The Camp Lejeune “Elective Option” has been open for a while now and allows eligible individuals affected by contaminated water from Camp Lejeune to seek monetary compensation for their injuries. The goal of this administrative process is to make it faster and easier to receive monetary compensation and avoid going to court.

A potential problem with the Elective Option is that it’s only available to those with officially recognized medical conditions. Another issue is that it has predetermined monetary payouts for certain injuries. This means it can result in certain people receiving less compensation than if they sued in court.

However, the window for filing suit will close soon. Most individuals have until August 2024 to start the administrative claims process. Luckily, a new scientific study was released that may make it easier for those harmed by Camp Lejeune contaminated water to obtain damages for their injuries.

To better understand the significance of the new study, as well as its results, let’s first take a look at the contaminated water problem at Camp Lejeune.

Camp Lejeune Toxic Water Overview

From 1980 to 1985, water samples were collected at Camp Lejeune. These samples were taken from water supplies that visitors and residents of Camp Lejeune used to cook, drink and clean with.

The samples found various levels of industrial chemicals and solvents such as:

• Tetrachloroethylene (PCE)
• Trichloroethylene (TCE)
• Trans-1,2-dichloroethylene (DCE)
• Vinyl chloride (VC)

Some of these chemicals were found at unacceptably high levels. For example, at the Hadnot Point water treatment plant, TCE levels in 1982 were found to be at 1,400 micrograms per liter. The EPA’s maximum allowable level for TCE is 5 micrograms per liter.

Medical issues associated with these chemicals include various types of cancers, heath defects, birth abnormalities, Parkinson’s disease, and aplastic anemia.

One of the biggest challenges for those seeking compensation for exposure to the dangerous water at Camp Lejeune is proving that their medical problem was caused by the water at Camp Lejeune.

There have been various studies and research linking the chemicals found in Camp Lejeune’s water supply with the health concerns of people who lived and worked there. However, these studies were limited to certain health issues or smaller groups of individuals. As a result, the scientific evidence to support an individual’s claim that their cancer or blood disorder wasn’t as strong as it could be. It also meant that many people could have cancer caused by the contaminated water from Camp Lejeune but be unable to receive compensation.

What the New Study Found

The study examined military personnel from the U.S. Navy and Marine Corps who were stationed at Camp Lejeune or Camp Pendleton between 1972 and 1985. Civilians who worked at either base were also examined. In total, more than 150,000 service members from Camp Lejeune and more than 160,000 service members from Camp Pendleton were subject to this study. About 6,000 civilians from each base were also included.

Specific cancer rates were then compared for individuals from each base. In case you’re wondering, Camp Pendleton was used as a base for comparison because its drinking water wasn’t known to have contamination before 1986. Also, the military and civilian populations from both bases were similar in terms of demographics, training, jobs and socioeconomic factors.

The study found that military personnel who lived or worked at Camp Lejeune had at least a 20% higher risk of developing certain cancers compared to those who lived and worked at Camp Pendleton. These cancers included:

• Acute myeloid leukemia
• All myeloid cancers including polycythemia vera
• Myelodysplastic and myeloproliferative syndromes
• Cancers of the esophagus, larynx, soft tissue and thyroid
• Polycythemia vera (alone)
• B-cell lymphoma
• Squamous cell esophageal cancer
• Certain types of lung cancer

For civilians, they had at least a 20% higher risk of developing certain cancers as well, including:

• Squamous cell lung cancer
• Female ductal breast cancer
• All myeloid cancers including polycythemia vera

Why This New Study Is So Important This study is a big deal for several reasons. First, it compares similar military personnel from two different bases instead of military personnel from Camp Lejeune with the regular population (which consists mostly of civilians). This matters because service members tend to be healthier due in part to more frequent medical checkups. Comparing soldiers from one base with soldiers from another base offers a more accurate picture of cancer risks as it accounts for the fact that service members tend to be healthier than civilians.

Second, this study reviewed data from cancer registries from every state. This offers a more complete view of cancer rates and other medical statistics.

Third, the study gave a very detailed look at the relationship between various cancers and exposure to certain chemicals. Very few, if any, similar studies exist. This means anyone interested in learning more about cancer risks and potential causes can use this data, even if their primary concern relates to the general population and not members of the U.S. military.

Finally, this study offers evidence that exposure to PCE, TCE and other chemicals may have caused more cancers than originally accepted or known. From a practical perspective, this means there could eventually be a larger list of cancers (like thyroid cancer and myeloproliferative syndrome) that are eligible for compensation, whether in court or through the administrative claims process (like the Elective Option).

