PFAS Lawsuit Update (October 2026): AFFF MDL 2873 Status & Settlements
PFAS lawsuit update, October 2026: the AFFF firefighting-foam litigation (MDL 2873) had 15,264 cases pending in South Carolina federal court on October 1, 2026, out of 19,840 filed since it began, and no personal-injury settlement has been announced. 3M and Chemours both reported this summer that the injury claims are in court-ordered settlement talks with a mediator, no bellwether trial date is set, and Corteva now says it expects the first personal-injury trial to be scheduled for 2027. The billions already paid went to public water systems, not to people who got sick. For eligibility details, see our AFFF firefighting foam lawsuit guide and the broader PFAS cancer lawsuit guide.
SourceJPML MDL report1 Oct 20263M Form 10-QJul 2026Corteva SEC filing1 Oct 2026
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PFAS lawsuit update — key facts (October 2026)
- Cases pending: 15,264 in AFFF MDL 2873 (D.S.C., Judge Richard M. Gergel), per the JPML report of October 1, 2026.
- Trial date: none. The October 2025 kidney-cancer bellwether was vacated, and 3M reported in July 2026 that no new trial date has been set.
- Settlement talks: court-ordered and facilitated by a court-appointed mediator, according to 3M’s and Chemours’ mid-2026 filings. No personal-injury settlement has been announced.
- Next court deadline: November 20, 2026, for responses to the Rule 702 motions on the thyroid and liver cancer experts and for the ulcerative colitis bellwether proposals.
- Water-system settlements: 3M, DuPont/Chemours/Corteva, Tyco and BASF. They resolve utility claims, not personal-injury claims.
PFAS and AFFF resource center
Start with the PFAS cancer lawsuit guide, review AFFF firefighting foam eligibility, organize your claim factors with the PFAS settlement calculator, and see what the record shows on the PFAS settlement amounts page.
On this page:
PFAS Lawsuit Update: Where MDL 2873 Stands (October 2026)
All federal AFFF personal-injury claims, and many water-contamination claims, are consolidated in MDL 2873, In re: Aqueous Film-Forming Foams Products Liability Litigation, in the U.S. District Court for the District of South Carolina before Judge Richard M. Gergel. The Judicial Panel on Multidistrict Litigation’s report of October 1, 2026 lists 15,264 actions pending and 19,840 filed in total since the MDL began. The plaintiffs are firefighters, military veterans, airport and industrial workers, and residents of communities with contaminated water.
SourceJPML MDL report1 Oct 2026
The court has also been policing its own docket. 3M reported that in June 2026 the court appointed a special master to handle motions to dismiss cases from plaintiffs who had not met the court’s information requirements. That matters to anyone with a pending claim: a case that is missing required paperwork can be dismissed long before any settlement is reached.
Source3M Form 10-QJul 2026
What Changed Since the Summer
- August 31, 2026 — new expert deadlines. Case Management Order 33.F reset the schedule for the challenges to the general-causation experts on thyroid cancer and liver cancer: responses to those Rule 702 motions are now due November 20, 2026 and replies January 22, 2027. The court said it will advise the parties on any further process or hearing.
- Mid-2026 — mediator-led talks. 3M reported that the parties “continue to participate in court-ordered settlement discussions regarding the personal injury claims,” facilitated by a court-appointed mediator. Chemours said the parties have engaged a mediator and that there is no guarantee the discussions will result in a settlement.
- September 10, 2026 — a state settlement, not an injury settlement. DuPont, Chemours and Corteva agreed to pay the State of North Carolina and 11 local governments $455 million over 15 years, of which no more than $14.4 million can be ascribed to AFFF. It resolves government claims and pays no individual.
- October 1, 2026 — a trial target from a defendant. In financial statements filed for its planned separation, Corteva said the first bellwether personal-injury trial “is expected to be scheduled for 2027.” That is the company’s expectation, not a court order.
SourceD.S.C. CMO 33.F31 Aug 20263M Form 10-QJul 2026Chemours Form 10-QAug 2026DuPont press release10 Sep 2026Corteva SEC filing1 Oct 2026
AFFF MDL 2873 Case Count by Month, 2026
The Judicial Panel on Multidistrict Litigation publishes the number of actions pending in each MDL every month. We pulled each 2026 report for MDL 2873 (Judge Richard M. Gergel, District of South Carolina) and put the figures side by side, because a single month’s count does not show whether the docket is growing or standing still.
| Panel report date | Actions pending | Total actions filed to date |
|---|---|---|
| January 5, 2026 | 15,213 | 19,788 |
| February 2, 2026 | 15,216 | 19,791 |
| March 2, 2026 | 15,220 | 19,795 |
| April 1, 2026 | 15,222 | 19,797 |
| May 1, 2026 | 15,232 | 19,807 |
| June 1, 2026 | 15,240 | 19,815 |
| July 1, 2026 | 15,244 | 19,819 |
| August 3, 2026 | 15,246 | 19,822 |
| September 1, 2026 | 15,264 | 19,840 |
| October 1, 2026 | 15,264 | 19,840 |
What the numbers show: pending actions rose from 15,213 to 15,264 between the January 5 and October 1 reports, a net increase of 51 cases (about 0.3%), and the total number of actions filed to date rose by 52, from 19,788 to 19,840. In other words, the docket added only a trickle of new cases in 2026 and almost none were closed. These are counts of cases in the MDL, not a measure of what any claim is worth, and the panel’s figures do not say how many pending cases are personal-injury claims versus water-system claims. Source: the Judicial Panel on Multidistrict Litigation monthly reports linked in the table (the September 1 and October 1 reports show identical figures); we re-read the October 1 figure on October 28, 2026.
