AFFF Firefighting Foam Lawsuit in Illinois

What Illinois residents should know

Illinois residents are not necessarily limited to filing only in Illinois state court. Many mass tort claims may be evaluated by national firms, filed in federal court, coordinated through MDL proceedings, or handled through another legal process.

State law may still matter for deadlines, damages, claim evaluation, and certain procedural issues.

Illinois's attorney general AFFF lawsuit

Illinois is among the states that have taken AFFF makers to court. On April 6, 2023, Attorney General Kwame Raoul filed suit in Cook County Circuit Court against multiple manufacturers of aqueous film-forming foam (AFFF), alleging they sold the PFAS-containing foam while concealing its toxicity; the complaint notes PFAS has been detected at scores of Illinois community water supplies. That state action runs on a separate track from the federal personal-injury litigation: AFFF injury claims filed by Illinois residents in federal court are transferred into MDL-2873 before Judge Richard M. Gergel in the U.S. District Court for the District of South Carolina.

Sources: Illinois Attorney General — Raoul files lawsuit over PFAS contamination (Apr. 6, 2023); U.S. District Court (D.S.C.) — AFFF MDL No. 2873.

Possible eligibility factors

Illinois residents may want to speak with a lawyer if they used or were exposed to Aqueous film-forming firefighting foam and PFAS chemicals and later experienced kidney cancer, testicular cancer, thyroid disease, ulcerative colitis, or another condition being reviewed in PFAS-related AFFF claims.

• Use, prescription, employment, service, or exposure history.
• Medical diagnosis and treatment records.
• Approximate dates of use, exposure, diagnosis, and treatment.
• Information about prior conditions, alternative exposures, or other facts a lawyer may need to evaluate.

What records support AFFF claims in Illinois?

• Fire department, airport, military, industrial, or training records showing AFFF or PFAS exposure.
• Incident reports, foam-use logs, safety data sheets, water testing records, address history, or base/worksite records.
• Diagnosis records, pathology reports, oncology or specialist notes, treatment records, and death certificates where applicable.
• Witness names, co-worker statements, photos, calendars, or documents tying the exposure to a specific site and time period.

What exposure and legal context matter in Illinois?

State residents may have encountered AFFF or PFAS through fire departments, airports, military bases, industrial facilities, training areas, or water contamination.

Where are Illinois AFFF cases handled?

Living in Illinois does not necessarily mean the case will be filed only in Illinois. Claims may be evaluated by national firms, filed in federal court, coordinated through MDL proceedings, or handled through another legal process.

Federal courts in Illinois

• Northern District of Illinois
• Central District of Illinois
• Southern District of Illinois

What is the filing deadline for AFFF lawsuits in Illinois?

For a Illinois resident researching AFFF claims, the starting point is usually Illinois's general personal injury period: 2 years under 735 ILCS 5/13-202. That is only a starting point, not a final legal deadline for every person.

The real filing deadline can depend on diagnosis date, when the injury and possible cause were discovered, exposure location, wrongful-death issues, prior claim paperwork, and whether the case is filed directly, transferred to an MDL, or handled through another process.

Discovery-rule note: Illinois courts apply a discovery rule in many injury cases, so the clock may run from when the injury and its likely cause were or should have been discovered.

How long do Illinois residents have to file?

Illinois's personal injury statute of limitations applicable to product liability claims is 2 years (735 ILCS 5/13-202). Accrual timing, tolling, and repose periods can still change the real deadline in an individual case.

• Filing period: 2 years — 735 ILCS 5/13-202.
• Discovery rule: Illinois courts apply a discovery rule in many injury cases, so the clock may run from when the injury and its likely cause were or should have been discovered.
• Statute of repose: Product liability actions are also subject to statutory repose periods (735 ILCS 5/13-213).

Because the controlling deadline depends on diagnosis date, discovery facts, exposure history, wrongful-death rules, and how the claim is filed, only a licensed attorney can confirm the deadline that applies to a specific situation. This page is general legal information, not legal advice.

What should Illinois residents ask a lawyer?

• Are you reviewing personal injury AFFF/PFAS claims, water-system claims, or both?
• What exposure records do you need for my firefighting, military, airport, industrial, or water-contamination history?
• Is my diagnosis one currently being evaluated in the personal injury litigation?
• How do state filing deadlines affect my diagnosis and exposure timeline?
• Would my claim be handled locally, nationally, or through the MDL?
• Are there upfront costs?