PFAS Water Contamination Court Filings & Case Management Orders (CMOs)
PFAS Water Contamination Lawsuit Case Management Orders (MDL 2873)
Case at a Glance
On December 7, 2018, the Judicial Panel on Multidistrict Litigation (JPML) centralized federal lawsuits involving per- and polyfluoroalkyl substances (PFAS) in aqueous film-forming foams (AFFF) in the District of South Carolina as MDL No. 2873, captioned In re: Aqueous Film-Forming Foams products Liability Litigation. The litigation encompasses claims brought by public water providers whose municipal wells and drinking water systems were contaminated, as well as thousands of individual personal injury claims filed by civilian firefighters, military personnel, and private residents exposed to toxic “forever chemicals” through firefighting foam and protective turnout gear. Long-term exposure to PFAS has been linked to severe health conditions, including kidney cancer, testicular cancer, prostate cancer, thyroid disease, and ulcerative colitis. The MDL is presided over by Judge Richard M. Gergel in Charleston, South Carolina. While landmark multi-billion-dollar settlements were reached to remediate municipal water systems, the personal injury and firefighter turnout gear tracks have continued separately. On November 3, 2026, Negotiating Plaintiffs’ Counsel and 3M entered a Master Settlement Agreement to resolve eligible personal injury claims against 3M. The most recent case management orders on this page, entered on November 4, 2026, implement that agreement: CMO 39 requires counsel to identify eligible claimants by November 13, 2026, and CMO 40 sets requirements for plaintiffs who do not participate and stays personal injury proceedings against 3M. Claims against other defendants are not stayed. Earlier orders established strict disclosure deficiency protocols and standardized dismissal procedures (CMO 37, February 25, 2026). Nigh Goldenberg Raso & Vaughn (NGRV) is actively representing and accepting inquiries from individuals and families harmed by toxic PFAS exposure.
This page is a central repository for the case management orders (CMOs), scheduling orders, and key judicial filings in MDL 2873. The litigation has been active since late 2018, with the court entering dozens of case management orders governing water provider bellwethers, personal injury trial pools, scientific expert proceedings, and defense protocols. Following these orders is the most reliable way to stay informed about the progress of the PFAS water contamination and firefighter litigation. Our legal team regularly updates this page as new orders are entered. For background on the claims, see our PFAS Water Contamination Lawsuit page.
Need Legal Representation for a PFAS Water Contamination or Firefighter Claim?
If you or a loved one was diagnosed with kidney cancer, testicular cancer, thyroid disease, ulcerative colitis, or other serious illness after occupational exposure to AFFF foam, turnout gear, or contaminated drinking water, visit our main PFAS Water Contamination Lawsuit page or call or text (202) 792-7927 for a free, confidential case evaluation.
Important: If you suspect your municipal tap water or private drinking water well has been impacted by PFAS contamination, contact your local public water supplier or state environmental protection agency for testing results and filtration recommendations. A legal consultation does not replace medical advice or environmental testing.
Master Docket Information
Key Developments and Case Status
Where the Case Stands
- Water Provider Settlements vs. Personal Injury: The court approved historic multi-billion-dollar settlements with major chemical manufacturers—including 3M ($10.3 billion to $12.5 billion), DuPont/Chemours/Corteva ($1.185 billion), and Tyco Fire Products ($750 million)—to assist public water suppliers in detecting and filtering PFAS out of drinking water systems nationwide. These settlements addressed public water authority claims and did not settle personal injury or individual medical claims.
- 3M Personal Injury Settlement (November 2026): On November 3, 2026, Negotiating Plaintiffs’ Counsel and 3M entered a Master Settlement Agreement to resolve eligible personal injury claims against 3M. On November 4, 2026, the court entered CMO 39, an identification order requiring counsel to identify eligible claimants through the AFFF MDL Personal Injury Portal by November 13, 2026, and CMO 40, which governs plaintiffs who do not participate in the settlement and stays personal injury proceedings against 3M. Claims against other defendants are not stayed, and identification under CMO 39 does not require any claimant to join the settlement.
- Personal Injury Bellwether Program: Under CMO 26, CMO 26E, CMO 26K, and CMO 35, the court structured a phased bellwether program for personal injury cases. The initial discovery pools (Tier 2 Groups A and B) focus on plaintiffs diagnosed with designated conditions including kidney cancer, testicular cancer, thyroid disease, and ulcerative colitis resulting from direct occupational foam exposure or drinking contaminated water.
- Firefighter Turnout Gear Claims: Under CMO 36 (entered August 22, 2025) and CMO 5F (February 26, 2024), the court formalized jurisdiction and disclosure protocols for personal injury actions alleging toxic exposure from PFAS chemicals integrated into firefighter turnout gear (protective coats and pants).
- Mandatory Fact Sheet Compliance: Under CMO 37 (February 25, 2026), the court established rigid procedures and standardized dismissal protocols for personal injury claims where plaintiffs fail to meet mandatory Plaintiff Fact Sheet (PFS) and record disclosure deadlines.
Case History
Major milestones, newest first. The complete list of court orders follows in the next section.
- November 4, 2026Following the November 3, 2026 Master Settlement Agreement between Negotiating Plaintiffs’ Counsel and 3M for eligible personal injury claims, the court entered CMO 39, an identification order for eligible claimants, and CMO 40, a case management order for ongoing and future personal injury litigation against 3M that includes a stay of proceedings against 3M.
