% participation"). Once awards are final, appeals are limited to "substantive errors" in scoring. A participant "may not appeal" because the award is "insufficient in amount" or lower than the estimate.
Distributions are also subject to the MDL's 9% common-benefit assessment (inclusive of costs), attorney fees, and any health-care liens, such as Medicare or Medicaid. A separate Extraordinary Needs Fund gives participants a chance at payments in addition to their main award.
On per-person figures you may see elsewhere
We do not publish per-claimant estimates, because no verified source has published them. Dividing $7.35 billion by 115,000 to 120,000 plaintiffs produces an arithmetic average, not an offer. It ignores that the total is a maximum, that awards are scored by injury and exposure, and that fees, the common-benefit assessment, and liens come out before a claimant is paid.
The participation test, and who can walk away
The deal only becomes fully binding if enough people join. The agreement measures participation two ways: an Overall Participation Rate across all eligible claimants, and a Specific Participation Rate focused on participants with kidney or testicular cancer who also qualify for higher exposure scoring. The required percentages are in Confidential Exhibit 12, which the parties asked the court to seal on November 3.
3M may terminate "in its sole discretion" if the conditions in that exhibit are met, and it must decide "within forty-five (45) days" of receiving the participation numbers. Plaintiffs' negotiating counsel has its own termination right, and 3M owes no main payment until that right is waived or expires. Participation is counted quarterly until the parties stop the count or December 15, 2029, whichever comes first.
For claimants, joining is a one-way door. The election "once executed and submitted" is "binding and irrevocable," participants waive any right to punitive damages, and each one signs a full release of PFAS-related claims and a stipulated dismissal with prejudice, which the claims administrator holds in escrow. If 3M does terminate, the cases against 3M stay paused while the parties mediate for up to 75 days. If that fails, "3M shall have no further obligation," and the administrator "shall destroy all executed Releases and Stipulated Dismissals With Prejudice."
The agreement also puts obligations on the lawyers. Firms with clients in the deal must "endeavor to recommend the Settlement to 100%" of those clients, and "will cease advertising or marketing for PFAS PI Claims as of the Settlement Date, including taking down any advertising or marketing" that predates it.
If you don't join: Case Management Order 40
3M's announcement referred to an "anticipated MDL court order establishing evidentiary and timing requirements." Judge Gergel signed it the next day. CMO 40 applies to identified claimants who decline the settlement and to anyone whose PFAS personal-injury case against 3M is filed in or transferred to the MDL on or after November 4, 2026. The court calls them "Litigating Plaintiffs."
To file a new complaint after electing not to settle, or after the case arrives in the MDL.
The "Production Period": required records and information, plus a statute of limitations declaration "sworn to under penalty of perjury."
Expert reports supporting "general causation and specific causation." "Form or template expert reports are not permitted," and experts must disclose any use of generative AI.
After a 30-day cure period, the court "absent good cause, will dismiss that Litigating Plaintiff's claims with prejudice" on 3M's motion.
- •Stay as to 3M. Apart from these procedures, "all proceedings in this MDL in cases asserting a personal injury claim against 3M are hereby stayed as to 3M." The stay "does not apply to any claims asserted against any other defendants."
- •Late filers. Cases filed after November 13, 2026 that were not identified must include a certification from counsel about the client's retention.
- •Duration. The order "will remain in effect for at least 9 years."
- •Linked to the money. 3M owes nothing from the $680 million Reserve Fund "if the AFFF MDL has been terminated or if anticipated CMO 40 (governing non-settling plaintiffs) is no longer in effect."
Source: Case Management Order No. 40, In re: Aqueous Film-Forming Foams Products Liability Litigation, No. 2:18-mn-2873-RMG (D.S.C. Nov. 4, 2026); MSA § 11.5.1.
What the settlement does not cover
Other defendants. The public agreement does not name DuPont, Chemours, Corteva, Tyco, BASF, or any other defendant, and the new stay applies only to claims against 3M. The release does extend to 3M's affiliates and to "persons and entities that are indemnified by 3M in connection with any PFAS Claim," minus a list of excluded companies (Exhibit 9) that has not been made public. DuPont said in its quarterly report, filed November 3, that there were "approximately 13,700 personal injury cases filed in the AFFF MDL" as of September 30 and that it "continues to engage in discussions with a mediator." 3M told investors it expects the MDL "to shift its next focus away from 3M."
Water systems. Public water suppliers' contamination claims were handled in separate settlements: 3M's $10.3 billion deal in 2023 and DuPont, Chemours, and Corteva's $1.185 billion deal the same year.
Turnout gear purchasers. The separate MDL-3191 in Minnesota involves economic claims by buyers of firefighter turnout gear. It is not mentioned in the agreement, and those purchaser claims are not personal-injury claims.
