That first AFFF lawsuit bellwether pool is limited to claims involving kidney cancer, testicular cancer, thyroid disease and ulcerative colitis injuries, which are being prepared for early trial dates to help gauge how juries may respond to certain evidence and testimony that will be repeated throughout claims involving those injuries.
However, while moving forward with discovery in those cases, Judge Gergel directed the parties to identify a second group of injuries that should be prepared for trial in December 2023, and plaintiffs indicated that thyroid cancer and liver cancer injuries should be considered by the court in the second round of AFFF bellwether trials.
In a text-only docket entry issued last week, Judge Gergel indicates that the Court is now considering issuing a case management order to establish deadlines for preparing expert reports on general causation involving liver cancer and thyroid cancer.
The parties have been asked to submit joint or competing proposals by February 21, which should include deadlines for expert reports and rebuttals, expert depositions and briefings on challenges to the admissibility of the testimony at trial.
On the same day, Judge Gergel issued another text-only order, announcing that the court will hold a “Science Day” on June 6, 2025, to allow the parties to make educational presentations on scientific issues that will come up regarding the link between AFFF and liver cancer or thyroid cancer.
In complex product liability litigation, it is common for courts to schedule such scientific presentations early in the case, to educate the court about issues and concepts that will come up during the proceedings. The presentations are designed to be educational, not adversarial, and typically are not part of the official record or subject to cross examination.