- February 25, 2026The court issued Case Management Order No. 37 establishing protocols for addressing non-compliance with personal injury disclosure requirements, alongside Exhibits A and B (standardized templates for voluntary dismissal).
- August 22, 2025
- August 5, 2025Judge Gergel issued CMO 26K establishing scheduling deadlines governing the Group B personal injury bellwether trial pool cases.
- March 26, 2025CMO 33 expanded the eligible injury categories for personal injury bellwether consideration.
- October 8, 2024The court entered CMO 26E setting trial pool scheduling for Tier 2 Group A and Group B personal injury bellwether cases.
- February 26, 2024Judge Gergel entered CMO 5F establishing specialized Plaintiff Fact Sheets tailored specifically to firefighter turnout gear claims.
- Summer / Fall 2023The court granted preliminary and subsequent final approvals to nationwide class action settlements with 3M ($10.3B–$12.5B) and DuPont/Chemours/Corteva ($1.185B) resolving public water provider contamination claims.
- May 5, 2023The court entered CMO 26 establishing the Second Bellwether Program focused directly on initial personal injury claims.
- September 16, 2022Judge Gergel denied defendants’ motions for summary judgment based on the “government contractor defense” in the lead water provider bellwether case (City of Stuart), establishing that manufacturers cannot shield themselves when they withheld known toxicity data from the military.
- December 28, 2020The court entered CMO 13 establishing the initial bellwether discovery pool selection and trial protocols for water provider cases.
- December 7, 2018The JPML centralized all federal AFFF/PFAS cases in the District of South Carolina before Judge Richard M. Gergel. CMO 1 followed on January 2, 2019.
Court Orders and Filings
58 orders and key exhibits listed, newest first. Orders are sorted by the date entered.
2026
- 11/04/2026 LatestCase Management Order No. 40 (Docket No. 11964) [PDF]Governs personal injury plaintiffs suing 3M who do not join the 3M settlement, including fact sheet supplements, records, expert reports, and a stay of proceedings against 3M.
- 11/04/2026Case Management Order No. 39 (Docket No. 11962) [PDF]Identification Order requiring counsel for eligible personal injury claimants to identify them through the AFFF MDL Personal Injury Portal by November 13, 2026.
- 02/25/2026Exhibits A & B to CMO 37 – Standardized Templates for Voluntary Dismissal of Actions and Individual Plaintiffs [PDF]Standardized dismissal forms adopted for personal injury plaintiffs withdrawing claims or non-compliant actions.
- 02/25/2026Case Management Order No. 37 – Procedures for Addressing Non-Compliance with Personal Injury Disclosure Requirements & Dismissal ProtocolsGoverns cure procedures, show cause motions, and dismissals for failure to timely complete Plaintiff Fact Sheets.
2025
- 08/22/2025Case Management Order No. 36 – Jurisdiction and Removal of PFAS Personal Injury Cases Including Turnout Gear Claims [PDF]Addresses federal subject matter jurisdiction and removal standards for personal injury cases including protective gear.
- 08/22/2025Case Management Order No. 35 – Amendments to Bellwether Trial Selection Process, Updated Discovery Protocols & Expert Disclosure Deadlines [PDF]Updates personal injury bellwether discovery schedules, selection mechanisms, and liability expert deadlines.
- 08/11/2025Case Management Order No. 34 (Docket No. 7754) [PDF]Administrative order updating litigation schedule and managing pretrial submissions.
- 08/05/2025Case Management Order No. 26K – Scheduling Order Governing Group B Personal Injury Bellwether Trial Pool Cases [PDF]Sets depositions, expert reports, and dispositive motion schedules for Group B personal injury bellwethers.
- 06/13/2025Case Management Order No. 6.J – Alternative Service on Defendants [PDF]Approves electronic and waiver-based alternative service mechanisms for newly named corporate defendants.
- 04/01/2025Case Management Order No. 32 – Approval of Real Property Product ID Sites [PDF]Approves sites for testing and product identification relating to real property contamination claims.
- 03/26/2025Case Management Order No. 33 – Update on Personal Injury Bellwether Cases and Injury List Expansion [PDF]Expands the diagnostic scope and case pool eligible for personal injury bellwether selection.
- 03/10/2025Case Management Order No. 31B – Amended Deadlines for Plaintiff Profile and Fact Sheet Submissions [PDF]Extends deadlines for plaintiffs to serve core profile questionnaires and complete fact sheet packets.
- 01/15/2025Case Management Order No. 31A – Revised Deadlines for Plaintiff Profile Form (PPF) and Amended PI Fact Sheet Submission [PDF]Revises scheduling timetable for personal injury disclosures and amended profile requirements.
