AFFF Kidney Cancer Lawsuits Proposed For Oct. 20, 2025 Bellwether Trial Date

Plaintiffs lawyers indicate that all three AFFF lawsuits involve individuals diagnosed with kidney cancer after drinking from the same water source, located in Pennsylvania.

Amid a continued push for the court to consolidate multiple aqueous film-forming foam (AFFF) lawsuits together for the first bellwether trial in October 2025, plaintiffs lawyers have sent a letter to the U.S. Judge presiding over the litigation, outlining the order in which they believe three kidney cancer cases should go before juries, if the trials must be held individually.

The claims were selected from more than 9,300 product liability lawsuits currently being pursued against 3M Company, Chemguard and other chemical manufacturers, each raising similar allegations that the companies failed to warn about the serious health risks posed by per- and polyfluoroalkyl substances (PFAS) contained in AFFF fire fighting foam that has been widely used by both military and civilian firefighting agencies for decades.

AFFF has been marketed for use to combat fuel-based fires. However, there is now increasing evidence that toxic chemicals in the foam can build up in the environment and human body, and have infiltrated groundwater and other drinking water supplies, particularly near military bases, airports and firefighter training sites.

Plaintiffs include both former career firefighters directly exposed to the chemicals in AFFF, as well as individuals who lived in areas with confirmed water contamination, seeking damages for the development of kidney cancer, testicular cancer, liver cancer, ulcerative colitis, thyroid disease and other side effects.

Given similar questions of fact and law raised in claims brought throughout the federal court system, AFFF injury lawsuits are currently centralized in the District of South Carolina before U.S. District Judge Richard M. Gergel, who is overseeing the coordinated discovery and pretrial proceedings.

AFFF Injury Lawsuit Bellwether Selections

To help the parties gauge how juries may respond to certain evidence and testimony that may be repeated throughout the litigation, Judge Gergel previously directed the parties to prepare a group of 28 AFFF injury claims for bellwether trials. 

The number of AFFF bellwether cases has since been narrowed down to a smaller group that are now eligible to go before federal juries, with the first case expected to begin on October 20, 2025.

While the specific claim or claims that will go before a jury on that date have not yet been confirmed, Judge Gergel did indicate that the first bellwether trials will focus on individuals who developed kidney cancer, testicular cancer, thyroid disease or ulcerative colitis after exposure to contaminated water near Peterson Air Force Base, Colorado Springs Municipal Airport, the Willow Grove Naval Air Station Joint Reserve Base and the Naval Air Warfare Center in Warminster.

Last month, plaintiffs filed a motion requesting that five AFFF lawsuits be combined for a multi-plaintiff trial, indicating that claims involving three individuals diagnosed with kidney cancer and two individuals diagnosed with testicular cancer should go before the same jury, since all involved injuries allegedly caused by drinking PFAS-contaminated water from the same source in Pennsylvania.

Plaintiffs Pick Kidney Cancer Lawsuits for First Trials

Since the manufacturers have opposed the consolidation of multiple claims for the first trial, the Plaintiffs’ Executive Committee (PEC) sent a letter (PDF) to Judge Gergel on May 16, outlining the order in which three kidney cancer lawsuits should go before juries, if the court rejects the request to consolidate the claims into a single trial.

The plaintiffs indicate that a lawsuit filed by Brock Donnelly should be the first to go before a jury, followed by claims brought by Clinton Speers and Kevin Voelker.

The letter argues that the three claims have minimal “background noise,” meaning there were few other risk factors that could have been responsible for the men’s kidney cancer. The PEC notes that this was “emphatically” instructed by Judge Gergel, when advising the parties on their bellwether case selections.

“Mr. Donnelly’s only alternative potential risk factors to be considered in determining the question of specific causation for his kidney cancer are his gender (male) and his elevated BMI of 32.7 (obesity class 1 of 3) at the time of his diagnosis,” the letter states. “However, he is on the younger side of most kidney cancer patients, rendering his modest obesity unlikely to have played a role.”

Plaintiffs recommended the Speers claim be the second bellwether trial, and Voelker’s be held third. These cases, the committee said, “(w)ould most efficiently serve the Court’s stated purpose of answering the basic question of general and specific causation without unnecessary distraction and confusion for the jury.”

The remaining two bellwether selections eligible for the first trial include claims filed by Michael Bien and Alex Field, who were each diagnosed with testicular cancer after years of exposure to AFFF-contaminated drinking water. Both men underwent a procedure to have a testicle removed and received chemotherapy treatment.

Last month, plaintiffs argued that if Judge Gergel does not combine all five cases for the same trial, he should at least combine the three AFFF kidney cancer lawsuits into one trial and set the remaining two AFFF testicular cancer lawsuits for a second trial.

Defendants have opposed any consolidation of cases for trial and have proposed that Voelker’s lawsuit be the first AFFF kidney cancer lawsuit to go to trial.

While the outcome of these early bellwether trials will not have any binding impact on other claims, it is expected that the amount of any AFFF lawsuit payout awarded by juries may influence future cancer settlement negotiations to resolve the litigation.