MDL 2873 Update: Firefighting Foam Cases, No Injury Settlement Yet
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MDL 2873 is the federal firefighting-foam (AFFF) litigation in South Carolina before Judge Richard M. Gergel. As of October 1, 2026 it holds 15,264 pending cases. The big news in 2026 is not a payout: defendants moved to dismiss thousands of plaintiffs for missing medical records, and no injury trial is on the calendar. The billion-dollar settlements you may have read about pay water utilities, not people.
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What the Lawsuits Say
Aqueous film-forming foam (AFFF) was used to put out fuel fires at military bases, airports and industrial sites. Per the court’s own summary, plaintiffs allege that foams containing PFOA and/or PFOS — two PFAS “forever chemicals” — contaminated groundwater near those sites. The claims cover personal injury, medical monitoring, property damage and other economic losses.
The personal-injury cases focus on six conditions: kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, liver cancer and thyroid cancer. Plaintiffs are mostly firefighters, military personnel, airport workers and people who drank contaminated water. The manufacturers deny the claims. For the background on the foam itself, see our AFFF firefighting foam lawsuit page.
Case Details
In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873, master docket No. 2:18-mn-2873, U.S. District Court for the District of South Carolina, before Judge Richard M. Gergel. Per Drugwatch, the Judicial Panel on Multidistrict Litigation combined 75 lawsuits on December 7, 2018. The court’s first case management order followed on January 2, 2019.
The JPML report of October 1, 2026 lists 15,264 actions pending and 19,840 filed since the start. Official orders are posted on the court’s MDL 2873 page; the latest listed is CMO 38 (ECF 9598).
Status as of October 2026: Dismissal Fights, No Trial Date
Three things define this mdl 2873 update:
1. Records purge. CMO 37 (February 25, 2026) lets defendants seek dismissal of plaintiffs who have not produced fact sheets or medical and exposure proof. Per a legal-industry summary of Law.com reporting, defendants filed motions in June 2026 against more than 8,000 plaintiffs, then more than 10,000 more.
2. A special master. According to a law-firm summary of the order, Judge Gergel appointed Margaret Seymour on June 15, 2026 to review the dismissal motions and report within 90 days. We could not confirm from the docket whether that report has been filed.
3. No trial. The first injury bellwether, set for October 20, 2025, was vacated, and as of mid-2026 no new trial date has been set.
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Who Is Part of MDL 2873
Only people who have filed their own lawsuit are in the injury track. MDL 2873 is not a class action for individuals — there is no class to join and no form to send in.
In August 2025 the court ran a 21-day “filing facilitation window” under CMO 35, ending September 5, 2025, for cases alleging the six core conditions. One plaintiffs’ firm reported 37,446 new claims in a single week ahead of that date. That window has closed. No court order we found sets a new filing deadline, but statutes of limitation still run on unfiled claims.
Already a plaintiff? Ask your lawyer whether your medical and exposure records were uploaded. Under CMO 37, missing records are the main reason cases are being challenged.
Who Has Been Paid So Far
Injured people: nothing yet. As of October 2026 there is no global personal-injury settlement, no fund, no administrator and no claim form. Some law firms have predicted a 2026 deal, but none had been announced as of October 8, 2026. No court has valued an individual kidney-cancer or thyroid claim, and any figure you see online is an estimate, not a settlement term.
MDL 2873 Timeline
- 1
December 7, 2018 — The MDL Is Created
The JPML centralizes 75 firefighting-foam lawsuits in the District of South Carolina before Judge Richard M. Gergel.
- 2
July 1, 2024 — 3M Water Payments Begin
3M starts funding its $10.5 billion to $12.5 billion public water system settlement, scheduled to run to April 15, 2036.
- 3
September 5, 2025 — Filing Window Closes
CMO 35’s 21-day window for the six core conditions ends. The October 20, 2025 bellwether trial is taken off the calendar.
- 4
February 25, 2026 — CMO 37 Records Rule
Plaintiffs missing fact sheets or medical and exposure proof can face dismissal motions after a short cure period.
- 5
June 2026 — Mass Dismissal Motions
Defendants target more than 8,000, then more than 10,000 additional plaintiffs. Margaret Seymour is appointed on June 15, 2026 to review them.
- 6
October 1, 2026 — 15,264 Cases Pending
The JPML count shows 15,264 pending actions. No injury settlement, no trial date and no claim form for individuals.
Three Things to Watch For
Billion-dollar headlines plus thousands of anxious plaintiffs make this case a magnet for misleading pitches:
“Claim your share of the 3M PFAS settlement”
The 3M and DuPont settlements pay public water systems. A household cannot file a claim in them. A site asking you for your Social Security number to “release your water settlement money” is collecting data, not filing anything.
“Last chance to join the AFFF class action”
There is no injury class and no class sign-up. The court’s filing window closed September 5, 2025. An ad inventing a deadline is marketing; the only real limit is your state’s statute of limitations, which a lawyer you choose can check.
Calls saying your case will be dismissed unless you pay
The CMO 37 dismissal motions are real, which makes this script believable. Fixing missing records is your own lawyer’s job. Call the firm on the number in your retainer, not one a caller gives you, and never pay a stranger to “save” a case.
MDL 2873 — Questions People Actually Ask
What is MDL 2873?
It is In re: Aqueous Film-Forming Foams Products Liability Litigation, the federal multidistrict litigation over PFAS in firefighting foam. It sits in the District of South Carolina before Judge Richard M. Gergel, master docket 2:18-mn-2873.
How many cases are in MDL 2873?
15,264 pending actions per the JPML report of October 1, 2026, and 19,840 filed since the MDL began. The count was 15,246 in August 2026, so it has barely moved.
Is there an AFFF personal-injury settlement?
No. As of October 2026 there is no global settlement for injury claims, no fund and no claim form. The water-system settlements with 3M and DuPont do not compensate individuals.
When is the next AFFF trial?
None is scheduled. The first injury bellwether, set for October 20, 2025, was vacated, and no replacement date had been set as of mid-2026.
Why are thousands of AFFF cases facing dismissal?
Under CMO 37 (February 25, 2026), plaintiffs must provide fact sheets and medical and exposure documentation. Defendants moved in June 2026 to dismiss plaintiffs who had not, reportedly more than 8,000 and then more than 10,000 more. A special master is reviewing those motions; dismissals under that process are generally without prejudice at first.
Can I still file an AFFF lawsuit?
The court’s CMO 35 filing window closed September 5, 2025, and we found no order setting a new one. Some firms now take kidney cancer cases only. Whether you can still sue depends on your diagnosis date and your state’s statute of limitations — a question for a licensed attorney.
Is the turnout gear lawsuit part of MDL 2873?
No. Claims about PFAS in firefighters’ protective gear were centralized separately as MDL 3191 in the District of Minnesota on August 18, 2026, before Judge Jeffrey M. Bryan. The panel declined to fold them into the foam MDL. See our PFAS lawsuit update for the wider picture.
Where can I check MDL 2873 orders myself?
The District of South Carolina posts case management orders on its MDL 2873 orders page. Pending-case counts appear in the JPML’s monthly statistics reports.
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.
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