The Bellwether Trials: Why No Trial Date Is Set
A kidney-cancer bellwether trial had been set for October 2025, but the court vacated that date, and 3M reported in July 2026 that no new trial date has been set. Bellwether, or test, trials matter because a small group of representative cases goes before a jury, and the results shape what every other claim is worth in negotiation.
The fight over the science comes first. Under Federal Rule of Evidence 702 the defendants are challenging the plaintiffs’ general-causation experts disease by disease, and the court has set staggered schedules: briefing on thyroid and liver cancer runs into January 2027 under CMO 33.F, while proposals for the next group of bellwether cases, built around ulcerative colitis, are due November 20, 2026 under CMO 26.O. Corteva’s October 2026 filing puts the first personal-injury trial in 2027.
Source3M Form 10-QJul 2026D.S.C. CMO 33.F31 Aug 2026D.S.C. CMO 26.O30 Jul 2026Corteva SEC filing1 Oct 2026
Which Injuries Are in the AFFF MDL 2873?
Case Management Order 35 names six conditions as the “Listed Claims” at the center of the personal-injury track:
- Kidney cancer
- Testicular cancer
- Ulcerative colitis
- Thyroid disease
- Liver cancer
- Thyroid cancer
SourceD.S.C. CMO 3515 Aug 2025
Eligibility generally depends on documented exposure, on the job or through contaminated water, a qualifying diagnosis, and medical support linking the two. The court has not yet ruled on whether the plaintiffs’ experts can testify that PFAS cause any of these conditions; that is what the Rule 702 briefing above will decide, disease by disease.
PFAS Lawsuit Update: Settlements Paid So Far Went to Water Systems
No personal-injury settlement exists yet, but four defendants have settled the public water system claims in the MDL. These settlements pay utilities to test for and remove PFAS. They do not compensate individuals who developed cancer or other illnesses. BASF said so directly: its settlement does not affect the other categories of cases in the MDL, “such as personal injury cases.” For the factors that may affect individual compensation, see our PFAS settlement amounts resource.
| Defendant | Amount | Who it pays |
|---|---|---|
| 3M | Up to $10.3 billion in present value, paid over 13 years | Public water systems; final court approval March 29, 2024 |
| DuPont / Chemours / Corteva | $1.185 billion | Public water systems |
| Tyco Fire Products | $750 million | Public water systems that detected PFAS as of May 15, 2024 |
| BASF | $316.5 million | Public water systems |
Source3M1 Apr 2024Chemours2 Jun 2023Johnson Controls 10-QJul 2026BASF21 May 2024
These funds help utilities treat drinking water. The personal-injury side of the firefighting foam litigation is still open, which is why individual claims continue to be filed and litigated.
Don’t Wait on the Statute of Limitations
Deadlines to file are set by state law and can run out before any global settlement is reached. A free review tells you where you stand.
PFAS Settlement Amounts: What Personal-Injury Payouts Could Look Like
Because no personal-injury settlement has been reached, there is no published per-person figure, and any projected payout range you see online is not settlement data. Actual value will depend on the injury and its severity, the strength of the exposure history, the medical evidence, lost earnings, age and jurisdiction — and ultimately on how the expert rulings and bellwether trials come out. To organize the factors in your own claim, use the PFAS settlement calculator; it does not produce a dollar figure or guarantee eligibility, representation or compensation. You can also browse the settlement calculators hub.
PFAS Lawsuit Update 2026: What the Science Says
Two findings frame the litigation. In late 2023 the World Health Organization’s International Agency for Research on Cancer evaluated PFOA as carcinogenic to humans (Group 1), its highest category, and PFOS as possibly carcinogenic (Group 2B). And a U.S. Geological Survey study released July 5, 2023 estimated that at least 45% of U.S. tap water contains one or more PFAS. Neither finding proves what caused a particular person’s illness — that is exactly what the Rule 702 fights in the MDL are about — but together they explain why the litigation is so large.
SourceIARC1 Dec 2023USGS5 Jul 2023
EPA’s PFAS Drinking Water Limits: Still in Force, With Changes Proposed
EPA’s April 2024 drinking water rule set enforceable limits of 4.0 parts per trillion each for PFOA and PFOS, plus limits for four other PFAS. In May 2026 EPA proposed two changes: letting water systems request two more years, to 2031, to meet the PFOA and PFOS limits, and rescinding the limits for PFHxS, PFNA, HFPO-DA (known as GenX) and the mixture hazard index. Both are still proposals. The comment period on the deadline extension closed July 20, 2026, and neither proposal changes the 4.0 parts per trillion limits for PFOA and PFOS.
