AFFF Firefighting Foam Lawsuit in Texas: Filing Window and Eligibility (2026)

Texas's Filing Window for AFFF Claims

Texas's general personal injury statute of limitations is two years from the date of injury or accrual of the cause of action (Tex. Civ. Prac. & Rem. Code Section 16.003). For toxic exposure cases like AFFF, Texas courts apply the discovery rule: the two-year clock begins when the plaintiff knew or should have known that the condition was caused by the exposure.

For AFFF claimants, this typically means the period starts when you received a qualifying cancer or disease diagnosis - not when you were first exposed to foam, which may have been decades earlier. If your physician did not identify a PFAS connection at the time of diagnosis, or if that scientific link was not publicly established at that time, the discovery rule may push the start date later.

Additional tolling grounds in Texas include:

• ·Active military service under the SCRA
• ·Fraudulent concealment of known risks by AFFF manufacturers - Texas courts can toll the statute for the period of concealment

Texas also has a separate statute under Tex. Civ. Prac. & Rem. Code Section 16.0031 for certain toxic exposure claims, which may interact with the general two-year rule depending on the specific theory of liability.

The statute of limitations varies by state and by the specific facts of your case. Talk to a licensed attorney who handles AFFF claims in Texas for a case-specific analysis before concluding your window has opened or closed.

Who Qualifies for an AFFF Claim in Texas

AFFF claims under MDL 2873 require documented exposure to AFFF and a qualifying medical diagnosis.

Qualifying exposure sources in Texas include:

• ·Service at Texas military installations with documented AFFF use, including Ellington Field Joint Reserve Base (Houston), Sheppard Air Force Base (Wichita Falls), Lackland Air Force Base (San Antonio, now JBSA-Lackland), Dyess Air Force Base (Abilene), Fort Bliss (El Paso), and Fort Hood/Fort Cavazos (Killeen)
• ·Employment as a firefighter - military, municipal, or industrial - where AFFF was part of standard suppression protocols
• ·Work as airport rescue and firefighting (ARFF) crew at Texas commercial airports including Dallas/Fort Worth International, Houston Hobby, Austin-Bergstrom, or San Antonio International
• ·Residence near documented AFFF-contaminated groundwater sources confirmed by Texas Commission on Environmental Quality (TCEQ) PFAS investigations

Qualifying diagnoses based on current scientific and regulatory literature:

• ·Kidney or renal cell carcinoma
• ·Testicular cancer
• ·Bladder cancer
• ·Non-Hodgkin's lymphoma
• ·Thyroid cancer or thyroid disease
• ·Breast cancer
• ·Prostate cancer
• ·Pancreatic cancer
• ·Ulcerative colitis

Exposure history and diagnosis must connect clearly. An AFFF intake attorney can evaluate your circumstances in an initial free conversation.

How Exposure and Diagnosis Are Documented

MDL 2873 requires claimants to complete a plaintiff fact sheet documenting both exposure and medical history. Here is what most AFFF attorneys gather at intake:

For exposure documentation:

• ·DD-214 (Certificate of Release or Discharge from Active Duty) listing where and when you served
• ·Employment records from fire departments, airports, or industrial facilities showing service dates and location
• ·Texas TCEQ PFAS investigation records - if your former base or workplace appears on the state's contamination list, that record supports your claim
• ·Prior PFAS blood or serum test results, if available (not required to file, but strengthens the exposure link)

For medical documentation:

• ·Diagnosis records and pathology reports confirming the cancer or condition
• ·Treatment history from oncologists, urologists, or the relevant specialist
• ·Records showing the date of first diagnosis - this date anchors the Texas statute of limitations analysis

Most AFFF plaintiff attorneys work on contingency. There is typically no upfront cost for records gathering or initial intake evaluation.

Texas Procedural Notes: Getting Cases into MDL 2873

Cases filed by Texas claimants are typically initiated in the Southern District of Texas (Houston/Corpus Christi/McAllen), Northern District of Texas (Dallas/Fort Worth/Amarillo), Western District of Texas (San Antonio/Austin/El Paso), or Eastern District of Texas (Tyler/Beaumont), depending on the plaintiff's location. Under the MDL transfer mechanism, cases move to the District of South Carolina (Charleston) for consolidated proceedings before Judge Richard Gergel.

How the MDL process works:

• ·Common discovery - examining what AFFF manufacturers knew about PFAS risks and when - proceeds on a coordinated basis across all cases, reducing duplicative work
• ·Bellwether trials test evidence and damages before juries; those results drive settlement negotiations
• ·A global settlement, if reached, would resolve claims through a tiered matrix based on diagnosis category, exposure duration, and severity

Texas claimants do not need to travel to South Carolina for most MDL proceedings. Your attorney handles the transfer filings. MDL case-management deadlines must be met independently of any Texas statute of limitations.

The AFFF Settlement Framework as of June 2026

As of June 2026, no global personal injury settlement has been finalized under MDL 2873. Negotiations are ongoing.

Two partial resolutions have been reached on the water utility side:

• ·3M Company agreed to approximately $10.3 billion for public water systems. This does not include individual cancer claimants.
• ·DuPont de Nemours, Chemours, and Corteva Agriscience agreed to a combined $1.185 billion for water utilities. This also does not resolve personal injury claims.

For individual cancer claimants, early resolved cases have produced reported compensation. Results vary based on diagnosis category, exposure duration, illness severity, age at diagnosis, and litigation posture. Published reporting on resolved individual cases has referenced ranges from tens of thousands of dollars to multi-million dollar figures, with testicular cancer and kidney cancer cases frequently cited in higher tiers.

No specific compensation outcome can be promised or predicted for any individual case. The framework will continue to develop as MDL 2873 proceeds toward a global resolution or trial verdicts. This page will be updated as new public information becomes available.

What to Do if You Were Exposed to AFFF in Texas

The AFFF litigation remains active and accepting new claimants who meet eligibility criteria. Texas's two-year statute of limitations - with the discovery rule available for claimants who only recently connected their diagnosis to AFFF exposure - means your filing window depends on the specific facts of your case.

Key steps if you have an AFFF exposure history and a qualifying diagnosis:

1. Gather your DD-214 or employment records documenting where and when you worked with or around AFFF
2. Pull medical records showing when you were first diagnosed and with what condition
3. Check whether your former base or workplace appears on TCEQ PFAS investigation records
4. Connect with a licensed Texas attorney who handles MDL 2873 AFFF cases for a case-specific deadline and eligibility analysis

Initial intake evaluations are typically free. Most AFFF attorneys work on contingency.

Last10Legal connects claimants with licensed attorneys in their state who handle mass tort PFAS and AFFF cases. Consult a licensed attorney in Texas before making decisions about your claim.