Aqueous Film-Forming Foams (AFFF) Products Liability Litigation
MDL No. 2873

Introduction


This multidistrict litigation is currently comprised of approximately two hundred cases pending before this Court. Additional cases are expected to be filed or transferred to this Court in the coming months. These cases all involve varied causes of action and claims relating to per- or polyfluoroalkyl substances (PFAS). Plaintiffs generally allege that aqueous film-forming foams (AFFFs) containing perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS), two types of PFAS, contaminated groundwater near various military bases, airports, and other industrial sites where AFFFs were used to extinguish liquid fuel fires. The plaintiffs allege that they were caused personal injury, a need for medical monitoring, property damage or other economic losses.

The Judicial Panel on Multidistrict Litigation determined that the AFFF cases filed involved common questions of law and fact such that centralization of the cases was appropriate. Weighing a number of factors, the Judicial Panel selected the District of South Carolina as the forum for this litigation. These cases have been assigned to the Honorable Richard M. Gergel for coordinated discovery and pretrial matters

On January 2, 2019, the Court issued Case Management Order (CMO) No. 1, which provides initial details regarding case consolidation and related organizational matters. This CMO, and all issued CMOs, may be found on this website's Orders page. On February 25, 2019, the Court conducted the initial status conference, at which plaintiffs' and defendants' leadership structure and related matters were discussed. Information on this status conference, and other related events, may be found on this website's Current Developments page.