Time is of the essence for individuals exposed to PFAS chemicals who have been diagnosed with certain health conditions and wish to file a lawsuit. On August 15, 2025, Judge Richard Gergel, who oversees the federal PFAS litigation (known as the “AFFF MDL”), issued a new Case Management Order that set September 5, 2025, as a critical filing deadline for new cases alleging kidney cancer, liver cancer, testicular cancer, thyroid cancer, thyroid disease, and ulcerative colitis. Lawsuits filed after September 5th may be required to meet more stringent proof standards, such as submitting individual expert reports proving general and specific causation for their conditions within 120 days of filing.
If you or a loved one has been diagnosed with one of the listed conditions below and believe PFAS exposure played a role, you may need to act immediately to take advantage of this current phase of the PFAS Multidistrict Litigation.
What Is the PFAS Litigation?
Per- and polyfluoroalkyl substances (PFAS) are a family of more than 12,000 synthetic chemicals widely used since the 1940s in consumer products and firefighting foam (Aqueous Film-Forming Foam, or AFFF). Because of their unique chemical structure, PFAS do not break down naturally in the environment or in the human body—earning them the nickname “forever chemicals.”
For decades, PFAS were heavily used at military bases, airports, industrial sites, and by municipal fire departments to extinguish fuel-based fires. Communities living near these facilities, as well as firefighters and military personnel, were among the most heavily exposed. Unfortunately, PFAS chemicals have been detected in the blood of nearly 97% of Americans, according to the Centers for Disease Control and Prevention (CDC).
Why Are There Lawsuits?
The lawsuits against PFAS and AFFF manufacturers—including major corporations such as 3M, DuPont, and Chemours—allege that these companies:
- Knew of the health risks for decades yet failed to disclose them to the public or regulatory agencies.
- Continued to produce and sell PFAS-containing products, prioritizing profit over safety.
- Allowed PFAS to contaminate groundwater, drinking water supplies, and soil, particularly around military installations and airports.
As a result, thousands of personal injury lawsuits and community water contamination claims were consolidated in a federal multidistrict litigation (MDL) before Judge Richard Gergel in the U.S. District Court for South Carolina.
What Makes the PFAS MDL Unique?
The PFAS MDL allows courts to streamline complex litigation involving tens of thousands of claimants across the country. This includes both:
Personal Injury Claims: Filed by individuals who developed one of the six conditions listed below after exposure.
Property & Water Contamination Claims: Filed by municipalities and states for the costs of cleaning PFAS out of public drinking water systems.
This consolidated process enables shared discovery, expert testimony, and bellwether trials to test representative cases. The outcomes of these early trials often shape settlement negotiations and trial strategies for the broader litigation.
The September 5, 2025, PFAS Filing Deadline
The court has strongly urged that all personal injury claims involving the following conditions be filed by September 5, 2025:
- Kidney cancer
- Testicular cancer
- Ulcerative colitis
- Thyroid disease
- Liver cancer
- Thyroid cancer
This deadline is not arbitrary—it is tied to the structure of the current PFAS litigation.
What Happens If You Miss the Deadline?
Failing to file your PFAS claim by September 5, 2025 may:
- Exclude Your Case from the Current Litigation Track
Claims filed after the deadline will not be part of the broader bellwether process that determines liability and common issues across cases.
- Make Your Case More Expensive and Difficult to Litigate
Claims filed after September 5, 2025, will require both general and specific causation expert reports to be obtained and submitted within 120 days of filing.
Obtaining these reports requires hiring multiple experts immediately, obtaining expedited medical records, and thousands of dollars in expert-related fees per case.
- Reduce the Likelihood of Representation
Many law firms, including The Downs Law Group, may not pursue claims filed after September 5th unless there are special circumstances, because the cost and burden associated with litigating each individual case is anticipated to drastically increase.
Next Steps: How to Protect Your PFAS Claim
If you have been diagnosed with one of the six listed conditions and suspect PFAS exposure, you should:
Contact The Downs Law Group immediately at (305) 444-8226.
Provide any medical records or documentation you have.
Do not delay—our firm has set September 2, 2025 as the last day to intake information to ensure timely filing.
Frequently Asked Questions (FAQ)
Q: Can I still file after September 5, 2025?
A: Yes, but it will be significantly more difficult, expensive, and less likely to be accepted by most law firms.
Q: What if I’m not sure my diagnosis is related to PFAS?
A: It is still worth contacting a law firm experienced in PFAS cases to evaluate your potential claim. Medical experts may help determine whether exposure contributed to your condition.
Q: What is a “bellwether process”?
A: In mass tort cases like PFAS, the court overseeing these claims selects a small group of representative cases to try first. The goal is to test evidence and legal arguments in an attempt to resolve common issues. These trials help shape settlement negotiations for the larger group of cases.
Call Today
The September 5, 2025 PFAS filing deadline is a critical turning point in this litigation. Waiting too long could mean losing the opportunity to have your claim included in the most efficient and cost-effective track of the PFAS lawsuits.
The Downs Law Group is currently helping claimants nationwide who have been exposed to PFAS and developed related health conditions.
Call us today at (305) 444-8226 for a free case review before the September 3, 2025 intake deadline.