Judge Extends Deadlines in PFAS Lawsuits Over Liver Cancer, Thyroid Cancer

First trial over injuries caused by PFAS water contamination is expected to go before a jury in late October 2025, involving kidney cancer linked to the toxic “forever chemicals” in firefighting foam.

As lawyers prepare for the first PFAS lawsuits to go before juries later this year, involving individuals diagnosed with kidney cancer, testicular cancer and ulcerative colitis caused by widespread water contamination linked to the firefighting foam chemicals, the U.S. District Judge presiding over the litigation has agreed to give the parties more time to complete discovery in a second group of claims being prepared for trial, involving thyroid cancer and liver cancer injuries.

The litigation stems from the use of toxic “forever chemicals” in aqueous film-forming foam (AFFF) products that have been widely used by the U.S. military and firefighters since the 1960s, to suppress high intensity fuel fires. As a result of the manufacturers’ failure to warn about serious health risks, many communities are dealing with widespread PFAS water contamination problems, particularly near military bases, airports, industrial sites and firefighter training centers.

The firefighting foam was sold for years with per- and polyfluoroalkyl substances (PFAS), which are a group of synthetic chemicals known for their resistance to heat, water and oil. However, PFAS do not break down naturally and can accumulate in soil, water and the human body over time.

As a result of their persistence and bioaccumulation in the blood of firefighters and local water supplies, PFAS exposure has been linked to a range of serious health conditions, including testicular cancer, kidney cancer, liver cancer, thyroid cancer, thyroid disease and ulcerative colitis. As a result, there are currently more than 11,000 product liability lawsuits being pursued against 3M Company, Chemguard and other chemical manufacturers, each raising similar allegations that the companies should be held responsible for injuries caused by PFAS exposure.

The litigation includes claims from both military and civilian firefighters who suffered direct chemical exposure during training exercises and emergency response, as well as water contamination lawsuits brought by individuals exposed to the chemicals after they leached into local water supplies.

Since December 2018, the AFFF and PFAS lawsuits have been centralized in the District of South Carolina before U.S. District Judge Richard M. Gergel, who is overseeing coordinated discovery and preparing the claims for early bellwether trial dates, which are designed to help evaluate how juries may respond to evidence and expert testimony likely to be presented throughout the litigation.

The first PFAS injury lawsuit bellwether trial is currently scheduled to begin on October 20, 2025, focusing on individuals who developed kidney cancer, testicular cancer, thyroid disease or ulcerative colitis following exposure to PFAS-contaminated water near military bases and training facilities. However, lawyers are also preparing a separate group of claims involving liver cancer and thyroid cancer for a second wave of bellwether trials, expected to begin next year.

On Monday, the parties filed a joint motion (PDF) asking for Judge Gergel to approve an extension of the schedule for disclosure of expert witnesses, expert discovery and challenges to the admissibility of the expert witnesses testimony at future trials involving thyroid cancer and liver cancer injuries. The request followed a “Science Day” hearing related to those specific injuries held on June 20.

“The Parties have conferred and agree an extension of the current schedule for expert discovery related to these injuries is appropriate. The Parties’ respective experts would benefit from additional time to prepare expert reports. Such time would in particular allow the experts to address the specific questions and issues raised by the Court.”

–Joint Motion for Entry of Case Management Order 33A

Judge Gergel responded by granting the request in a case management order (PDF) issued the same day. The extended schedule requires plaintiffs general causation expert reports to be filed by August 8, 2025, followed by defendants submitting their general causation expert reports by September 26, and plaintiffs’ rebuttal by October 10.

Immediately after the start of the first group of bellwether trials, the parties have been directed to meet and confer by October 17, 2025, regarding a proposed schedule for expert deposition and Daubert/Rule 702 briefing in the liver cancer and thyroid cancer PFAS lawsuits. Judge Gergel directed the parties to submit an agreed scheduling order by October 24, 2025, or competing proposals if they can not reach an agreement.

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 PFAS injury lawsuit payouts awarded by juries may influence future settlement negotiations to resolve the litigation.