If you have any questions about whether you or someone you know suffered a medical problem that was the result of Camp Lejeune’s water contamination, don’t hesitate to contact my office or call me at (919) 830-5602.

How Do I Prove I Have a Qualifying Injury?

You’ll need to provide medical documents indicating you were diagnosed and/or treated for a qualifying injury. These must be original or certified copies. If it’s impossible to provide either, you’ll need to sign a sworn statement explaining why you can’t provide an original or certified copy along with an uncertified copy.

How Do I Prove I Was Exposed to the Toxic Water at Camp Lejeune for More Than 30 Days?

You must offer employment or housing documents that show you lived and/or worked at Camp Lejeune for at least 30 days between August 1, 1953 and December 31, 1987. If your exposure was because you lived with a service member, you must provide documentation proving your relation to the service member and that the service member worked or lived at Camp Lejeune.

How Much Money Could I Get from an Elective Option?

Although the Elective Option is still very new, which means a lot of this is fluid, it depends on two main factors: how long you were exposed to the contaminated water (when working or living at Camp Lejeune) and what qualifying injury you suffered.

Individuals with Tier 1 qualifying injuries are potentially eligible for between $150,000 and $450,000. The exact amount will be divided as follows:

• Tier 1 qualifying injury plus 30 to 364 days of exposure: $150,000
• Tier 1 qualifying injury plus 1 to 5 years of exposure: $300,000
• Tier 1 qualifying injury plus more than 5 years of exposure: $450,000

Individuals with Tier 2 qualifying injuries are eligible for between $100,000 and $400,000. The exact amount will be divided as follows:

• Tier 2 qualifying injury plus 30 to 364 days of exposure: $100,000
• Tier 2 qualifying injury plus 1 to 5 years of exposure: $250,000
• Tier 2 qualifying injury plus more than 5 years of exposure: $400,000

In addition to the above, there is a $100,000 benefit added to the EO offer if a claimant died as a result of their Tier 1 or Tier 2 qualifying injuries.

If I Accept the EO Offer, Will it Affect My VA Benefits?

No, there will be no offset to VA benefits equal to the EO settlement offer received. Accepting an EO offer will not affect any treatment or medical support you’re currently receiving from the VA.

What Are the Benefits of Accepting an EO Offer?

The primary benefit of an EO is that it provides a guaranteed monetary payment much faster than through litigation. Litigation is naturally unpredictable, no matter how strong a case you have. You never know what sort of judge or jury you’ll get and what their perception of your case might be.

Even if you win your lawsuit at trial (or it settles before trial), you can expect it to take several years before you finally get a check, especially if there’s an appeal.

Another important advantage to an EO settlement offer is that it’s easier to prove your claim than in court. With a lawsuit, you’ll encounter legal defenses, such as how your injury was actually caused by your diet or exposure to a different toxin at a location other than Camp Lejeune. To overcome these arguments, you’ll need to submit extensive evidence, including expert witnesses.

While not necessarily applicable to everyone, settling a claim through the EO process could mean a lot less stress and worry. Whether it’s having money sooner to pay for much-needed expenses or not having to deal with the uncertainty of trial, being able to quickly move on from your Camp Lejeune claim can be invaluable.

What Are the Drawbacks to Accepting an EO Offer?

If you have severe and/or multiple injuries due to Camp Lejeune contaminated water exposure, the EO offer probably won’t provide you with fair compensation or compensation that significantly exceeds what you could potentially get with a lawsuit. This is because the EO offer doesn’t factor in the severity of your injury or if you have multiple Tier 1 or Tier 2 qualifying injuries.

Accepting an EO offer also means you can no longer pursue your lawsuit relating to Camp Lejeune toxic water exposure. In other words, you can’t “double-dip” and receive money from the EO and litigation.

There are also several unknowns about the EO offer which could lead to more potential disadvantages. For example, even though the EO offer won’t affect VA benefits, it might negatively affect other medical benefits, such as those from Medicaid, Medicare, Tricare or private health insurers.

There’s also the fact that it’s unknown how long it will take before most claimants can expect to receive their EO offer. While unlikely, it’s possible that the EO offer could be less than a lawsuit settlement offer, yet arrive at about the same time.

How Can I Check the Status of My Administrative Claim and/or EO Offer?

Unfortunately, the DOJ and the Navy have no way of providing individual claim status updates. If you have an attorney, you can contact them to see if they have additional information. If you don’t have an attorney and want to learn more about your options for filing an administration claim or going to court, feel free to call me at (919) 830-5602. There’s still time to do both, but the window for filing a lawsuit will close soon.

