First US Trial in PFAS Foam Lawsuit on Hold to Vet Case Load

A federal district judge paused the first bellwether personal injury trial in national PFAS litigation so all parties can determine how many individuals’ lawsuits qualify for the legal action.

US District Judge Richard M. Gergel on Aug. 15 vacated the Oct. 20 trial and related actions “until such time as the court deems appropriate.”

Individuals who drank or were exposed to water contaminated by aqueous film-forming foams containing PFAS are seeking damages from companies, including the 3M Co and E.I. du Pont de Nemours and Co., that have either produced the chemicals or the foams containing the highly persistent “forever chemicals” that scientists associate with varied illnesses.

Gergel’s 11-page order directed plaintiffs’ counsel to file their clients cases in the multidistrict litigation within 21 days. It also detailed the evidence of diagnosis, drinking water exposure, and other information required to ensure cases are properly filed and vetted.

The court-appointed attorneys that are leading the plaintiffs’ and defendants’ legal teams must report progress to the court over the next two months, so it can decide how to proceed.

The court’s action followed the defense team last month alerting the court that there could be thousands of unfiled claims involving the six medical conditions being considered in the case.

“The sudden aggregating of a large number of unfiled personal injury claims has the potential of disrupting the orderly operation of the MDL and undermining ongoing settlement discussions among the parties,” Gergel wrote in July.

If the defendents’ attorneys accurately portrayed the situation, the plaintiffs’ attorneys should have told the court about the unfiled claims, he said.

The case is In Re Aqueous Film-Forming Foams Products Liability Litigation MDL 2873, D.S.C., No. 18-mn-02873, Order Issued, 8/15/25.