MDL Track
MDL 2873
D.S.C.
Aqueous film-forming foams (AFFF) products liability
15,220 pending
Environmental · firefighting foam contamination claims tied to PFAS exposure
Defendant
3M Company
MDL / Track
MDL 2873
D.S.C.
Judge
Judge Richard M. Gergel
Plaintiffs
15,200+ pending
Bellwether / Trial
No verdicts yet
Settlement Status
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Case overview
MDL 2873 (In re: Aqueous Film-Forming Foams (AFFF) Products Liability Litigation) before Judge Richard Gergel in the District of South Carolina has grown to over 15,000 personal injury cases as of late 2025, with a surge of over 37,000 new claims following a September 5, 2025 filing deadline. The MDL consolidates suits against 3M, DuPont, Chemours, Tyco Fire Products, BASF, and 50+ other manufacturers alleging decades-long concealment of PFAS toxicity in firefighting foam. Nine bellwether trials originally scheduled for October 2025 have been postponed; the court has identified six core compensable conditions: kidney cancer, testicular cancer, liver cancer, prostate cancer, thyroid disease, and ulcerative colitis.
Causation Theory
AFFF contains per- and polyfluoroalkyl substances (PFAS), including PFOA and PFOS, which bioaccumulate in human tissue and resist environmental degradation. A 2022 study in the Journal of Occupational and Environmental Medicine (Kafkoutsou et al., JOEM 64(5):e340-e344) demonstrated that commercial AFFF formulations cause dose-dependent cytotoxicity and decreased proliferation in human kidney cells (HEK-293) at concentrations 10-fold below working firefighting dilutions. Internal 3M documents from 1978 meeting minutes acknowledge PFOA and PFOS "should be regarded as toxic," and a 1978 rhesus monkey study was aborted after 20 days due to mortality in exposed animals. The EPA has stated there is evidence that PFAS exposure leads to adverse health outcomes in humans.
Case Management Orders
Litigation status
MDL 2873 remains centralized before Judge Richard M. Gergel in the District of South Carolina. The October 2025 kidney-cancer bellwether was vacated by Case Management Order No. 35 (Aug. 15, 2025), which imposed a 21-day filing/verification window to standardize proofs for new cases. Science Day proceedings for thyroid disease were held June 20, 2025. The court continues vetting the influx of filings and aligning Daubert schedules before resetting bellwethers.
MDL Track
MDL 2873
D.S.C.
Aqueous film-forming foams (AFFF) products liability
15,220 pending
State Court Activity
New Jersey $875M PFAS settlement with Chemours, DuPont, Corteva announced August 2025 (payments begin January 2026); 3M $450M New Jersey settlement May 2025
MDL 2873 Leadership
Plaintiff Leadership
Co-Lead Counsel
Liaison Counsel
Defense Leadership
Co-Lead Counsel
Co-Liaison Counsel
Geographic exposure
Over 11,000 claims pending in MDL 2873 before Judge Richard M. Gergel in the District of South Carolina. 3M $12.5 billion water provider settlement covers systems currently contaminated and future positives; Tyco $750 million settlement covers 7,000-8,000 public water systems. Firefighter turnout gear claims indicated for MDL integration per September 2025 judicial statement.
State-run AFFF Collection and Disposal Program with Final Programmatic Environmental Impact Statement issued October 2024 (Publication 24-04-040). Fire department AFFF inventory results document statewide foam stockpiles.
Manufacturers prohibited from selling or distributing AFFF. Immediate reporting required for all AFFF discharges as PFAS defined as Hazardous Substances. Training and testing use banned unless at approved testing facilities.
Statutory restrictions on AFFF use and discharge. Firefighter biomonitoring program established under Department of Homeland Security for PFAS exposure tracking.
State environmental agency has issued technical AFFF guidance documents for investigation and remediation planning.
State environmental agency technical resources available for AFFF risk mitigation.
City of Stuart bellwether trial delayed due to potential resolution of drinking water contamination claims. Site of first scheduled MDL 2873 trial before Judge Richard M. Gergel.
Commonwealth filed motion to amend complaint in MDL 2873, signaling continued governmental plaintiff activity.
EPA-Army joint PFAS sampling conducted at nine military bases as of August 2024. DOD installations represent concentrated AFFF training and deployment history.
