AFFF MDL: What Is an MDL Settlement? (April 2025)

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Sarah Edwards

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Reviewed By Adam Ramirez, J.D.

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Summary

  • AFFF contains forever chemicals linked to several cancers
  • Those exposed to AFFF have filed lawsuits against manufacturers
  • The AFFF MDL allows plaintiffs to cooperate in litigation and negotiation

Aqueous film-forming foams (AFFF) were a tremendous advance in firefighting technology. These chemicals were widely adopted and used by both civilian and military firefighters. They were also stored in firehouses, naval vessels and military bases.

Unfortunately, these foams have been found to contain PFAS, or “forever chemicals,” which generally don’t break down in the body or environment. Those exposed to AFFF have developed life-threatening medical conditions, including cancer, ulcerative colitis and thyroid disease.

As a result, victims have filed product liability cases against the manufacturers, leading to the AFFF Multidistrict Litigation (MDL).

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What Is the AFFF Multidistrict Litigation (MDL)?

When a company faces multiple claims for similar injuries in federal court, the U.S. Judicial Panel on Multidistrict Litigation can transfer all the cases to a single court. The plaintiffs can then cooperate when seeking evidence, hiring experts, presenting motions, and negotiating for a global settlement.

In this case, the judicial panel created an AFFF MDL in the U.S. District Court for South Carolina. How many AFFF lawsuit cases have been filed? This MDL currently encompasses over 10,000 cases, according to the AFFF MDL South Carolina court.

Status of the AFFF MDL

The parties have largely finished pre-trial discovery, and several trials have been scheduled. These trials, called bellwether trials, allow the parties to gauge the strength and value of the claims. Both sides will present their strongest arguments, and a jury will determine whether the manufacturer is liable for the injuries suffered.

There are currently two theories about when an AFFF MDL settlement might occur. First, the manufacturers might offer a global settlement before any bellwether trials.

If the bellwether trials produce multimillion-dollar awards, the plaintiffs might hold out for a large settlement. By offering a settlement early, the plaintiffs must evaluate it without knowing what they could receive at trial.

Second, the manufacturers may wait until they win a bellwether trial to offer a settlement. A win by the manufacturers reduces the value of the remaining claims and gives the manufacturers greater leverage in settlement negotiations.

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Contact ConsumerShield to Discuss the AFFF MDL

You must file an AFFF lawsuit to participate in the AFFF MDL, although a global settlement may include a fund open to non-participants. ConsumerShield can help you understand more about MDL cases and refer you to a skilled local lawyer. Contact us for a free case review today.

Frequently Asked Questions

  • AFFF lawsuit settlement amounts will depend on the severity of your injuries and their impact on your life. Younger plaintiffs may receive more because they have a longer remaining working life, as will those who have more severe diseases.

  • The bellwether trials will determine which injuries were caused by AFFF. Currently, the MDL has focused on six diseases:

    • Liver cancer
    • Kidney cancer
    • Thyroid cancer
    • Testicular cancer
    • Thyroid disease
    • Ulcerative colitis

    If a jury finds AFFF caused these diseases, the manufacturers may be liable for the resulting costs and losses.

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