Conditions outside the six. Claims based only on other health conditions are not eligible injuries under this deal.
Reading the numbers: 15,270 cases, 115,000 plaintiffs
The Judicial Panel on Multidistrict Litigation's November 2, 2026 report lists 15,270 pending actions in MDL-2873 (19,846 total). That is the number we track each month. It counts lawsuits, not people. As 3M explained in its October quarterly report, "many personal injury cases, both inside and outside the AFFF MDL, include multiple plaintiffs, so the number of plaintiffs asserting AFFF-related claims is substantially higher." The settlement's 115,000 to 120,000 figure counts plaintiffs. The JPML count also includes non-injury cases, such as water-provider and government claims.
How this fits 3M's PFAS bill
3M framed the deal as the next step after two earlier PFAS settlements. In 2023, it agreed to the $10.3 billion public water supplier settlement. In May 2025 it agreed to pay New Jersey up to $450 million, a deal that received final court approval in August 2026. The personal-injury deal now addresses what 3M called "approximately 99% of current personal injury claims inside and outside the AFFF MDL." 3M said it met its goal of discontinuing PFAS manufacturing worldwide by the end of 2025.
How the AFFF litigation reached this point, and what comes next
What it means if you have a case
If you already have a lawyer and a diagnosis on the list, your lawyer must identify you to the court by November 13. You will receive an estimated award table and then decide whether to participate. Ask your lawyer how your injury and exposure history are likely to be scored, and what fees, the 9% common-benefit assessment, and any liens will mean for what you take home.
If you have a qualifying diagnosis but no lawyer, the November 13 identification deadline is the one that matters. CMO 39 has a separate declaration process for people without a lawyer, and after the deadline a claimant who is not on the final list can join only if both 3M and plaintiffs' negotiating counsel agree. A licensed attorney can tell you quickly whether your situation fits.
If you are thinking about declining, CMO 40 is the trade-off: records in 60 days, expert reports in 120 days, a sworn statute of limitations declaration, and dismissal with prejudice for missing them. Those are demanding requirements for an individual case.
If your condition is not one of the six, or your only claim is property damage, this settlement does not cover you. Claims against other AFFF defendants continue on their own track.
Frequently asked questions
How much is the 3M AFFF personal injury settlement?
Which injuries qualify for the 3M AFFF settlement?
How much will each person get from the 3M settlement?
Is the 3M AFFF settlement final?
What is the November 13, 2026 deadline?
What happens if I do not join the 3M settlement?
Does the settlement resolve claims against DuPont, Chemours, Corteva, or other AFFF defendants?
Can I still file an AFFF lawsuit after the 3M settlement?
When will 3M settlement payments be made?
Does the 3M settlement cover property damage or water contamination claims?
Full case background and eligibility
For the complete AFFF litigation overview, including the health science, the water-provider settlements, monthly case counts, and the settlement tracker, visit our MDL-2873 hub.
Sources
- • 3M Company, Form 8-K (Items 1.01 and 8.01), filed November 3, 2026.
- • Master Settlement Agreement between 3M Company and the Negotiating Plaintiffs' Counsel, dated November 3, 2026 (Exhibit 10.1 to the Form 8-K).
- • Exhibit 11, Payment Schedule to the Master Settlement Agreement (Exhibit 10.1A to the Form 8-K).
- • 3M, "3M Reaches Broad Resolution of AFFF Personal Injury Litigation," press release (November 3, 2026).
- • 3M, "AFFF MDL Personal Injury Settlement," investor presentation (November 4, 2026).
- • Case Management Order No. 39 (Identification Order), ECF No. 11962, MDL No. 2:18-mn-2873-RMG (D.S.C. Nov. 4, 2026).
- • Case Management Order No. 40, ECF No. 11964, MDL No. 2:18-mn-2873-RMG (D.S.C. Nov. 4, 2026).
- • Joint motion to file Confidential Exhibit 12 under seal, ECF No. 11959 (D.S.C. Nov. 3, 2026).
- • 3M Company, Form 10-Q for the quarter ended September 30, 2026 (October 20, 2026).
- • DuPont de Nemours, Form 10-Q for the quarter ended September 30, 2026 (November 3, 2026).
- • Reuters, "3M commits $7.35 billion to settle 'forever chemicals'-related claims" (November 3, 2026).
- • Plaintiffs' co-lead counsel, statement on the 3M PFAS personal-injury settlement (November 3, 2026).
- • Judicial Panel on Multidistrict Litigation, MDL Statistics Report, November 2, 2026: MDL-2873, 15,270 pending, 19,846 total.
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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.