Airports identified as significant regulatory focus for drinking water well and groundwater impacts from AFFF use.
Key defendants
3M Company
Role: Manufacturer
Core AFFF defendant in MDL 2873. Federal officer removal strategy under 28 U.S.C. §1442(a)(1) failing; First Circuit affirmed remand in Maine non-AFFF suit (No. 23-1709). Facing state AG parens patriae actions nationwide.
Tyco Fire Products LP
Role: Manufacturer
Named in MDL 2873 and Delaware state action (C.A. No. N23C-10-272). Part of 'AFFF Manufacturer Defendants' group with Chemguard and Buckeye. Active in MDL settlement discussions per July 2023 sealed walk-away provisions (Dkt. 3394).
Chemguard, Inc.
Role: Manufacturer
Grouped with Tyco and Buckeye as AFFF manufacturer defendant in MDL 2873 and Delaware state action. No independent litigation posture distinct from Tyco entity group.
Buckeye Fire Equipment Company
Role: Manufacturer
Named in MDL 2873, Connecticut (Hartford Super. Ct. Jan. 2024), Delaware (C.A. No. N23C-10-272), and Tennessee (Case No. 23C1259) complaints. Part of coordinated manufacturer defense group.
EIDP, Inc.
Role: Manufacturer
Successor to E.I. du Pont de Nemours and Company. Named in MDL 2873 and state AG suits. Part of 'DuPont Defendants' with Chemours entities; indemnity and successor liability disputes likely given corporate restructuring.
The Chemours Company
Role: Manufacturer
Spun-off DuPont PFAS liabilities. Named in MDL 2873 and multiple state AG actions. FC LLC subsidiary also named. Contingent indemnity claims against DuPont legacy entities central to defense posture.
Arkema Inc.
Role: Manufacturer
Named in MDL 2873 and state complaints including Connecticut, Delaware, Tennessee. Fluorosurfactant supplier to AFFF market. Less prominent in MDL leadership than 3M or Tyco group.
BASF Corporation
Role: Manufacturer
Named across MDL 2873 and all major state AG complaints (Connecticut, Delaware, Tennessee). C8 chemistry producer. No distinctive motion practice visible in recent dockets.
AGC Chemicals Americas, Inc.
Role: Manufacturer
Asahi Glass subsidiary formed 2004. Named in Connecticut, Delaware, Tennessee complaints and MDL 2873. Later entrant to fluorosurfactant market; potential statute of limitations and knowledge defenses.
Archroma U.S., Inc.
Role: Manufacturer
Named in MDL 2873 and state AG suits including Delaware and Tennessee. Former Clariant/Huntsman entity. AFFF fluorosurfactant production; corporate succession issues possible.
| Defendant | Role | Intelligence Note |
|---|---|---|
| 3M Company | Manufacturer | Core AFFF defendant in MDL 2873. Federal officer removal strategy under 28 U.S.C. §1442(a)(1) failing; First Circuit affirmed remand in Maine non-AFFF suit (No. 23-1709). Facing state AG parens patriae actions nationwide. |
| Tyco Fire Products LP | Manufacturer | Named in MDL 2873 and Delaware state action (C.A. No. N23C-10-272). Part of 'AFFF Manufacturer Defendants' group with Chemguard and Buckeye. Active in MDL settlement discussions per July 2023 sealed walk-away provisions (Dkt. 3394). |
| Chemguard, Inc. | Manufacturer | Grouped with Tyco and Buckeye as AFFF manufacturer defendant in MDL 2873 and Delaware state action. No independent litigation posture distinct from Tyco entity group. |
| Buckeye Fire Equipment Company | Manufacturer | Named in MDL 2873, Connecticut (Hartford Super. Ct. Jan. 2024), Delaware (C.A. No. N23C-10-272), and Tennessee (Case No. 23C1259) complaints. Part of coordinated manufacturer defense group. |
| EIDP, Inc. | Manufacturer | Successor to E.I. du Pont de Nemours and Company. Named in MDL 2873 and state AG suits. Part of 'DuPont Defendants' with Chemours entities; indemnity and successor liability disputes likely given corporate restructuring. |
| The Chemours Company | Manufacturer | Spun-off DuPont PFAS liabilities. Named in MDL 2873 and multiple state AG actions. FC LLC subsidiary also named. Contingent indemnity claims against DuPont legacy entities central to defense posture. |
| Arkema Inc. | Manufacturer | Named in MDL 2873 and state complaints including Connecticut, Delaware, Tennessee. Fluorosurfactant supplier to AFFF market. Less prominent in MDL leadership than 3M or Tyco group. |
| BASF Corporation | Manufacturer | Named across MDL 2873 and all major state AG complaints (Connecticut, Delaware, Tennessee). C8 chemistry producer. No distinctive motion practice visible in recent dockets. |
| AGC Chemicals Americas, Inc. | Manufacturer | Asahi Glass subsidiary formed 2004. Named in Connecticut, Delaware, Tennessee complaints and MDL 2873. Later entrant to fluorosurfactant market; potential statute of limitations and knowledge defenses. |
| Archroma U.S., Inc. | Manufacturer | Named in MDL 2873 and state AG suits including Delaware and Tennessee. Former Clariant/Huntsman entity. AFFF fluorosurfactant production; corporate succession issues possible. |
Timeline
U.S. Navy patents AFFF
U.S. Navy patents aqueous film-forming foam developed with 3M; military mandates AFFF carriage on all vessels following USS Forrestal fire.
