PFAS Litigation Hits 15,000 Cases as Settlement Deadlines Close In

The PFAS mass tort has quietly become one of the largest environmental litigations in U.S. history. As of January 2026, 15,216 personal injury lawsuits are pending in MDL 2873 in South Carolina, with bellwether trials expected this year. Municipalities face a March 31, 2026 deadline to file Phase 2 settlement claims or forfeit their share of more than $12 billion in settlements already reached for public water systems.

The contamination footprint explains the case volume. EPA data shows 165 million Americans are at risk of drinking PFAS-contaminated water, with confirmed contamination in all 50 states. PFAS-related healthcare costs reach an estimated $37 to $59 billion annually in the U.S.

How PFAS Became a $12 Billion Mass Tort

PFAS, or per- and polyfluoroalkyl substances, are synthetic chemicals used since the 1940s in everything from firefighting foam to nonstick cookware. They earned the name "forever chemicals" because they don't break down in the environment or the human body.

The litigation traces back to AFFF (aqueous film-forming foam), a firefighting suppressant used for decades by the military, airports, and fire departments. When AFFF enters the ground, PFAS compounds seep into drinking water. The International Agency for Research on Cancer reclassified firefighting as a "Group 1" carcinogen in 2022, and studies show firefighters carry significantly higher PFAS blood concentrations than other essential workers.

The public water system settlements tell the financial story. 3M committed to a $10.3 billion settlement with U.S. water providers. DuPont, Chemours, and Corteva settled for $1.185 billion. New Jersey alone secured an $875 million state environmental settlement in August 2025. The largest single-state environmental settlement ever.

But personal injury claims are a different matter. No global settlement has been reached for individual plaintiffs.

Two Tracks Converging in 2026

Two critical timelines are running in parallel, and both demand attention from firms handling mass tort cases.

Municipal Settlement Deadlines

The National League of Cities reported on February 6, 2026 that Phase 2 settlement claims have hard deadlines approaching:

• March 31, 2026: Testing Claims reimbursement (3M and DuPont)
• June 30, 2026: DuPont Action Fund Claims
• July 31, 2026: 3M Action Fund Claims
• August 1, 2026: Special Needs Fund Claims (3M and DuPont)

Municipalities that miss these deadlines forfeit both their settlement funds and their right to file future lawsuits against 3M and DuPont over PFAS drinking water contamination. Billions remain undistributed.

Personal Injury Bellwether Trials

The first bellwether trial was set for October 2025 but was postponed after Judge Richard Gergel created a 21-day filing window to address a backlog of unfiled claims. Bellwether trials are now expected in 2026, and their outcomes will shape settlement values for all 15,000+ pending cases.

Settlement projections vary based on exposure and diagnosis severity. Tier 1 cases involving long-term occupational exposure and kidney or testicular cancer could see $200,000 to $600,000. Tier 2 cases with moderate exposure may reach $150,000 to $200,000. Tier 3 cases with limited exposure could fall below $75,000.

The Evidence Challenge

PFAS cases present one of the most difficult evidence-gathering problems in mass tort litigation. The gap between contamination exposure and a cancer diagnosis can span decades.

A firefighter diagnosed with kidney cancer in 2024 may need medical records from the 1990s, employment records documenting foam exposure, blood work showing PFAS levels, and treatment records from multiple providers across different health systems. According to Lexitas, long latency periods and multi-provider care make obtaining comprehensive medical histories one of the most demanding aspects of building a PFAS case.

Firms that solve the records problem first will be positioned to move cases when bellwether results come in. AI-powered retrieval services, including platforms like LlamaLab that specialize in multi-source provider discovery, address this challenge by pulling records from VA facilities, occupational health clinics, and civilian providers into a single, evidence-ready case file.

The Regulatory Wild Card

The EPA's handling of PFAS standards adds another layer. The agency confirmed it will keep maximum contaminant levels for PFOA and PFOS but is rolling back limits on four other PFAS compounds: PFNA, PFHxS, GenX, and PFBS. The compliance deadline has been pushed from 2029 to 2031.

For litigators, this creates a split standard. The two most studied PFAS chemicals retain regulatory backing, strengthening causation arguments for cases involving PFOA and PFOS exposure. But cases involving other PFAS compounds face a gap that defendants will use to challenge liability. A federal appeals court rejected the administration's attempt to vacate rules for the four compounds entirely, preserving some regulatory framework. The tug-of-war between regulation and rollback will play out through 2026.

What This Means for 2026

The Bottom Line

PFAS litigation is entering its most consequential phase. Bellwether trials are on the horizon, billions in municipal settlement funds are approaching deadlines, and the window for preparation is closing.

For firms handling PFAS personal injury cases, the question isn't whether settlements will come. It's whether the case files are ready when they do.

Sources: National League of Cities, Lawsuit Information Center, Drugwatch, EPA, Environmental Working Group, NRDC, PubMed, Lexitas. PFAS MDL case data from court filings in MDL 2873, District of South Carolina.