Chemical Clash: Navigating the AFFF Litigation Landscape

The Aqueous Film-Forming Foam (AFFF) litigation, primarily concerning claims related to PFAS chemical exposure, has seen significant developments recently. As of May 2024, the number of personal injury lawsuits within the multidistrict litigation (MDL) has risen to over 7,700. These cases are consolidated in the District of South Carolina, reflecting the growing concern over the harmful impacts of PFAS, often referred to as "forever chemicals," which have been linked to various cancers and other serious health issues​.

The litigation gained particular momentum following a substantial settlement in late 2023, where manufacturers like 3M and DuPont agreed to a $10.3 billion settlement to address claims of PFAS contamination in municipal drinking water systems. This settlement, however, does not directly resolve the ongoing personal injury claims, which cover a wide array of health issues including cancers such as kidney, testicular, and pancreatic cancer​.

Currently, the MDL is preparing for bellwether trials, which are test trials used to gauge the reaction of juries to the presented evidence and potentially lead to a global settlement for the personal injury claims. Although these trials are not expected to begin in 2024, the selection process for potential bellwether cases is underway, which is a critical step in advancing the litigation​​.

As this litigation continues to unfold, affected parties include not just those directly exposed to AFFF through occupational settings like firefighting, but also communities and individuals who have suffered due to environmental contamination. The outcomes of these cases could set significant precedents for how similar chemical exposure lawsuits are handled in the future​.