3M voluntarily phases out legacy AFFF
3M begins voluntary phase-out of PFOS-based AFFF production, acknowledging environmental persistence. EPA later confirms 3M ceased PFOS manufacture in 2002.
FAA Reauthorization Act restricts fluorinated foam
FAA Reauthorization Act states aircraft manufacturers and airports shall not be required to use fluorinated chemicals to meet airport rescue and firefighting performance standards.
JPML consolidates AFFF litigation as MDL 2873
Judicial Panel on Multidistrict Litigation transfers all federally filed AFFF cases to U.S. District Court for the District of South Carolina, assigned to Judge Richard M. Gergel. In re: Aqueous Film-Forming Foams (AFFF) Products Liability Litigation, MDL No. 2873.
3M settles public water claims for $10.3 billion
3M agrees to $10.3 billion settlement over 13 years to resolve PFAS contamination claims by public water systems nationwide. Settlement receives preliminary court approval in MDL 2873.
DuPont/Chemours water settlement approved
Court approves $1.185 billion settlement from DuPont, Chemours, and Corteva for PFAS contamination of public water systems. Final fairness hearing held February 2, 2024.
MDL 2873 holds Science Days
Judge Gergel convenes Science Days in June 2025 where experts present evidence linking PFAS exposure to cancers and other health conditions in personal injury track.
Court-imposed PI filing deadline triggers surge
Judge Gergel's 21-day 'Filing Facilitation Window' closes September 5, 2025, requiring all personal injury cases involving six core conditions to be filed; triggers filing of over 37,000 new cases.
Bellwether trial postponed; MDL reaches 15,249 cases
Judge Gergel postpones first bellwether trial originally scheduled October 20, 2025. MDL grows by 1,307 cases in single month, reaching 15,249 pending personal injury cases.
Statute of limitations
MDL 2873 settlement negotiations ongoing; no global settlement finalized as of March 2026. Public water system settlements (3M, DuPont/Chemours/Corteva) distinct from personal injury MDL. Water system Phase Two claims deadlines: 3M claims due July 31, 2026; DuPont claims due June 30, 2026. Personal injury bellwether trial (kidney cancer) postponed from October 2025 pending case surge resolution.
⚠South Carolina (MDL 2873)
Court-ordered filing facilitation window closed September 5, 2025
Rule: Post-window filings permitted under stricter requirements per MDL 2873 Case Management Order
Discovery: Personal injury claims accrue upon diagnosis of qualifying cancer/thyroid disease linked to PFAS exposure
MDL 2873 (Judge Richard M. Gergel, D.S.C.) imposed September 5, 2025 deadline for unfiled claims to join MDL with streamlined procedures. Current filings require complete medical records, Plaintiff Fact Sheets within 90 days, and expert witness disclosures within 120 days. 15,213 active personal injury cases pending as of January 2026.
