PFAS Contamination Litigation: What to Know About the AFFF Firefighting Foam MDL and Ongoing Settlements

For decades, West Virginia has been ground zero for the “forever chemical” crisis. While the world learned about C8 and PFAS through movies like Dark Waters and the visible scarring of the Ohio River Valley, our communities have lived it. From the industrial corridors of the Kanawha Valley to the runways of Yeager Airport and the quiet neighborhoods surrounding the Shepherd Field Air National Guard Base in Martinsburg, the legacy of chemical exposure is written into our land and our medical histories.

In early 2026, this battle has shifted to a new and critical front: the AFFF (Aqueous Film-Forming Foam) litigation. While major settlements have been reached for water providers, the fight for individual victims, firefighters, military personnel, and residents with cancer is entering a decisive phase in the federal Multidistrict Litigation (MDL).

The Hidden Danger in the Foam: Understanding AFFF

Aqueous Film-Forming Foam (AFFF) was the gold standard for fighting high-hazard fuel fires for over fifty years. Used extensively by the military, airports, and municipal fire departments from Charleston to Morgantown, this foam contained high concentrations of PFAS (per- and polyfluoroalkyl substances).

These chemicals earned the nickname “forever chemicals” because they do not break down in nature. Instead, they bioaccumulate in the human body. When AFFF was sprayed during training exercises or emergency responses, it didn’t just vanish. It seeped into the groundwater, flowed into the Kanawha and Ohio Rivers, and coated the gear of the brave men and women who used it.

Today, science links this exposure to severe health outcomes, including:

• Kidney Cancer
• Testicular Cancer
• Thyroid Disease and Cancer
• Ulcerative Colitis
• Liver Cancer

West Virginia’s Unique Exposure Landscape

While AFFF exposure is a national issue, the impact in West Virginia is particularly concentrated due to our industrial and military history. The litigation is not limited to one specific site; it encompasses a broad map of contamination that affects both rural and urban communities.

High-Risk Areas in West Virginia Include:

• Shepherd Field Air National Guard Base (Martinsburg): Historical use of Aqueous Film-Forming Foam (AFFF) during training exercises and emergency responses has led to significant groundwater concerns. This contamination directly impacts local residential wells and poses a threat to the Big Spring water supply, a major source for the region. The extent of PFAS migration is a primary focus of environmental regulators and ongoing litigation.
• Yeager Airport (Charleston): Decades of required FAA testing and calibration of fire suppression systems, which heavily involved the discharge of AFFF, have contributed to pervasive soil and water contamination concerns in the surrounding Kanawha Valley. The airport’s location near waterways increases the risk of off-site migration of these persistent chemicals.
• Industrial Sites along the Ohio River: The “Chemical Valley” region has a dual history relevant to PFAS litigation. It has been a site for the manufacturing and processing of PFAS chemicals, and also a heavy user of AFFF for industrial fire safety protocols within chemical plants, refineries, and bulk storage facilities. This combination has created particularly complex contamination profiles.
• Local Fire Stations: Volunteer and municipal fire departments across key West Virginia counties, including Kanawha, Cabell, and Berkeley, frequently stored and used AFFF for both training and active fire suppression. Crucially, personnel were not warned of the severe cancer and health risks associated with PFAS exposure, leading to numerous occupational exposure claims.

Who Is Eligible to File an AFFF Lawsuit in West Virginia?

Anyone diagnosed with a qualifying cancer (kidney, testicular, liver, thyroid) or ulcerative colitis after significant exposure to firefighting foam, either through occupational use as a firefighter/military personnel or through contaminated drinking water, may be eligible.

Determining eligibility in 2026 involves looking at two distinct categories of plaintiffs: those who handled the product and those who lived near it. The federal courts are currently prioritizing cases where there is a clear link between the duration of exposure and the specific medical diagnosis.

• Occupational Exposure: This includes civilian firefighters, U.S. military service members, and airport workers who physically handled, sprayed, or wore gear soaked in AFFF. The “presumptive” exposure levels for these individuals are generally higher.
• Environmental Exposure: Residents living near airbases like Shepherd Field or industrial sites where AFFF was heavily used. Eligibility here often requires proving that your local water source tested positive for high levels of PFOA or PFOS.
• Qualifying Diagnoses: The strongest claims currently in the MDL (Multidistrict Litigation) involve kidney cancer, testicular cancer, hypothyroidism/thyroid disease, and ulcerative colitis. Other cancers are being evaluated, but may require more specific evidence.

