Per- and polyfluoroalkyl substances (PFAS) are synthetic chemicals commonly used in industrial and consumer products due to their water, heat, and grease-resistant properties. Commonly known as “forever chemicals,” PFAS can last for thousands of years and can accumulate in the human body over time. Exposure to PFAS has been linked to serious health conditions including kidney cancer, liver cancer, testicular cancer, and ulcerative colitis.

Water Contamination vs. Firefighting Foam vs. Drinking Water Personal Injury Lawsuits

There are currently thousands of lawsuits pending against PFAS manufacturers. These lawsuits are divided into three major categories: water contamination, firefighting foam, and drinking water personal injury. Although all three types of lawsuit are part of the multidistrict litigation (MDL) in South Carolina under the same judge, they differ in terms of legal arguments, plaintiffs, and settlement progress:

  • Water Provider Lawsuits: Filed mainly by municipalities and water providers claiming that PFAS have contaminated their drinking water systems. These lawsuits have already resulted in major settlements to be used to fund water filtration systems, environmental monitoring, and remediation.
  • Firefighting Foam Lawsuits: Filed mainly by or on behalf of firefighters exposed to PFAS in aqueous film-forming foam (AFFF). This category of firefighting foams has been widely used for military, industrial and civilian applications.
  • Drinking Water Personal Injury Lawsuits: Filed mainly by individuals claiming to have developed cancer as a result of drinking PFAS-contaminated public water supplies. The cases primarily target PFAS and AFFF manufacturers, but may also name a public water utility as a defendant.

PFAS Mass Tort Frequently Asked Questions (FAQ)

What is the PFAS MDL?

This multidistrict litigation (MDL) is formally known as the Aqueous Film-Forming Foams (AFFF) Products Liability Litigation, MDL No. 2873. The MDL process has consolidated similar cases involving varied causes of action and claims related to PFAS under one federal court. The purpose is to streamline legal proceedings and settlement negotiations.

What are the Water Contamination Lawsuits?

PFAS water contamination lawsuits have been filed mainly by municipalities and public water systems. The four main sources of PFAS water contamination are: fire training/response sites, industrial sites that manufactured or used PFAS, landfills, and wastewater treatment plants.

Several PFAS manufacturers have already reached historic settlements in these lawsuits, including:

  • $316.5 million settlement from BASF (May 2024)
  • $750 million settlement from Tyco Fire Products, a subsidiary of Johnson Controls (April 2024)
  • $10.3 billion settlement from 3M (June 2023)
  • $1.19 billion settlement from Dupont, Chemours, and Corteva (June 2023)

What are the Firefighting Foam (AFFF) Lawsuits?

Aqueous film-forming foam (AFFF) has been in use since the 1960s in firefighting, training exercises, and emergency response. Repeated handling of the foam has directly exposed firefighters and first responders to PFAS at far higher concentrations than the general public. Plaintiffs in these lawsuits allege that manufacturers of AFFF failed to warn about severe health risks caused by PFAS, despite knowledge of the dangers.

What are the Drinking Water Personal Injury Lawsuits?

The plaintiffs in PFAS drinking water personal injury lawsuits allege that they developed cancer from public drinking water supplies contaminated by PFAS. This category could expand to include companies that discharged PFAS-containing effluent into waterways that fed public water supplies.

Where is the PFAS MDL located?

The Judicial Panel selected the District of South Carolina as the venue for this MDL.

Who is the PFAS MDL judge?

The PFAS MDL cases have been assigned to Judge Richard M. Gergel.

When is the first PFAS MDL bellwether trial?

The first bellwether trial is set for October 2025.

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