2024
- 10/30/2024Case Management Order No. 6.I – Alternative for Service of Process on Defendants [PDF]
- 10/15/2024Case Management Order No. 31 – Procedure and Schedule for Completion of Plaintiff Profile Forms [PDF]
- 10/08/2024Case Management Order No. 26E – Initial Personal Injury Bellwether Trial Pool Scheduling for Tier 2 Group A and Group B [PDF]
- 09/09/2024Case Management Order No. 22.B – Deposition of Potential Trial Witnesses for Tier Two Personal Injury Bellwether Trial Pool Cases [PDF]
- 08/20/2024Case Management Order No. 28A – Extension of Deadline for Dismissals of Unlisted Claims [PDF]
- 07/23/2024Case Management Order No. 6.H – Alternative for Service of Process on Defendants [PDF]
- 07/19/2024Case Management Order No. 27-I – Telomer AFFF Bellwether Program Expert Deadlines & Trial Schedule [PDF]
- 05/28/2024Case Management Order No. 30 – Protocol for Dismissing Unlisted Personal Injury Claims in PFAS Water Contamination Lawsuit [PDF]
- 05/20/2024Case Management Order No. 27H – Telomer AFFF Bellwether Program Expert Deadlines & Trial Schedule [PDF]
- 05/15/2024Second Amended Case Management Order No. 28 – Unlisted Claims and Dismissal Deadlines [PDF]
- 05/07/2024Case Management Order No. 26D – Scheduling Order Governing Initial Personal Injury Bellwether Trial Pool Cases [PDF]
- 04/25/2024Case Management Order No. 29 – Appointment of Counsel to Plaintiffs’ and Defendants’ Leadership Positions [PDF]
- 04/23/2024Case Management Order No. 25B – Stipulated Amended Protocol for the United States of America’s Jurisdictional Motions [PDF]
- 04/22/2024Case Management Order No. 27G – Telomer AFFF Bellwether Program Expert Deadlines & Trial Schedule [PDF]
- 04/09/2024Case Management Order No. 27F – Protocol for Rule 12(b) Defenses in Telomer Water Provider Tier Two Cases [PDF]
- 04/09/2024Amended Case Management Order No. 28 – Unlisted Claims Procedures & Deadlines [PDF]
- 03/19/2024Case Management Order No. 22-A – Protocol Regarding Expert Witness Depositions and Witnesses Not Previously Deposed [PDF]
- 03/13/2024Case Management Order No. 28 – Unlisted Claims and Deadlines for Dismissals [PDF]
- 03/07/2024Case Management Order No. 25A – Stipulated Amended Protocol for the Schedule for the United States of America’s Jurisdictional Motions [PDF]
- 02/26/2024Case Management Order No. 5F – Turnout Gear Plaintiff Fact Sheets [PDF]
- 02/09/2024Case Management Order No. 12.C – Tolling of Claims Against Certain Defendants [PDF]
- 02/06/2024Case Management Order No. 27E – Telomer AFFF Bellwether Program Expert Deadlines & Trial Schedule [PDF]
2023
- 12/29/2023Case Management Order No. 26.C-1 – Ex Parte Contact with Plaintiffs’ Healthcare Providers [PDF]
- 12/19/2023Case Management Order No. 27D – Telomer AFFF Bellwether Program Tier Two Case Selection [PDF]
- 12/19/2023Case Management Order No. 26.C – Core Discovery in Initial Personal Injury Bellwether Discovery Pool Cases [PDF]
- 12/04/2023Case Management Order No. 26B – Amendments to Second Bellwether Program: Initial Personal Injury Claims [PDF]
- 11/30/2023Case Management Order No. 27C – Telomer Water Provider Tier Two Proposals & Deposition Plan Deadline [PDF]
- 11/27/2023Case Management Order No. 27B – Telomer Water Provider Tier Two Proposals & Deposition Plan Deadline [PDF]
- 11/03/2023Case Management Order No. 27A – Telomer Water Provider Tier Two Deposition Plan Deadline [PDF]
- 10/26/2023Case Management Order No. 4.D – Amended Protective Order [PDF]
- 10/13/2023Case Management Order No. 6.G – Alternative for Service of Process on Defendants [PDF]
- 10/02/2023Case Management Order No. 26A – Amendments to Second Bellwether Program: Initial Personal Injury Claims [PDF]
- 09/13/2023Case Management Order No. 27 – Telomer AFFF Bellwether Program Selection, Discovery, and Trial Schedule [PDF]
- 08/24/2023Case Management Order No. 4.C – Third Amendment to Protective Order (TOG Competitor Confidentiality) [PDF]
- 05/05/2023Case Management Order No. 26 – Second Bellwether Program: Initial Personal Injury Claims [PDF]
- 04/24/2023Case Management Order No. 25 – Protocol for the Schedule for the United States of America’s Jurisdictional Motions [PDF]
- 03/02/2023Case Management Order No. 19G – Supplemental Scheduling Order Governing First Water Provider Bellwether Trial [PDF]
2022
- 11/02/2022Case Management Order No. 4.B – Second Amendment to Protective Order [PDF]
- 10/26/2022Case Management Order No. 2.B – Mediation Authority & Appointment of Court-Appointed Mediator [PDF]
- 10/24/2022Case Management Order No. 19.F – Sixth Amended Scheduling Order Governing First Water Provider Bellwether Trial [PDF]
- 08/19/2022Case Management Order No. 19-E – Fifth Amended Scheduling Order Governing First Water Provider Bellwether Trial [PDF]
- 08/01/2022Case Management Order No. 19-D – Fourth Amended Scheduling Order Governing First Water Provider Bellwether Trial [PDF]
- 06/22/2022Case Management Order No. 6.F – Alternative for Service of Process on Additional Defendants [PDF]
- 05/05/2022Case Management Order No. 19-C – Third Amended Scheduling Order Governing First Water Provider Bellwether Trial [PDF]
- 04/07/2022Case Management Order No. 16.D – Protocol for Supplemental Briefing of Dispositive Motions on the Government Contractor Defense [PDF]
