Federal multidistrict litigation tracker

MDL 2873 Update — AFFF Firefighting Foam (PFAS) Lawsuit

In re: Aqueous Film-Forming Foams Products Liability Litigation. Counts are monthly JPML snapshots and can change between reports.

Lawsuit status — September 2026

AFFF Firefighting Foam (PFAS) Lawsuit

Verified September 14, 2026

MDL: MDL-2873
Court: D.S.C.
Judge: Judge Richard M. Gergel
Pending cases: 15,264; +18 since prior report
Current phase: Personal-injury discovery; water-system settlement administration
Settlement status: final approved, claims administration — water systems only
Latest development: JPML reports 15,264 pending actions on September 1, 2026, compared with 15,246 on August 3; 19,840 total historical actions are reported separately.
Next major event: November 20, 2026 — Group B proposals due

What changed this month?

●JPML reports 15,264 pending actions on September 1, 2026, compared with 15,246 on August 3; 19,840 total historical actions are reported separately. Source
●CMO 26O moves Group B case-selection and expert-discovery proposals to November 20, 2026. Source
●CMO 33F sets thyroid/liver-cancer expert-motion responses for November 20, 2026 and replies for January 22, 2027; it does not set a trial. Source
●The administrator confirms four water-system settlements have final approval; the Phase Two water-system claims deadline was July 31, 2026. Source

MDL details

Created: December 7, 2018
Pending: 15,264
Total actions filed: 19,840
Monthly change: +18

Defendants named in the tracked record

3M; DuPont / Chemours / Corteva; Tyco Fire Products (Johnson Controls); BASF; Carrier Global / Kidde-Fenwal; Arkema, Chemguard, Buckeye Fire Equipment, National Foam, Dynax and others. Defendants dispute the allegations.

Historical case counts

Report	Pending	Total filed
September 1, 2026	15,264	19,840
August 3, 2026	15,246	19,822
July 1, 2026	15,244	—

What the litigation alleges

The tracked claims concern toxic exposure injury claim, including pfas exposure-related cancer and disease claims. These are allegations; defendants dispute liability and causation.

Stage and bellwether status

The July 30, 2026 CMO 26O moves Group B selection and expert-discovery proposals to November 20, 2026. The August 31 CMO 33F sets thyroid/liver-cancer Rule 702 response and reply deadlines for November 20, 2026 and January 22, 2027. These expert proceedings are separate from the four finally approved public-water-system settlements.

Bellwether record: CMO 26O extends the July 20 proposal date to November 20.

Settlement status

$10.5 billion to $12.5 billion paid over 13 years to public water systems for PFAS contamination, per the official settlement FAQ. Final approval entered by Judge Gergel (fairness hearing February 2, 2024). Compensates water utilities, not individuals.

Individual claims: Public water systems only; this settlement does not resolve individual personal-injury claims.