The 2025 judicial wins and developments in AFFF litigation - including the broader scientific recognition of PFAS-related illnesses and the major financial settlements tied to military bases like the 3M New Jersey deal will make a stronger case for Jones Act claims.
Seamen may now have a more favorable track to compensation, as their exposure aboard vessels aligns with the new wave of technical expertise and legal precedents surrounding the massive MDL litigation in early 2026. As we enter 2026, PFAS-related litigation has reached record heights. The public spotlight is massively centered on military base groundwater, but the lessons from these cases are now informing maritime claims and setting important precedents.
Land-based AFFF cases, in particular, produced key outcomes that seamen can use to support their Jones Act claims.
Key court milestones that set the stage for 2026 maritime compensation
The Aqueous Film-Forming Foams Products Liability Litigation (MDL 2873) has seen explosive growth. As of January 2026, there are over 15,334 pending cases in the federal court District of South Carolina, and they are expected to rise significantly by the end of 2026.
Seamen can approach claims for early 2026 with these key developments in mind:
- June 20, 2025: The Science Day Precedent: Judge Richard Gergel dedicated a "Science Day" to present expert evidence linking PFAS exposure to liver and thyroid cancers. The session gave way to recognition of additional injuries.
- What it means for seamen: Even though "Science Day" was focused on non-maritime plaintiffs, seamen can use the scientific proof to support their claims under the Jones Act. As a seaman, you'd no longer have to prove toxicity from scratch, as the courts have already accepted the evidence.
- September 5, 2025: This marked a critical deadline for law firms to file unsubmitted claims and keep them on a faster path forward.
- October 2025: Judge Richard Gergel focused the first bellwether trials on kidney cancer claims, which serve as "test cases" whose verdicts will be used to set the settlement values for the thousands of cases to follow.
- What it means for seamen: The bellwether trials offer legal and financial references. For seamen exposed to AFFF aboard vessels, this helps set clear expectations for potential payouts under the Jones Act.
- January 1, 2026: A major regulatory change happened. The IMO (International Maritime Organization) officially prohibited the use and storage of PFOS-containing media aboard vessels. This mandate forces shipowners to replace old foam stocks and acknowledges the hazard these chemicals pose to crews.
- What it means for seamen: The IMO ban makes it clear that shipowners can no longer legally store or use PFOS-containing firefighting foam on vessels. For seamen, this ban shows that vessels previously equipped with AFFF, without protective equipment or measures that limit exposure, were unseaworthy, giving a solid basis to claim employer negligence under the Jones Act.
How military lawsuit victories may help seamen win their case in 2026
The legal battles against major chemical manufacturers are not exclusively reserved for service members at military bases. In fact, the success achieved by these veterans in 2025 has brought to light evidence that seamen may rely on as a shortcut to compensation under the Jones Act. Here are the parallels proving that your exposure on a vessel is just as severe and comparable to conditions at military bases, which have already resulted in significant settlements and continue to yield substantial payouts.
Aerosol exposure and Louisiana firefighter settlements
- At military bases (Barksdale, June 2025): Expert reports showed that AFFF can vaporize in huge concentrations - up to 1.1 million parts per trillion (ppt) in some areas. These findings contributed to large settlements for Air Force personnel with thyroid and respiratory illnesses
- For seamen: Engine rooms and confined compartments aboard vessels can generate similar or higher concentrations of airborne AFFF. Maritime lawyers can use this precedent to argue unseaworthiness, which may support payouts comparable to those of military settlements.
System failures and the Brunswick $450 million settlement
- At military bases (Brunswick, March 2025): Investigations revealed AFFF leaks and outdated fire suppression systems. This case was essential in pressuring companies like 3M to finalize settlements worth $450 million in the second half of 2025 to avoid extended litigation.
- For seamen: Many vessels use similar outdated systems, for which shipowners can be held liable under the Jones Act. Seamen can reference the Brunswick settlement to support higher payouts.
The Bellwether trials
- Military bases (Science Day, June 2025): Courts accepted that expert evidence linking PFAS exposure to liver and thyroid cancers. Even though no official framework for bellwether settlements exists, analysts estimate that personal injury claims may vary between $150,000 and $375,000, based on early case patterns and outcomes in similar torts.
- For seamen: Seamen can leverage these scientific findings to demonstrate exposure-related injuries. The price projections offer reference points to attorneys who pursue compensation under the Jones Act and help determine potential payouts without having to prove toxicity from zero.
The government has declared that AFFF on land created a national crisis. Consequently, its use within the confines of an engine room represents, without a doubt, a health disaster for the crew.
Contact ELG for an evaluation of your Jones Act claim
If you wish to obtain compensation for your illness, which may be exposure-related, you may come across many obstacles and complicated procedures. In 2026, shipowners and agencies can attempt to reclassify your status or minimize the severity of your exposure to diminish their own liability.
ELG can help you file a successful Jones Act claim by using the precedents established in the 2025 land-based trials. Our lawyers will evaluate your case and help you pursue maximum compensation for the damages you suffered from maritime exposure.