SourceEPA8 Oct 2026Federal Register20 May 2026
PFAS Lawsuit Update: Do You Qualify and How to File
You may qualify if you had documented AFFF or PFAS exposure — as a firefighter, service member, airport or industrial worker, or through contaminated drinking water — and were later diagnosed with one of the conditions above. The best way to begin is to compare your exposure and diagnosis with the criteria in our AFFF firefighting foam lawsuit guide and PFAS cancer lawsuit guide, then speak with a licensed attorney about your specific facts. Here is how to move forward:
- Review AFFF-specific criteria: AFFF firefighting foam lawsuit eligibility.
- Review broader exposure claims: PFAS cancer lawsuit eligibility.
- Organize your claim factors: use the PFAS settlement calculator.
- See what the record shows on payouts: review PFAS settlement amounts.
- Not sure which claim applies? browse active personal injury lawsuits.
Gather what you can — work or military records, medical records, and any evidence of contaminated water — and speak with an attorney promptly, because filing deadlines are set by state law and vary.
PFAS Lawsuit Update: Frequently Asked Questions (October 2026)
What is the latest PFAS lawsuit update?
As of October 1, 2026, AFFF MDL 2873 had 15,264 pending cases. No personal-injury settlement has been announced, no bellwether trial date is set, and the parties are in court-ordered settlement talks with a mediator.
SourceJPML MDL report1 Oct 20263M Form 10-QJul 2026
Has there been a PFAS personal-injury settlement?
Not in the AFFF MDL. The settlements so far — 3M, DuPont/Chemours/Corteva, Tyco and BASF — resolve public water system claims, and North Carolina’s September 2026 settlement resolves the state’s and local governments’ claims.
SourceBASF21 May 2024DuPont press release10 Sep 2026
How much are AFFF settlement amounts?
No personal-injury settlement has been announced, so there is no published per-person amount. Any payout figure you see online is a projection, not a reported settlement value.
Which conditions are in the firefighting foam lawsuit?
Case Management Order 35 lists kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, liver cancer and thyroid cancer as the Listed Claims.
SourceD.S.C. CMO 3515 Aug 2025
When is the first PFAS personal-injury trial?
No date is set. 3M reported in July 2026 that no new trial date has been set, and Corteva said in October 2026 that it expects the first bellwether personal-injury trial to be scheduled for 2027.
Source3M Form 10-QJul 2026Corteva SEC filing1 Oct 2026
Is it too late to file a PFAS lawsuit in 2026?
Possibly not, but deadlines are set by state law and vary, and some run from when you knew or should have known about the injury. Speak with an attorney quickly to protect your rights.
Get a Free PFAS / AFFF Case Review
Review your exposure, diagnosis, and potential claim factors. You can begin with the PFAS settlement calculator or request a confidential case review.
Related PFAS and AFFF Resources
- PFAS Cancer Lawsuit 2026: Exposure, Eligibility, and Claims
- AFFF Firefighting Foam Lawsuit 2026
- PFAS Settlement Calculator
- PFAS Settlement Amounts
- Guide to PFAS Lawsuit Settlement Estimates
- How to Find the Best PFAS Lawyer for Your Case
- Latest PFAS Lawsuit Updates for Firefighters
- Active Personal Injury Lawsuits
Primary sources
- Judicial Panel on Multidistrict Litigation, Pending MDL Dockets by Actions Pending — report dated October 1, 2026 (MDL 2873: 15,264 pending, 19,840 total)
- MDL 2873 Case Management Order 33.F, ECF 11298 — August 31, 2026
- MDL 2873 Case Management Order 26.O, ECF 10497 — July 30, 2026
- MDL 2873 Case Management Order 35, ECF 7823 — August 15, 2025
- 3M Company Form 10-Q, commitments and contingencies note — period ended June 30, 2026
- The Chemours Company Form 10-Q, commitments and contingent liabilities note — period ended June 30, 2026
- New Corteva interim combined financial statements — six months ended June 30, 2026, filed October 1, 2026
- DuPont, Chemours and Corteva, North Carolina settlement press release (SEC exhibit 99.1) — September 10, 2026
- 3M, settlement with public water suppliers — April 1, 2024
- Chemours, DuPont and Corteva settlement with U.S. water systems — June 2, 2023
- Johnson Controls International Form 10-Q, Tyco Fire Products water-system settlement — period ended June 30, 2026
- BASF Corporation, class settlement with U.S. public water systems — May 21, 2024
- U.S. EPA, Proposed PFOA and PFOS Compliance Extension Rule — page updated October 8, 2026
- Federal Register 2026-10085, proposed rescission for four PFAS — May 20, 2026
- IARC Monographs evaluation of PFOA and PFOS (Volume 135) — December 1, 2023
- U.S. Geological Survey, tap water PFAS study — July 5, 2023
Published by Mason Arnao. This article is general information, not legal advice, and nothing on it is a guarantee of any recovery. TortAdvisor is not a law firm. Filing deadlines vary by state — consult a licensed attorney about your situation.
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