- 03/30/2022Case Management Order No. 24 – Appointment of Plaintiffs’ and Defendants’ Leadership, Liaison, and Committee Positions for March 2022–March 2023 Term [PDF]
- 03/22/2022Case Management Order No. 19-B – Second Amended Scheduling Order Governing First Water Provider Bellwether Trial [PDF]
- 02/24/2022Case Management Order No. 23 – Regarding Fraudulent Transfer Claims Deadlines [PDF]
- 02/14/2022Case Management Order No. 22 – Protocol for Expert Witness Depositions and Non-Deposed Trial Witnesses in Tier Two Water Provider Bellwether Cases [PDF]
2021
- 12/02/2021Case Management Order No. 21 – Joint Sampling Protocol for Environmental Media [PDF]
- 11/30/2021Case Management Order No. 19-A – Amended Scheduling Order Governing First Water Provider Bellwether Trial [PDF]
- 11/23/2021Case Management Order No. 20 – General Denial and Preliminary Statement of Affirmative Defenses in Lieu of Answers [PDF]
- 10/22/2021Case Management Order No. 16C – Second Amended Protocol for Initial Briefing of Dispositive Motions on the Government Contractor Defense [PDF]
- 09/13/2021Case Management Order No. 16.B – Amended Protocol for Initial Briefing of Dispositive Motions on the Government Contractor Defense [PDF]
- 08/25/2021Case Management Order No. 16.A – Amended Schedule for Briefing Dispositive Motions on Government Contractor Defense [PDF]
- 08/19/2021Case Management Order No. 6.E – Alternative for Service of Process on Defendants (Amended) [PDF]
- 08/16/2021Case Management Order No. 15.A – Appointment of Counsel to Defense Coordination Committee [PDF]
- 08/11/2021Case Management Order No. 19 – Scheduling Order Governing First Water Provider Bellwether Trial [PDF]
- 07/15/2021Case Management Order No. 11B – Remote Depositions – Objections Omitted from Record [PDF]
- 06/08/2021Case Management Order No. 18.A – Appointment of Special Master [PDF]
- 05/19/2021Case Management Order No. 18 – Notice for Appointment of Special Master [PDF]
- 05/12/2021Case Management Order No. 17 – Procedure Governing Motions to Seal [PDF]
- 04/16/2021Case Management Order No. 4.A – Amended Protective Order for Confidential Discovery Materials [PDF]
- 04/15/2021Case Management Order No. 16 – Protocol and Schedule for Briefing Dispositive Motions on Government Contractor Defense [PDF]
- 03/30/2021Case Management Order No. 13.A – Rule 12(b)(1) and 12(b)(2) Motions for Bellwether Discovery Pool Cases [PDF]
- 03/24/2021Case Management Order No. 15 – Appointment of Counsel to Plaintiffs’ and Defendants’ Leadership and Committees [PDF]
- 03/10/2021Case Management Order No. 5E – Amended Procedure to Move to Reinstate a Claim That Was Dismissed Without Prejudice Pursuant to Case Management Order No. 5 [PDF]
- 02/26/2021Case Management Order No. 5D – Defense Fact Sheets for Non-AFFF Manufacturer Defendants [PDF]
- 02/08/2021Case Management Order No. 11A – Remote Depositions – Documents Used to Prepare for Testimony [PDF]
- 02/02/2021Agreement and Stipulated Order for Exceptions to Case Management Order No. 4 (Buckeye Project Files) [PDF]
- 01/26/2021Case Management Order No. 6.D – Alternative for Service of Process on Additional Defendants [PDF]
- 01/15/2021Case Management Order No. 14 – Organization of Plaintiffs’ Counsel [PDF]
2020
- 12/28/2020Case Management Order No. 13 – Initial Bellwether Selection and Protocols [PDF]
- 11/12/2020Case Management Order No. 6.C – Alternative for Service of Process on Additional Defendants [PDF]
- 10/05/2020Case Management Order No. 3F – Tolling of Statutes of Limitations and Additional Parties [PDF]
- 08/19/2020Case Management Order No. 6.B – Alternative for Service of Process on Additional Defendants [PDF]
- 08/19/2020Case Management Order No. 3E – Leave to Amend Complaints [PDF]
- 07/23/2020Case Management Order No. 6.A – Alternative Service of Process for Additional Defendants [PDF]
- 07/23/2020Case Management Order No. 5C – State Government Plaintiff Fact Sheets [PDF]
- 06/19/2020Case Management Order No. 11 – Remote Depositions [PDF]
- 05/28/2020Case Management Order No. 3D – Leave to Amend Complaints (Defendants Addition) [PDF]
- 04/30/2020Case Management Order No. 5A – Procedure for Fact-Sheet Extension Requests & Identification of New AFFF-Contamination Sites by Plaintiffs’ Counsel [PDF]
- 03/30/2020Case Management Order No. 10.A – Appointment of Additional Counsel to Plaintiffs’ Executive Committee [PDF]
- 03/23/2020Case Management Order No. 10 – Appointment of Counsel to Plaintiffs’ and Defendants’ Leadership, Liaison, and Committees [PDF]
- 03/18/2020Case Management Order No. 9 – Procedure for Exchange of Third-Party Subpoena Documents [PDF]
- 03/18/2020Case Management Order No. 5B – Procedure for Defendants to Share Costs Associated with PFS Processing, Review, and Storage [PDF]
2019
- 11/01/2019Case Management Order No. 8 – Protocol for Privileged Information [PDF]
- 11/01/2019Case Management Order No. 7 – Appointment of Additional Defendants’ Coordination Committee Members [PDF]
- 10/04/2019Case Management Order No. 6 – Alternative Service of Process for Defendants [PDF]
- 10/04/2019Case Management Order No. 3.C – Tolling of Statutes of Limitations and Additional Parties [PDF]