What Is the Average Settlement for a PFAS Contamination Claim?

While no guaranteed “average” exists, legal analysts anticipate individual settlement tiers in 2026 to range between $75,000 and $500,000+, depending heavily on the severity of the illness, the age of the victim, and the strength of the exposure evidence.

It is critical to distinguish these personal injury settlements from the billion-dollar “water provider” settlements you may have seen in the news. The settlements involving 3M ($10.3 billion) and DuPont ($1.18 billion) were primarily for municipalities to clean up water systems. The current phase of litigation is focused on compensating individual people for their suffering.

• Tiering Systems: Settlements are likely to be distributed using a points-based tier system. A young firefighter with kidney cancer and no family history of the disease will likely be in a higher “tier” (receiving a larger settlement) than an older individual with multiple co-morbidities.
• Bellwether Trials: The values are being driven by “bellwether” (test) trials. Recent and upcoming trials in the MDL are testing the strength of kidney and testicular cancer claims specifically. If juries return large verdicts in these test cases, settlement offers from defendants generally increase.
• Deductions: Final settlement amounts are net figures, meaning attorney fees and litigation costs are deducted. However, compensation is intended to cover past medical bills, future monitoring, lost wages, and pain and suffering.

How Do I Prove My Illness Was Caused by Firefighting Foam Exposure?

Proof requires a combination of medical records showing a qualifying diagnosis and service/employment records or water district reports that document your presence in a contaminated area or role during the relevant timeframes.

You do not need to have a sample of the foam you used twenty years ago. The courts understand that evidence from decades past can be difficult to obtain, so the legal standard relies on reconstructing your history through available documentation.

• Service and Employment Records: For veterans and firefighters, DD214 forms, station logs, and training certificates are vital. They prove you were at a specific base (e.g., Martinsburg Air National Guard Base) or fire station during years when AFFF was the standard.
• Medical History: You need pathology reports confirming your cancer or disease diagnosis. It is also helpful to have medical records that rule out other common causes (like a genetic predisposition), which strengthens the argument that chemical exposure was the primary cause.
• Water District Notices: If you are claiming environmental exposure, save any “Do Not Drink” notices or water quality reports sent by your local PSD (Public Service District). These public records serve as proof of the contamination source.

The Statute of Limitations: The Clock Is Ticking in West Virginia

In West Virginia, the general statute of limitations for personal injury is two years. However, toxic tort cases like these rely heavily on the “Discovery Rule.”

This rule means the two-year clock does not necessarily start on the day you were exposed (which could have been 1995), but rather on the date you knew or should have known that your illness was linked to PFAS exposure.

For example, if you were diagnosed with kidney cancer in 2020 but only learned about the AFFF link in 2025 due to a news report or legal notice, you may still be eligible to file. However, once you have that knowledge, the clock starts immediately. Waiting too long can permanently bar you from recovery, regardless of how severe your illness is.

Medical Monitoring: A West Virginia Advantage

West Virginia is one of the few states that recognizes a claim for medical monitoring. This means that even if you have been significantly exposed to AFFF but have not yet developed cancer, you may be able to sue to have the chemical companies pay for your regular medical screenings.

Given the high cost of specialized cancer screenings and blood tests for PFAS levels, this is a crucial legal avenue for residents in high-exposure zones like those near the Ohio River or air national guard bases.

Contact Powell & Majestro for a Free Consultation

If you are a firefighter, veteran, or resident of West Virginia facing a cancer diagnosis you believe is linked to AFFF or PFAS exposure, you need legal counsel who understands both the federal MDL landscape and the local courts in Charleston and beyond. The defendants in these cases include some of the largest chemical manufacturers in the world. They have teams of lawyers fighting to minimize their payouts. You deserve a team that will fight just as hard for you.

Call Powell & Majestro P.L.L.C. today at (304) 346-2889 or contact us online to schedule your free consultation. We can help you gather your records, evaluate your eligibility, and ensure your claim is filed before the statute of limitations expires.