Important updates in the AFFF lawsuits: What firefighters and service members should know

As the legal battle associated with this issue intensifies, two pivotal developments in the ongoing AFFF multidistrict litigation (MDL No. 2873) are set to unfold. These updates can reshape the criteria for who qualifies for compensation, as well as how the court will process the filed claims.

Science Day could expand the list of eligible cancers

The federal court overseeing AFFF MDL has issued Case Management Order No. 33, scheduling Science Day on June 20, 2025. This non-adversarial session is a significant step in the process of settling AFFF-related lawsuits. Yet the court emphasized that this would not be a trial and no decisions would be made that day. Instead, it will provide plaintiffs and defendants with a crucial opportunity to present the latest medical and environmental research concerning the long-term health effects of 'forever chemicals.' Essentially, the event intends to give the judge a clear and science-based understanding of how PFAS exposure may result in certain types of cancer.

Science Day will specifically center on the connection between AFFF exposure and the development of the following cancers:

• Liver cancer
• Thyroid cancer
• Potentially other cancers (if scientific evidence strongly supports this)

Science Day matters because it brings scientific evidence to the forefront of the legal process, helping the judge better understand how PFAS behave in the body and the environment. Depending on the presentations discussed, this event could potentially lead to the recognition of additional types of cancer in the MDL - something many victims of exppsure have been waiting for so long. It also signals that, after months of procedural delays, the court is now refocusing on the human impact of PFAS exposure.

New filing requirements under Case Management Order No. 5G

In addition to Science Day, the court recently issued Case Management Order No. 5G, which changes how personal injury plaintiffs submit their exposure and injury information. At the center of this update is the governance, procedure, and completion of Amended Personal Injury Plaintiff Fact Sheets (PFS). Unlike the old PFS, this revised document is more thorough and must be completed and submitted through a centralized online portal (unless claimants represent themselves, in which case they can email the form).

The new sheet requires much more than before. Here's what's new:

• The form asks for more specifics, such as:

• Basic personal info
• How and when were you exposed to AFFF
• What illnesses are you claiming (like kidney cancer, thyroid disease)
• Where you worked (fire stations, military bases, etc.)
• Financial damages, including lost wages or medical bills

• All questions must be "substantially" answered, even if your response is 'not applicable' or 'don't remember.'
• Supporting documents like medical records, test results, and proof of exposure, must be attached.
• Once the court approves the online portal system, law firms representing plaintiffs will have 30 to 60 days to register and upload their documents. Claimants will then have 60 days from the court order date (December 3, 2024) to submit the new form. Failure to meet these deadlines may result in the claim being labeled 'non-compliant.'

This change matters because it ensures the court receives consistent and complete information from every plaintiff. That consistency is essential as the court prepares to evaluate thousands of cases and potentially schedule future trials. It also means that plaintiffs who fail to submit the form correctly or skip questions risk having their cases delayed or dismissed. For those who developed cancer or chronic illness due to PFAS exposure, getting this right is critical.

What the new updates mean for AFFF plaintiffs

For firefighters, service members, and their families affected by PFAS, these updates represent meaningful progress in lawsuits that have been pending for years. Science Day could validate a broader range of cancers, recognizing that PFAS exposure can cause more illnesses than what the MDL currently acknowledges. At the same time, the court's new submission rules mean that every detail matters. It also reinforces the reasonable need for plaintiffs to be thorough, accurate, and timely to ensure their voices are heard.

Both developments demonstrate that the court now pays more attention to the harm endured by people exposed to dangerous chemicals while serving their communities or the country. Similarly, they highlight the critical importance of working with experienced legal teams who understand the complexities of this litigation and can ensure every detail of your case is handled correctly.

Reliable legal support for AFFF-exposed victims

If you are a firefighter or service member who has been exposed to PFAS-laden AFFF and later diagnosed with a serious illness such as cancer, you may have the right to seek compensation from responsible manufacturers. Holding these companies accountable may not undo the harm, but it may help ease the financial and emotional burden caused by your life-changing diagnosis.

ELG Law has extensive experience representing victims of environmental toxic exposure, including those impacted by AFFF exposure. We have filed numerous personal injury cases on behalf of firefighters, military personnel, and civilians in the country. As active participants in the nationwide litigation, we are committed to fighting for those compromised in the line of duty.