TORT SPOTLIGHT: Aqueous Film-Forming Foam (AFFF)
As of March 2025, the Aqueous Film-Forming Foam (AFFF) mass tort litigation has seen significant developments, reflecting the ongoing efforts to address the health impacts associated with per- and polyfluoroalkyl substances (PFAS) found in firefighting foams.Maryland Personal Injury Lawyers+4Fob James Law Firm+4New York Post+4
Consolidation and Case Volume
The AFFF lawsuits have been consolidated into a multidistrict litigation (MDL) under Judge Richard Gergel in the U.S. District Court for the District of South Carolina. As of January 2025, there were approximately 7,600 pending cases in this MDL, with an additional 270 cases filed in December 2024, bringing the total to 7,633. TruLawLawsuit Legal News
Health Implications and Allegations
Plaintiffs, including firefighters, military personnel, and airport workers, allege that exposure to PFAS chemicals in AFFF has led to various cancers and health issues. Studies have shown that firefighters have triple the PFAS levels in their blood compared to the general population. LawFirm.com+2Keefe Law Firm+2King Law+2King Law
Bellwether Trials and Settlement Prospects
The MDL is progressing toward bellwether trials, which are pivotal in setting precedents for future cases and facilitating potential settlements. While no global settlement has been finalized for personal injury claims, legal experts anticipate that these trials will influence negotiations. TruLaw
Corporate Accountability
Recent investigations have revealed that companies like 3M were aware of the environmental persistence and potential health risks of PFAS chemicals in their products but continued their use. Internal documents indicate that 3M misled customers about the safety and biodegradability of its firefighting foams containing PFAS. TruLaw+4The Guardian+4TorHoerman Law+4
Future Outlook
As awareness of PFAS-related health risks grows, the number of lawsuits is expected to increase. The outcomes of upcoming bellwether trials will be crucial in determining the direction of the litigation and the possibility of a global settlement. Additionally, regulatory actions and corporate decisions to phase out PFAS chemicals will play a significant role in shaping the future landscape of AFFF litigation.
In summary, the AFFF mass tort litigation in 2025 is at a critical juncture, with thousands of cases pending, significant revelations about corporate knowledge of PFAS risks, and upcoming trials that may influence the course of legal proceedings and settlements.
