AFFF Firefighting Foam Lawsuit: 15,246 Cases Pending — and Still No Settlement for the Sick
The largest active product-liability MDL you have probably never seen a claim form for. Billions were paid to settle water-contamination claims by public utilities — but firefighters and service members with cancer have not been paid a cent through any global deal.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Allege
Aqueous film-forming foam (AFFF) has been used for decades to extinguish fuel fires — on military bases, at airports and in municipal fire training. It contains PFAS (per- and polyfluoroalkyl substances), so-called “forever chemicals” that resist breaking down in the environment or the human body. Plaintiffs allege that manufacturers including 3M, DuPont and related entities knew for decades that PFAS were toxic and bioaccumulative and failed to warn the firefighters, military personnel and communities most exposed to them. The claims split into two very different groups: water-contamination claims brought by public water systems, and personal-injury claims brought by people who developed cancer. That distinction is the single most important thing to understand about this litigation.
Case Details
MDL No. 2873, In re: Aqueous Film-Forming Foam Products Liability Litigation, U.S. District Court for the District of South Carolina, before Judge Richard M. Gergel. The official JPML census dated August 3, 2026 lists 15,246 pending actions — making it one of the largest active product-liability MDLs in the United States, behind only talc and hernia mesh. Cases continue to be filed and transferred in.
Current Status — Verified August 22, 2026
Who May Have a Case
Two things have to line up: documented exposure and a qualifying diagnosis. Exposure typically means work as a firefighter (municipal, airport/ARFF, industrial), military service involving AFFF (Navy, Air Force and base firefighting in particular), chemical-plant work where PFAS were made or handled, or long-term residence near a base or airport with documented PFAS water contamination. On diagnosis, the court's case-management order in this MDL narrowed the personal-injury track to a defined set of cancers — kidney cancer and testicular cancer are the two most firmly established, with several additional conditions also recognized. Because the qualifying list is court-defined and has changed over the life of the MDL, whether a specific diagnosis qualifies today is a question for an attorney, not a website.
What This Could Pay (Honest Answer)
Case Timeline
- 1
December 2018: MDL 2873 is created
The JPML centralizes AFFF cases in the District of South Carolina before Judge Richard M. Gergel — covering both water-contamination and personal-injury claims.
- 2
2023–2024: The water-utility settlements
3M and DuPont-related entities settle claims brought by public water systems for billions. These resolve drinking-water treatment costs — not the personal-injury claims, a distinction routinely blurred in headlines.
- 3
October 2025: The kidney-cancer bellwether is vacated
The first personal-injury bellwether trial is taken off the calendar and, as of today, has not been rescheduled — leaving the injury track without a trial date.
- 4
August 3, 2026: 15,246 cases pending
The JPML census confirms the scale: one of the largest active product-liability dockets in the country, still growing.
- 5
What's next
The events that would move this litigation are a rescheduled bellwether trial and any negotiation of a personal-injury settlement framework. Neither has been announced. We update this page when either happens.
AFFF Scams and Misleading Claims
Multi-billion-dollar headlines plus a sick, motivated audience is the ideal setup for bad actors.
“Claim your share of the $12.5 billion 3M settlement”
That money went to public water systems for water treatment. There is no individual claim form attached to it. Any site inviting a firefighter to “claim their share” of that fund is misrepresenting what it was.
“Guaranteed $300,000 for AFFF exposure”
No settlement matrix exists for personal-injury claims, so no honest source can guarantee any figure. Specific numbers this early are lead-generation bait.
“Free PFAS blood test — just confirm your details”
PFAS blood testing exists and can be clinically appropriate, but unsolicited offers tied to a settlement claim are usually data collection. Talk to your own doctor about whether testing makes sense; your exposure history and diagnosis records are what matter legally.
AFFF Firefighting Foam Lawsuit FAQs
Is there an AFFF settlement I can claim?
Not for personal injury. The multi-billion-dollar 3M and DuPont settlements of 2023–2024 resolved claims by public water systems over drinking-water contamination. The personal-injury claims of firefighters, service members and residents are still in active litigation with 15,246 cases pending as of August 3, 2026.
Which cancers qualify?
Kidney cancer and testicular cancer are the most firmly established in this MDL, and the court's case-management order recognizes a defined set of additional conditions. Because that list is court-defined and has evolved, an attorney should check your specific diagnosis against the current order.
I was a firefighter but never handled foam directly — does that matter?
Exposure in these cases is not limited to spraying foam. Turnout gear, training grounds, station water supplies and equipment handling have all featured in exposure evidence. What matters is building a documented exposure history — service records, station assignments, training logs.
Why has this been going on since 2018 without a trial?
The water-contamination track consumed years and settled first. The personal-injury track had a bellwether set for October 2025 that was vacated and not rescheduled. Long timelines are normal in MDLs of this size, but this one has been unusually slow to produce an injury verdict.
Does a VA disability rating help or hurt my case?
A VA presumptive rating and a civil claim against manufacturers are separate tracks — one is a government benefit, the other a product-liability lawsuit. VA records can be useful documentation of exposure and diagnosis, but eligibility for one says nothing definitive about the other.
Is there a deadline?
Yes — state statutes of limitations apply, and they typically run from diagnosis or from when the connection to exposure could reasonably have been discovered. There is no single national AFFF deadline, which is exactly why waiting is risky.
What documents should I gather?
Employment and service records showing where and when you worked, pathology reports and the date of diagnosis, treatment records, and anything documenting AFFF use at your station or base. Exposure documentation is usually harder to reconstruct later than medical records.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.