PFAS in Class Action Litigation: Mass Tort Proceedings and Settlement Structures

PFAS Class Action Landscape

PFAS litigation has produced some of the largest environmental class action settlements in US history. Thousands of individual and class action cases have been consolidated in multidistrict litigation (MDL) proceedings, enabling efficient case management of common factual and legal issues.

MDL 2873: AFFF Products Liability

Federal MDL 2873 in the District of South Carolina consolidates thousands of AFFF-related personal injury and water contamination cases. Major settlements include 3M’s $10.3B settlement and DuPont-related entities’ $1.185B settlement addressing water system contamination claims.

Settlement Distribution and Claims Processing

Class action settlement distribution requires complex claims administration to identify eligible claimants, verify exposures and damages, and allocate settlement funds. PFAS settlements have established novel frameworks for quantifying exposure-based damages without traditional individual injury proof.

Future Litigation Trends

Emerging PFAS litigation focuses on short-chain PFAS replacements marketed as safe alternatives, food packaging manufacturers, and consumer product companies. State attorneys general actions complement private class action litigation in pursuing comprehensive manufacturer accountability.

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