General state law guidance
1-3 years from diagnosis or discovery of illness-AFFF link
Rule: Varies by jurisdiction; discovery rule generally applies given latency period
Discovery: Accrual typically tied to diagnosis of kidney, testicular, prostate, liver cancer, thyroid disease, or ulcerative colitis—not date of exposure
No federal preemption applies to personal injury claims. Minimum one year regular, direct AFFF exposure generally required for case viability. Military service records, employment records, and medical documentation essential for screening.
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| ⚠South Carolina (MDL 2873) | Court-ordered filing facilitation window closed September 5, 2025 | Post-window filings permitted under stricter requirements per MDL 2873 Case Management Order | Personal injury claims accrue upon diagnosis of qualifying cancer/thyroid disease linked to PFAS exposure | MDL 2873 (Judge Richard M. Gergel, D.S.C.) imposed September 5, 2025 deadline for unfiled claims to join MDL with streamlined procedures. Current filings require complete medical records, Plaintiff Fact Sheets within 90 days, and expert witness disclosures within 120 days. 15,213 active personal injury cases pending as of January 2026. |
| General state law guidance | 1-3 years from diagnosis or discovery of illness-AFFF link | Varies by jurisdiction; discovery rule generally applies given latency period | Accrual typically tied to diagnosis of kidney, testicular, prostate, liver cancer, thyroid disease, or ulcerative colitis—not date of exposure | No federal preemption applies to personal injury claims. Minimum one year regular, direct AFFF exposure generally required for case viability. Military service records, employment records, and medical documentation essential for screening. |
Live intelligence
AI litigation brief
AFFF remains late-stage / settlement phase with 114 current signals in the accepted feed.
Overview
MDL 2873 remains centralized before Judge Richard M. Gergel in the District of South Carolina. The October 2025 kidney-cancer bellwether was vacated by Case Management Order No. 35 (Aug. 15, 2025), which imposed a 21-day filing/verification window to standardize proofs for new cases. Science Day proceedings for thyroid disease were held June 20, 2025. The court continues vetting the influx of filings and aligning Daubert schedules before resetting bellwethers.
Key developments
Trajectory
Court filings and press coverage are both active in MDL 2873, pointing to sustained litigation pressure rather than a one-off headline cycle. 8 live sources are contributing current context.
Editorial intelligence
MDL 2873 should stay on the lead docket watch because it is the primary consolidation vehicle for AFFF.
Generated Apr 28, 2026, 12:00 AM UTC
114 events detected
Google News (5)
Maryland, South Carolina lose bid to try PFAS contamination cases in state courts - Maryland Matters
Maryland, South Carolina lose bid to try PFAS contamination cases in state courts - Maryland Matters
FL lawmakers propose ban on toxic firefighting foam linked to water and soil contamination - WGCU
FL lawmakers propose ban on toxic firefighting foam linked to water and soil contamination - WGCU
Firefighting foam PFAS lawsuits paused due to government shutdown - Top Class Actions
Drug and chemical toxicology • Wadhwa P • PMID 42041075 • Journal Article.
Current allergy and asthma reports • Rager JE • PMID 42033635 • Journal Article.
Archives of toxicology • Husby S • PMID 42034718 • Journal Article.
Environmental toxicology • Kamendulis LM • PMID 42031541 • Journal Article.
Ecotoxicology and environmental safety • He M • PMID 42030663 • Journal Article.
LUKE AIR FORCE BASE | Superfund Site Profile | Superfund Site Information | US EPA ## Superfund Site: ## LUKE AIR FORCE BASEGLENDALE, AZ alert('Not IE!') Place Content here for Users of all other Browsers. # Superfund Site Profile ### Site Contacts Community Involvement Coordinator David Yogi Yogi.David@epa.gov(415) 972-3350 Remedial Project Manager Vicky Wiraatmadja Wiraatmadja.Vicky@epa.gov(415)
EPA Superfund regulatory on Mar 25 for AFFF. Regulatory developments can change intake posture and motion practice quickly.
This EPA Superfund site profile documents contamination at Luke Air Force Base, which is a known AFFF PFAS contamination site where firefighting foam was used and caused groundwater contamination requiring federal cleanup.
EPA Superfund regulatory on Mar 24 for AFFF. Regulatory developments can change intake posture and motion practice quickly.
