Formation of the MDL
In December 2018, federal lawsuits over firefighting foam containing PFAS were consolidated into a single multidistrict litigation in the U.S. District Court for the District of South Carolina. The case is known as In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873, and is assigned to Judge Richard M. Gergel.[1]
A multidistrict litigation, or MDL, is a procedure used when many similar cases filed in different federal courts are transferred to one judge for coordinated pretrial proceedings. The goal is to avoid duplicative discovery and inconsistent rulings. Individual cases remain separate but move through fact-gathering together.
Two Tracks: Water Systems and Personal Injury
The MDL includes two distinct groups of claims. One track involves public water systems that allege their water supplies were contaminated with PFAS from firefighting foam. The other track involves individuals who claim they developed medical conditions after exposure to AFFF. The personal injury track covers six listed conditions: kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, liver cancer, and thyroid cancer.[5]
Water System Settlements Approved
On November 22, 2024, Judge Gergel gave final approval to settlements between public water systems and two defendants, Tyco and BASF. The approval orders make clear that these settlements do not release any individual's personal injury claims.[2]
It has been reported that the approved settlements with public water systems in the MDL total more than $11.5 billion combined, but that figure is not confirmed from court records we track.[6]
Push for Personal Injury Settlement
On June 26, 2025, Judge Gergel held a hearing and urged the parties to look for a global settlement of the personal injury claims. This occurred ahead of the first scheduled kidney cancer trial.[3]
A global settlement would resolve large numbers of individual claims at once, typically through a common fund or claims process. At that point, the first bellwether trial was still on the calendar.
First Trial Taken Off Calendar
In August 2025, the first personal injury bellwether trial was removed from the calendar. That trial, involving a kidney cancer claim, had been set for October 20, 2025. The court took it off the schedule after a surge of new filings. As of September 2026, the trial had not been reset.[4]
Bellwether trials are test cases selected to go to trial early in an MDL. They help the parties and the court evaluate the strengths and weaknesses of recurring claims and often influence settlement negotiations. Removing a bellwether from the calendar can signal that the parties need more time for discovery, that settlement talks are progressing, or that the volume of new cases requires the court to reassess its trial plan.
Case Volume as of Mid-2026
On July 1, 2026, the Judicial Panel on Multidistrict Litigation reported that 15,244 actions were pending in MDL No. 2873. Most of those actions are personal injury claims. As of mid-2026, no personal injury settlement or claim form existed.[2]
The Judicial Panel on Multidistrict Litigation, or JPML, is the body that decides whether to create an MDL and tracks the number of cases transferred into it. The case count reflects only federal actions consolidated in the MDL and does not include any cases that may be pending in state courts.
Where Things Stand Now
The personal injury track of the MDL remains in discovery. The record we track does not show a reset trial date for the kidney cancer bellwether that was removed from the October 2025 calendar, and no other personal injury trial date has been scheduled.[4]
Public water systems have reached settlements with at least two defendants, Tyco and BASF, and those settlements have received final court approval. Those agreements do not affect personal injury claims.[2]
No settlement or claims process for personal injury plaintiffs has been announced or approved as of the most recent information available from mid-2026.[2]
What Is Not Known Yet
The record we track does not show whether any personal injury settlement negotiations are underway or how close the parties may be to an agreement. Judge Gergel encouraged the parties to pursue a global settlement in June 2025, but no public filing confirms the status of those discussions.[3]
No trial date for any personal injury claim is currently on the calendar. The record does not indicate when the court may schedule the next bellwether trial or whether additional bellwether selections have been made.
The total value of the water system settlements has been reported as more than $11.5 billion, but that figure has not been confirmed from court records we track.[6]
The allegations in the personal injury cases have not been tried or ruled upon. Plaintiffs allege that exposure to AFFF caused their medical conditions, but no court has made findings of fact or conclusions of law on the merits of those claims.
Sources
- In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.) (2018-12-01). Secondary report: embryo.asu.edu
- MDL No. 2873 (D.S.C.) (2024-11-22). Secondary report: tavrn.ai
- MDL No. 2873 (D.S.C.) (2025-06-26). Secondary report: insideepa.com
- MDL No. 2873 (D.S.C.) (2025-08-01). Secondary report: openclassactions.com
- MDL No. 2873 (D.S.C.) (2026-07-01). Secondary report: tavrn.ai
- MDL No. 2873 (D.S.C.) (2026-03-01). Secondary report: legalclarity.org
Litigation facts on this page come from the TortIntel litigation record and the documents linked above. Last checked against that record on 2026-10-24. If you see an error, tell us and we will correct it.