- 08/07/2019Case Management Order No. 5 – Plaintiff & Defense Fact Sheets Procedures, Authorizations & Scope [PDF]
- 08/06/2019Case Management Order No. 3.B – Deadline for Adding New Parties [PDF]
- 06/26/2019Case Management Order No. 2.A – Amendment on Motions Practice Protocol [PDF]
- 06/07/2019Case Management Order No. 3.A – Deadline for Adding New Parties [PDF]
- 04/26/2019Case Management Order No. 3 – Applicability, Scope, and Appointment of Additional Committee Members [PDF]
- 03/20/2019Case Management Order No. 2 – Organization of Plaintiffs’ Counsel and Leadership Appointments [PDF]
- 01/02/2019Case Management Order No. 1 – Pretrial Consolidation and Initial Status Conference [PDF]
Note: New case management orders, amendments, and scheduling entries will continue to be added to the top of this list as Judge Gergel signs and dockets them. Case management orders are numbered consecutively from CMO 1 through CMO 37, with lettered amendments and companion orders.
Other PFAS MDL 2873 Documents
These key standardized forms, questionnaires, and reference protocols are utilized by plaintiffs and litigants across MDL 2873.
- Standardized Templates for Voluntary Dismissal (Exhibits A & B to CMO 37)Official court-approved templates for dismissals of actions without prejudice or dismissals of individual plaintiffs. See CMO 37.
- Turnout Gear Plaintiff Fact Sheet (CMO 5F)The standardized questionnaire completed by firefighters asserting personal injury claims arising from chemical exposure in protective turnout gear.
- Plaintiff Profile Form & Schedule (CMO 31, 31A, 31B)The core intake disclosure form and scheduling orders requiring detailed product identification, employment histories, and medical records.
- Joint Sampling Protocol for Environmental Media (CMO 21)The governing scientific protocol established by the court for taking soil, surface water, and groundwater samples at contaminated sites.
- Master Discovery Protective Orders (CMO 4 Series)Confidentiality orders governing the handling, exchange, and protection of proprietary chemical formulations and corporate discovery.
Orders by Topic
Due to the scale of MDL 2873 spanning public water authorities, military bases, firefighter gear, and individual toxic exposures, the court’s orders are categorized below by subject matter.
| Topic | Orders | What they address |
|---|---|---|
| Centralization, Leadership & Administration | CMOs 1, 2, 2.A, 3, 7, 10, 10.A, 14, 15, 15.A, 24, 29, 34 | Initial multidistrict consolidation, organization of Plaintiffs’ Co-Lead Counsel and Executive Committee, and Defendants’ Coordination Committee appointments. |
| Protective Orders & Confidentiality | CMOs 4, 4.A, 4.B, 4.C, 4.D, 8, 17; Buckeye Stipulated Order | Procedures for confidential business records, handling trade secrets concerning fluorochemical formulations, clawback of privileged files, and motions to seal. |
| Plaintiff & Defense Fact Sheets | CMOs 5, 5A, 5B, 5C, 5D, 5E, 5F, 30, 31, 31A, 31B, 37; Exhibits A & B | Standardized personal injury questionnaires, state entity disclosures, firefighter turnout gear fact sheets, profile form deadlines, and non-compliance dismissal protocols. |
| Service of Process & Tolling | CMOs 3.B, 3.C, 3.D, 3.E, 3.F, 6, 6.A through 6.J, 12.C | Master protocols for electronic and alternative service on foreign and domestic chemical manufacturers, amendments adding defendants, and statutes of limitations tolling agreements. |
| Government Contractor Defense & Jurisdictional Motions | CMOs 13.A, 16, 16.A, 16.B, 16.C, 16.D, 20, 25, 25A, 25B, 36 | Briefing schedules and evidentiary tests on whether military specifications shield chemical manufacturers under the Boyle government contractor doctrine, plus federal removal jurisdiction. |
| Water Provider Bellwethers & Environmental Sampling | CMOs 13, 19, 19-A through 19G, 21, 22, 27, 27A through 27I, 32 | Selection and trial scheduling for lead water utility cases (City of Stuart), joint environmental media sampling protocols, telomer water provider tracks, and real property product ID sites. |
| Personal Injury Bellwethers & Trial Pools | CMOs 22.B, 26, 26A, 26B, 26.C, 26.C-1, 26D, 26E, 26K, 28, 28A, 33, 35 | Creation of the Second Bellwether Program for individual cancer claims, selection of Tier 2 Groups A and B trial pools, expert witness discovery, and eligible injury expansions. |
| Mediation & Special Master | CMOs 2.B, 18, 18.A | Appointment of the Special Master to resolve complex discovery disputes and formal designation of a court-appointed mediator for global settlement negotiations. |
| Personal Injury Settlement Implementation (3M) | CMOs 39, 40 | Identification of eligible personal injury claimants under the November 3, 2026 3M settlement agreement, and case management requirements and a stay of proceedings against 3M for plaintiffs who do not participate. |
Summaries of Key Orders
CMO 40 (November 4, 2026): Personal Injury Litigation Against 3M After the Settlement
- Who it covers: Plaintiffs identified under CMO 39 who do not elect to participate in the 3M settlement program or become dismissal-only claimants, and personal injury claims against 3M filed or transferred into the MDL after the order.
