Misconception · 01
“Our department cannot afford to pursue this.”
The engagement is offered on a contingency basis, with no upfront cost to the department. Representation terms remain subject to review by authorized decision-makers.
The Stakes · Aqueous Film-Forming Foams Products Liability Litigation · MDL No. 2873 · D.S.C.
AFFF & PFAS Turnout Gear Litigation
PFAS in AFFF foam and legacy turnout gear has been linked in available research to cancer risk and immune and reproductive effects. NFPA 1970 (2025) now permits certification of PFAS-free alternatives, while coordinated litigation evaluates department-level costs associated with legacy use and transition.
Critical Misconceptions
Misconception · 02
“We would have to prove an individual firefighter became ill.”
Department claims focus on documented AFFF and legacy-gear history, equipment and facility impacts, and transition costs—not individual diagnoses.
The Window
Enrollment is coordinated with the MDL schedule
Enrollment is ongoing and coordinated with the MDL case-filing schedule rather than a fixed public deadline.
Departments can begin preserving purchasing, training, maintenance, decontamination, and facility records while the litigation develops.
- Preserve AFFF and turnout-gear purchase records
- Document station and training-center conditions
- Map replacement, decontamination, and upgrade needs
Recent Developments
The record continues to develop.
September 12, 2026
Twenty-eight public entities file a RICO-based turnout-gear complaint
Twenty-eight municipalities, fire districts, and volunteer fire departments filed suit in the District of Minnesota as part of In re: Non-AFFF Firefighter Turnout Gear Marketing, Sales Practices, and Products Liability Litigation, MDL No. 3191. The complaint alleges that manufacturers concealed the presence and risks of PFAS in firefighter turnout gear.
September 2026
AFFF MDL continues through personal-injury discovery
The September JPML report lists 19,840 historical filings and 15,264 pending actions in MDL No. 2873. Public-water settlements totaling more than $11.5 billion have received approval, while 28 selected personal-injury cases remain in bellwether discovery. Any projected 2026–2027 resolution remains an expectation, not a court schedule or guaranteed outcome.
September 2024
NFPA publishes the 1970-2025 turnout-gear standard
NFPA 1970-2025 consolidated multiple protective-equipment standards and revised performance criteria. Certified non-PFAS turnout-gear materials are now available, giving departments a practical path to evaluate replacement and transition costs.
Reported developments are informational, may change, and do not predict an outcome in any matter.
The Threshold
A credible department-level history
Fire departments, fire districts, and training academies with documented or credible AFFF use or legacy PFAS turnout-gear history may be evaluated.
01
Municipal and county fire departments
02
Independent and combination fire districts
03
Fire-service training academies
Scope of Recovery
Document the full scope of impact.
Potential claim categories are evaluated from documented operational costs. No amount or outcome is guaranteed.
Facilities
Stations and training centers
Investigation, facility remediation, ventilation review, and decontamination needs
Equipment
Turnout gear and PPE
Replacement planning and transition to certifiable PFAS-free alternatives
Operations
Department continuity
Business interruption, equipment upgrades, training, and implementation costs
Evaluate the Path Forward
Make the decision with a complete record.
Take No Action
- Legacy purchase and use records may become harder to assemble.
- Transition costs may remain solely within departmental capital plans.
vs
Submit Claim
- Document department-level exposure and operational costs.
- Evaluate a coordinated filing under the MDL schedule.
Participation and any outcome depend on the department's records, governing law, and the litigation process. No funding amount or timeline is guaranteed.
Dymaxion Partners is an independent consulting firm. We are not a law firm and do not provide legal advice.