The Camp Lejeune toxic water litigation continues to chug along in the U.S. District Court for the Eastern District of North Carolina, with no major developments. This isn’t too surprising given how it’s still early in the overall litigation. However, there’s been a major development in the administrative claims process.

Specifically, the U.S. Department of Justice (DOJ) and the U.S. Department of the Navy have announced something called an “Elective Option.” On paper at least, this is designed to help speed up the time it takes for claimants to receive compensation, as well as ease the burden of proving claims.

This may seem like welcome news, because as of the time of this writing, there are almost 100,000 administrative claims filed with the Navy. But a claimant should be vigilant and make sure the compensation offer under this option is reasonable and fair.

Let’s take a look at how this Elective Option process will work.

Background: The Administrative Claims Process

Before filing a lawsuit in court, a potential Camp Lejeune contaminated water plaintiff must first file a Camp Lejeune Justice Act of 2022 (CLJA) administrative claim with the Navy. An individual can only file suit in federal court if the Navy denies the claim or doesn’t make a decision on the claim for six months after filing.

Until recently, there weren’t many updates or signs of progress from the Navy concerning these administrative claims. This meant that for most individuals, any sort of compensation was likely years away. Not only did they have to wait six months after filing an administrative claim before they could go to court, but once in court, they’d probably be stuck in litigation for years. This Elective Option may dramatically shorten the time it takes for eligible individuals to obtain compensation for their injuries.

How the Elective Option Works

To take advantage of the Elective Option (EO), a claimant doesn’t have to do anything in addition to filing an administrative claim with the Navy. The Navy will automatically review all claims for EO eligibility.

If the Navy determines a claim is eligible for the EO, the Navy will refer the case to the DOJ for final review. Assuming the DOJ approves the EO for the claim, the Navy will submit a settlement offer to the claimant.

The claimant then has 60 days to accept or decline the EO settlement offer. If they accept, the claimant can expect payment within 60 days. If the claimant denies the offer, they can choose to withdraw their administrative claim, keep their claim with the Navy for non-EO administrative claim processing or bring suit in federal court (after waiting the necessary six months or having the administrative claim formally denied).

If the Navy decides a claim isn’t eligible for an EO offer, the claim will remain with the Navy for non-EO claims processing. Right now, it’s unclear how these EO-ineligible claims will be processed or how long it will take to process them.

There are a lot more details about the EO process, but to best cover that information, the remainder of this blog post will consist of a Q&A format.

Do I need to Refile My Administrative Claim to Take Advantage of the EO?

No, as the Navy will review all administrative claims submitted to it, even those filed before the announcement of the EO.

Can Individuals Already in Federal Court Take Advantage of the EO?

No, although the DOJ will review cases currently in court to see if they’re eligible for a settlement offer that’s similar to what the plaintiff would have been eligible for if they could take advantage of the EO.

What are the Elective Option Eligibility Requirements?

The first major requirement is that you suffered an eligible injury. The EO recognizes two tiers of injuries, all of which have been identified by the Agency for Toxic Substance and Disease Registry (ATSDR) as being sufficiently linked to contaminants found in the Camp Lejeune water supply. Tier 1 qualifying injuries include:

• Bladder cancer
• Leukemia
• Non-Hodgkin lymphoma
• Liver cancer
• Kidney cancer

Tier 2 qualifying injuries include:

• Systemic sclerosis or systemic scleroderma
• Kidney disease or end stage renal disease
• Parkinson’s disease
• Multiple myeloma

Assuming a person has suffered an eligible injury, they must show that they were exposed to the Camp Lejeune water (or water from Marine Corps Air Station New River) for at least 30 days. For most people, this will involve showing that they lived or worked at Camp Lejeune for at least 30 days.

Claimants who allege their exposure occurred while their mothers were pregnant with them will need to demonstrate that their mothers lived or worked at Camp Lejeune for at least 30 days while pregnant.

After these two requirements have been met, a claimant must meet two more conditions. First, they must have been diagnosed or treated for their qualifying injury before August 10, 2022.

Second, the date of the first treatment or diagnosis for the qualifying injury must have occurred within a special time window. Specifically, this first treatment or diagnosis must have occurred at least two years, but no more than 35 years, after the most recent exposure to the contaminated water.

In Part 2, we will look at proving a qualifying injury, proving exposure to Camp Lejeune toxic water, and the potential settlement outlook for this Elective Option. Stay tuned.