- Plaintiff requirements: Complaints must plead the circumstances of PFAS exposure and the date of diagnosis. Litigating plaintiffs must serve a 3M-specific fact sheet supplement signed under penalty of perjury, medical and pharmacy records, employment or military records where relevant, water records, and a choice-of-law statement, generally within 60 days after electing not to settle.
- Expert reports: General and specific causation reports, and fate and transport reports where drinking water exposure is alleged, are due within 120 days. Form or template reports are not permitted.
- Statute of limitations declaration: Each plaintiff must submit a sworn declaration addressing when the injury was diagnosed and when the plaintiff first learned it may be related to PFAS.
- Stay and duration: Other proceedings in personal injury cases against 3M are stayed, claims against other defendants are not stayed, and the order remains in effect for at least nine years. Noncompliance, after a 30-day cure period, can result in dismissal with prejudice.
CMO 39 (November 4, 2026): Identification Order for Eligible Personal Injury Claimants
- Purpose: Implements the November 3, 2026 settlement agreement between Negotiating Plaintiffs’ Counsel and 3M by requiring counsel for eligible claimants, and pro se claimants, to provide information through the AFFF MDL Personal Injury Portal by November 13, 2026.
- Who must be identified: Primary counsel must identify every eligible claimant they represent, whether the claim is filed or unfiled, and must file a separate declaration for dismissed-without-prejudice claimants from whom they have disengaged.
- Filing and fact sheet deadlines: Eligible claimants identified without a case in the MDL must be filed within 10 days after the response date, and an amended personal injury fact sheet is due within 14 days for claimants who have not already submitted one.
- Participation: Identification does not require a claimant to join the settlement. Each claimant remains free to elect whether to participate.
CMO 37 (February 25, 2026): Personal Injury Fact Sheet Non-Compliance & Dismissals
- Purpose: Governs enforcement procedures for personal injury claimants who fail to serve completed Plaintiff Fact Sheets (PFS), signed medical record release authorizations, or required exposure verifications.
- Deficiency Notice & Cure Period: Defendants issue formal deficiency notices identifying specific missing information or records. Plaintiffs are given a defined opportunity to cure deficiencies.
- Consequences: If an unexcused failure persists, the defense may submit the action to the court for an Order to Show Cause why the complaint or individual plaintiff should not be dismissed with prejudice.
- Standardized Dismissal Forms: Accompanying Exhibits A & B provide standardized notices for the voluntary dismissal of entire actions or individual claims without prejudice.
CMO 36 (August 22, 2025): Jurisdiction and Removal of Turnout Gear Claims
CMO 36 addressed federal subject matter jurisdiction, supplemental jurisdiction, and procedures for removing and coordinating state-court personal injury lawsuits—expressly clarifying the status of claims brought by firefighters alleging toxic PFAS exposure from moisture barriers and thermal linings in turnout gear.
CMO 35 (August 22, 2025): Bellwether Trial Selection & Expert Disclosure Updates
CMO 35 restructured the trial selection criteria and revised the expert disclosure schedule for the personal injury bellwether pool, synchronizing general causation discovery across specific disease categories.
CMO 33 (March 26, 2025): Personal Injury Bellwether Case & Injury Category Expansion
CMO 33 updated the management of the personal injury track by adding and clarifying qualifying injury categories for the bellwether discovery pool, ensuring that claims involving kidney cancer, testicular cancer, thyroid disease, and ulcerative colitis are systematically evaluated.
CMO 26 Series (2023–2025): The Second Bellwether Program (Personal Injury Track)
- Establishment (CMO 26): Entered on May 5, 2023, creating the framework for trying individual personal injury cases following progress in the municipal water utility docket.
- Discovery Pools (CMO 26.C & 26E): Divided selected bellwether plaintiffs into Tier 2 Groups A and B, authorizing focused core discovery regarding medical causation, occupational foam use, and drinking water testing data.
- Ex Parte Communications (CMO 26.C-1): Set explicit ground rules restricting ex parte defense contacts with treating physicians.
- Group B Scheduling (CMO 26K): Docketed in August 2025, establishing specific deadlines for trial pool case preparations, depositions, and dispositive motions.
