Per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals,” have become a focal point of environmental and public health concerns in the United States. These synthetic chemicals, used for their water, heat, and grease-resistant properties, are now at the center of one of the largest mass tort litigations in U.S. history. With thousands of lawsuits consolidated into a multidistrict litigation (MDL) in South Carolina, the PFAS litigation is shaping up to be a landmark legal battle with far-reaching implications for public health, environmental policy, and corporate accountability.

This article provides an in-depth analysis of the PFAS MDL, exploring the three major types of lawsuits, recent developments, and the broader implications of this litigation.

Understanding PFAS: The “Forever Chemicals”

PFAS are a family of over 10,000 human-made chemicals that have been widely used since the 1940s in a variety of industrial and consumer products. Their unique properties make them resistant to water, oil, and heat, which is why they are found in non-stick cookware, food packaging, firefighting foam, waterproof clothing, and even dental floss.

However, the same durability that makes PFAS useful also makes them environmentally persistent. These chemicals do not break down naturally and can accumulate in the human body over time. Studies have linked PFAS exposure to serious health conditions, including:

• Kidney cancer
• Liver cancer
• Testicular cancer
• Thyroid disease
• Ulcerative colitis
• Developmental issues in children

The widespread use of PFAS has led to contamination of water systems, soil, and air, affecting millions of Americans. According to the Environmental Protection Agency (EPA), PFAS have been detected in water systems across all 50 states, with an estimated 130 million people exposed to contaminated drinking water.

The PFAS MDL: A Consolidated Legal Battle

In 2018, the Judicial Panel on Multidistrict Litigation (JPML) consolidated thousands of PFAS-related lawsuits into a single MDL in the District of South Carolina. Known as the Aqueous Film-Forming Foams (AFFF) Products Liability Litigation (MDL No. 2873), this MDL is presided over by Judge Richard M. Gergel.

The MDL process allows for the efficient handling of complex cases with common factual and legal issues. By consolidating these cases, the court aims to streamline discovery, avoid conflicting rulings, and facilitate settlement negotiations.

Three Types of Lawsuits in the PFAS MDL

The PFAS MDL encompasses three primary categories of lawsuits, each with distinct plaintiffs, legal arguments, and settlement progress:

1. Water Provider Lawsuits

These lawsuits are filed by municipalities, water districts, and other public water systems alleging that PFAS contamination has compromised their drinking water supplies. Plaintiffs argue that manufacturers knew about the risks of PFAS but failed to warn the public or take steps to prevent contamination.

Key Developments:

• 3M Settlement: In June 2023, 3M agreed to a $10.3 billion settlement to resolve claims that it contaminated public drinking water with PFAS. The settlement, to be paid over 13 years, will fund water filtration systems and environmental remediation.
• DuPont, Chemours, and Corteva Settlement: These companies reached a $1.19 billion settlement with U.S. water providers in June 2023.
• BASF Settlement: In May 2024, BASF agreed to a $316.5 million settlement with public water systems.

These settlements highlight the growing accountability of PFAS manufacturers and provide critical funding for communities to address contamination.

2. Firefighting Foam (AFFF) Lawsuits

Aqueous film-forming foam (AFFF), used extensively in firefighting and training exercises, is a major source of PFAS contamination. Firefighters and first responders, who have been directly exposed to AFFF, are filing lawsuits alleging that manufacturers failed to warn about the health risks associated with PFAS.

Key Developments:

• Tyco Fire Products Settlement: In April 2024, Tyco Fire Products, a subsidiary of Johnson Controls, agreed to a $750 million settlement with public water systems.
• Carrier Global Settlement: In October 2024, Carrier Global reached a $730 million settlementrelated to its subsidiary Kidde-Fenwal, a manufacturer of PFAS-containing firefighting foams.

These cases underscore the occupational hazards faced by firefighters and the need for stricter regulations on PFAS-containing products.

3. Drinking Water Personal Injury Lawsuits

Individuals who developed cancer or other illnesses after consuming PFAS-contaminated drinking water are filing personal injury lawsuits. These cases often target PFAS manufacturers but may also name public water utilities as defendants.

Key Developments:

• Bellwether Trials: The first bellwether trial in the PFAS MDL is scheduled for October 2025. These trials will provide insight into how juries may rule on similar cases and could influence settlement negotiations.
• Scientific Evidence: Plaintiffs are relying on growing scientific evidence linking PFAS exposure to serious health conditions. For example, a 2023 study published in the Journal of the American Medical Association (JAMA) found a strong association between PFAS exposure and testicular cancer.

Recent Developments in the PFAS MDL

November 2024: Former 3M Scientist Blows the Whistle

Kris Hansen, a former 3M scientist, revealed in an interview with CBS News that the company knew about the dangers of PFAS as early as 1997 but concealed the risks. Her testimony has added fuel to the ongoing litigation and could strengthen plaintiffs’ claims.

April 2024: EPA Designates PFOA and PFOS as Hazardous Substances

The EPA designated two PFAS chemicals, PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonic acid), as hazardous substances under the Superfund law. This action increases transparency and accountability for PFAS cleanup efforts.

2023: Billion-Dollar Settlements

The year 2023 marked a turning point in the PFAS litigation, with several major settlements:

• 3M: $10.3 billion
• DuPont, Chemours, and Corteva: $1.19 billion
• Tyco Fire Products: $750 million

These settlements demonstrate the growing recognition of corporate responsibility for PFAS contamination.

The Broader Implications of the PFAS MDL

1. Public Health

The PFAS litigation has brought much-needed attention to the health risks associated with these chemicals. As more studies link PFAS exposure to serious illnesses, there is growing pressure on regulators to establish stricter limits on PFAS in drinking water and consumer products.

2. Environmental Policy

The EPA’s designation of PFOA and PFOS as hazardous substances is a significant step toward addressing PFAS contamination. However, advocates argue that more needs to be done to regulate the thousands of other PFAS chemicals still in use.

3. Corporate Accountability

The PFAS MDL is holding manufacturers accountable for decades of alleged negligence. The billions of dollars in settlements underscore the financial and reputational risks companies face when they fail to prioritize public health and environmental safety.

4. Legal Precedent

The outcomes of the PFAS MDL could set important legal precedents for future mass tort cases involving environmental contamination and toxic exposure.

What You Can Do

If you or your law firm are involved in PFAS litigation, partnering with Best Case Leads can help you connect with qualified claimants efficiently. Our consumer-facing brands leverage television, radio, social media, and other advertising avenues to reach potential claimants. Our in-house call center screens claimants 24/7, delivering pre-qualified retainers directly to your firm.

Ready to learn more? Call us at (877) 795-2953 or complete our online contact form today.