EPA reaches $668M settlement agreement for continued cleanup of Lower Duwamish Waterway Superfund site in Seattle area | US EPA # EPA reaches $668M settlement agreement for continued cleanup of Lower Duwamish Waterway Superfund site in Seattle area March 4, 2026 Contact Information EPA Press Office (press@epa.gov) WASHINGTON — Today, the U.S. Environmental Protection Agency, U.S. Department of Jus
EPA News Release regulatory on Mar 4 for AFFF. Regulatory developments can change intake posture and motion practice quickly.
Per- and Polyfluoroalkyl Substances (PFAS) | US EPA # Per- and Polyfluoroalkyl Substances (PFAS) ## EPA Retains Maximum Contaminant Levels for PFOA, PFOS EPA is committed to addressing Per- and Polyfluoroalkyl substances (PFAS) in drinking water while following the law and ensuring that regulatory compliance is achievable for drinking water systems. Read the news release 1 Learn about EPA's curren
EPA regulatory on Feb 19 for AFFF. Regulatory developments can change intake posture and motion practice quickly.
Our Current Understanding of the Human Health and Environmental Risks of PFAS | US EPA # Our Current Understanding of the Human Health and Environmental Risks of PFAS ## What EPA is Doing Learn what EPA is doing to address PFAS. ## Per- and Polyfluoroalkyl Substances (PFAS) Are a Group of Manufactured Chemicals PFAS are a group of manufactured chemicals that have been used in industry and consumer
EPA regulatory on Feb 10 for AFFF. Regulatory developments can change intake posture and motion practice quickly.
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13131861). Service is due within the time allowed by Rule 4(m),filed by Ellen Smith. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/23/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13131849). Service is due within the time allowed by Rule 4(m),filed by Summer Wakefield. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/23/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13131773). Service is due within the time allowed by Rule 4(m),filed by Deborah Heller. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/23/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13131660). Service is due within the time allowed by Rule 4(m),filed by Barbara Trifaro. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/23/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13131580). Service is due within the time allowed by Rule 4(m),filed by Joan Falletta. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/23/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13131458). Service is due within the time allowed by Rule 4(m),filed by Michelle Brewer. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/23/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13126829). Service is due within the time allowed by Rule 4(m),filed by Barbara Ellen Jones. (Attachments: # 1 Summons 3M & Additional Defendants List)Anderson, Gary) (Entered: 04/22/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13121925). Service is due within the time allowed by Rule 4(m),filed by John LoGiudice. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/20/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13121802). Service is due within the time allowed by Rule 4(m),filed by Josephine Cappiello. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/20/2026)
Aqueous Film-Forming Foams Products Liability Litigation
PACER docket entry from SCD: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-13121736). Service is due within the time allowed by Rule 4(m),filed by James Cronin. (Attachments: # 1 Summons proposed)Guzman, Jeffrey) (Entered: 04/20/2026)
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LexGenius Ranking
86Score
Court, news, and regulatory activity are elevated
Monitoring
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monitoring
Last: Apr 28, 2026, 12:00 AM UTC
Next: 47:04
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PACER
PACER
Google News
PubMed
EPA
Event feed
114
events detected
AI Brief
AFFF remains late-stage / settlement phase with 114 current signals in the accepted feed.
Overview
MDL 2873 remains centralized before Judge Richard M. Gergel in the District of South Carolina. The October 2025 kidney-cancer bellwether was vacated by Case Management Order No. 35 (Aug. 15, 2025), which imposed a 21-day filing/verification window to standardize proofs for new cases. Science Day proceedings for thyroid disease were held June 20, 2025. The court continues vetting the influx of filings and aligning Daubert schedules before resetting bellwethers.
Key developments
PACER court filing on Apr 23: Aqueous Film-Forming Foams Products Liability Litigation. ‖ Maryland Matters news on Mar 6: Maryland, South Carolina lose bid to try PFAS contamination cases in state courts - Maryland Matters. ‖ EPA Superfund regulatory on Mar 25: luke air force base glendale, az - Superfund Site - gov.epa.cfpub. ‖ PubMed research on Apr 27: Microplastic-associated pollutants in prostate carcinogenesis and plant-based chemo-preventive strategies..
Generated Apr 28, 2026, 12:00 AM UTC
Tracked MDLs
MDL 2873
D.S.C.
Aqueous film-forming foams (AFFF) products liability