CMO 16 Series & Government Contractor Defense
Beginning with CMO 16 in April 2021 and culminating in Judge Gergel’s landmark September 2022 summary judgment ruling, the court rigorously analyzed the “government contractor defense.” The court determined that military specifications for AFFF did not compel manufacturers to withhold information from the government regarding the environmental persistence and bioaccumulation of PFAS, allowing plaintiffs’ design defect and failure-to-warn claims to proceed.
CMO 5F (February 26, 2024): Turnout Gear Plaintiff Fact Sheets
CMO 5F approved a tailored Plaintiff Fact Sheet for civilian and military firefighters alleging injuries from PFAS chemicals embedded in protective turnout coats, pants, gloves, and boots, requiring specific disclosures regarding gear manufacturers, service years, and cleaning protocols.
What the PFAS Lawsuits Allege
Plaintiffs across the United States allege the following in MDL 2873. While historic settlements have been reached with water providers, liability allegations in personal injury claims remain contested by the chemical manufacturing defendants.
- “Forever Chemicals” and Bioaccumulation: PFAS compounds—notably perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)—possess strong carbon-fluorine bonds that resist environmental degradation. They accumulate in human blood and tissue, persisting for years.
- AFFF Foam Environmental Runoff: Plaintiffs allege that military bases, commercial airports, firefighting academies, and industrial sites regularly discharged aqueous film-forming foam into the ground during training exercises and emergency responses, seeping into regional aquifers and municipal drinking water wells.
- Firefighter Protective Turnout Gear: Firefighters allege that turnout clothing was manufactured using heavy concentrations of PFAS in water-repellent outer shells and moisture barriers, causing direct dermal absorption and inhalation of PFAS vapors under intense heat.
- Known Toxicity and Failure to Warn: Plaintiffs present internal corporate documents alleging that chemical manufacturers (such as 3M and DuPont) were aware of the reproductive toxicity, carcinogenicity, and environmental mobility of PFAS as early as the 1970s and 1980s, yet concealed these findings from regulatory agencies, fire departments, and the public.
- Severe Health Outcomes: Individuals claim that exposure to contaminated drinking water and firefighting gear directly caused cancers and chronic illnesses, notably kidney cancer, testicular cancer, prostate cancer, thyroid cancer, and ulcerative colitis.
- Key Defendants: The defendant roster includes major primary chemical manufacturers (3M Company, DuPont, Chemours, Corteva), foam manufacturers (Tyco Fire Products, Chemguard, Buckeye Fire Equipment, Kidde-Fenwal, National Foam), and turnout gear equipment producers.
Claim Tracks in MDL 2873
For more details on claim qualifications and scientific evidence, see our comprehensive PFAS Water Contamination Lawsuit Overview.
Why Follow PFAS MDL 2873 With NGRV?
- Proven National Mass Tort Leadership: Our founding partners have been appointed by federal judges to Plaintiffs’ Steering, Executive, and Lead Committees in multidistrict litigations nationwide, including In re: Valsartan, Losartan, and Irbesartan Products Liability Litigation (MDL 2875), In re: Paraquat Products Liability Litigation (MDL 3004), In re: Uber Technologies, Inc., Passenger Sexual Assault Litigation (MDL 3084), and In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation (MDL 2846).
- Nurse-Attorney Medical Scrutiny: Partner Brett Vaughn is both an accomplished trial lawyer and a licensed Registered Nurse (RN, BSN). This clinical background ensures thorough, evidence-based review of oncology records, pathology slides, blood serum panels, and diagnostic chronologies.
- Direct Order-by-Order Tracking: We actively monitor every docket filing, case management conference, and CMO issued by Judge Gergel, ensuring that client fact sheets and exposure disclosures comply fully with strict court deadlines like CMO 37.
- Contingency Fee Representation: NGRV represents clients on a contingency basis. We advance all litigation costs and expert expenses. If there is no financial recovery obtained on your behalf, you pay no attorney fees or expenses.
Frequently Asked Questions
What is MDL 2873?
MDL 2873 is a federal multidistrict litigation created in December 2018 in the U.S. District Court for the District of South Carolina, presided over by Judge Richard M. Gergel. It centralizes federal lawsuits alleging that toxic PFAS chemicals used in aqueous film-forming foams (AFFF) and protective gear contaminated groundwater, poisoned drinking water systems, and caused severe health injuries like cancer in exposed individuals.
What are PFAS and why are they called “forever chemicals”?
PFAS stands for per- and polyfluoroalkyl substances, a family of synthetic chemicals manufactured since the 1940s. Because the chemical bond between carbon and fluorine is one of the strongest in organic chemistry, PFAS do not degrade naturally in the environment or the human body. As a result, they persist indefinitely in soil and water and bioaccumulate in human blood and internal organs.
What is the difference between water provider claims and personal injury claims in MDL 2873?
The litigation contains distinct claim tracks. Public water provider claims seek financial compensation to install municipal carbon filtration, ion-exchange, or reverse osmosis treatment systems to filter PFAS out of public water supplies. Major settlements totaling over $14 billion were reached with 3M, DuPont, and Tyco for public water providers. Personal injury claims, by contrast, are brought by individuals seeking compensation for physical damages—such as kidney cancer, testicular cancer, or ulcerative colitis—caused by ingesting contaminated water or using AFFF and turnout gear. Personal injury claims were not resolved by the water provider settlements. On November 3, 2026, 3M separately entered a Master Settlement Agreement to resolve eligible personal injury claims against it, and personal injury claims against other defendants continue through bellwether discovery.
What did Case Management Order No. 37 (CMO 37) change?
Entered on February 25, 2026, CMO 37 establishes strict deficiency and dismissal procedures for personal injury cases. If a plaintiff fails to timely serve a completed Plaintiff Fact Sheet (PFS), required exposure verifications, or signed medical records releases, defendants may issue a deficiency notice. If left uncured, the court will issue an Order to Show Cause why the plaintiff’s claim should not be dismissed with prejudice. It also approved standardized forms (Exhibits A and B) for voluntary dismissals.
What are CMO 39 and CMO 40?
Entered on November 4, 2026 after the 3M personal injury Master Settlement Agreement, CMO 39 is an identification order requiring counsel for eligible claimants, and pro se claimants, to provide information through the AFFF MDL Personal Injury Portal by November 13, 2026. It also sets filing and fact sheet deadlines for certain claimants. CMO 40 governs personal injury plaintiffs who do not participate in the settlement, requiring additional fact sheet information, records, expert reports, and statute of limitations declarations, and it stays personal injury proceedings against 3M. Identification under CMO 39 does not require a claimant to join the settlement.
What is the firefighter turnout gear lawsuit?
Firefighter turnout gear contains PFAS chemicals in the water-resistant outer shells and moisture barriers. Under CMO 5F and CMO 36, firefighters who wore turnout gear and were diagnosed with cancer can pursue claims in the MDL against protective gear manufacturers and chemical suppliers, alleging that the gear degraded and released bioaccumulative toxins directly into their bodies during firefighting duties.
Which illnesses qualify for personal injury claims in the PFAS litigation?
The primary health conditions prioritized in the MDL 2873 bellwether tracks and scientific studies include kidney cancer, testicular cancer, prostate cancer, thyroid cancer, thyroid disease (hypo/hyperthyroidism), and ulcerative colitis. Other conditions involving liver damage and preeclampsia are also subjects of ongoing investigation.
What was the ruling on the “Government Contractor Defense”?
Defendants argued they could not be sued because they manufactured AFFF to meet U.S. military specifications (MIL-SPEC). In September 2022, Judge Gergel rejected the defendants’ bid for summary judgment, finding evidence that chemical manufacturers withheld critical health and environmental hazard warnings from the government, thereby defeating government contractor immunity.
What is a Plaintiff Fact Sheet (PFS) and Plaintiff Profile Form (PPF)?
A Plaintiff Fact Sheet (PFS) is a court-mandated document where plaintiffs provide detailed answers regarding their chemical exposure history (locations where they lived, worked, or used firefighting foam), complete medical history, diagnostic dates, and signed medical authorizations (HIPAA releases) allowing the acquisition of medical records. Under CMO 31 and CMO 37, compliance is strictly enforced.
How do I prove my PFAS water contamination or exposure?
For water contamination claims, exposure can be proven through municipal water testing reports, EPA UCMR water sampling databases, and residential records verifying that you lived in an affected water district during contaminated periods. For firefighters, fire department equipment rosters, training records, fire academy attendance, and gear purchase logs help establish occupational exposure.
How does an MDL order affect my individual case?
All federal personal injury and water contamination cases consolidated into MDL 2873 are governed by Judge Gergel’s Case Management Orders. These orders control discovery schedules, evidence preservation, filing rules, and trial selection. While bellwether trials establish how juries evaluate common evidence and damages, your individual financial recovery depends on your specific medical records, exposure duration, and diagnosed injuries.
Questions About Your PFAS Contamination or Injury Claim?
If you or a family member developed cancer or serious illness following exposure to PFAS ‘forever chemicals’ through contaminated drinking water, firefighter turnout gear, or AFFF foam, our legal and clinical team can review your case at no cost.
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- Related: PFAS Water Contamination Lawsuit Overview
Sources and References
- Case Management Order No. 37, In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C., Feb. 25, 2026)
- Case Management Order No. 36 – Jurisdiction and Removal of PFAS Personal Injury Cases, MDL 2873 (D.S.C., Aug. 22, 2025)
- Case Management Order No. 35 – Bellwether Trial Selection and Discovery Updates, MDL 2873 (D.S.C., Aug. 22, 2025)
- Case Management Order No. 5F – Turnout Gear Plaintiff Fact Sheets, MDL 2873 (D.S.C., Feb. 26, 2024)
- Case Management Order No. 26 – Second Bellwether Program: Initial Personal Injury Claims, MDL 2873 (D.S.C., May 5, 2023)
- Case Management Order No. 1 – Pretrial Consolidation, MDL 2873 (D.S.C., Jan. 2, 2019)
- U.S. District Court for the District of South Carolina, Aqueous Film-Forming Foams (AFFF) MDL 2873 Portal
- U.S. Environmental Protection Agency (EPA), Per- and Polyfluoroalkyl Substances (PFAS) National Primary Drinking Water Regulation
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is for general informational purposes and does not constitute formal legal or medical advice. Allegations described are claims asserted by plaintiffs in active multidistrict litigation and have not been proven as a matter of final judgment. Contacting Nigh Goldenberg Raso & Vaughn does not by itself establish an attorney-client relationship.
