In a previous blog post, I mentioned how the Camp Lejeune litigation was starting to pick up. Specifically, the court scheduled a status conference to discuss pre-trial matters like protecting evidence and identifying witnesses. Even though we’re still in the early stages of litigation, a few things have happened since then that I’d like to discuss.

An Overview of the Camp Lejeune Lawsuits

The water at the U.S. Marine Corps Base Camp Lejeune (Camp Lejeune) is safe to drink and use. But it wasn’t always this way, especially during the decades before 1987. During that time, the water at Camp Lejeune contained various chemicals which could result in serious health problems.

Unfortunately, many of those harmed by the contaminated water had limited access to compensation for their injuries. This changed in August 2022 when President Biden signed the Camp Lejeune Justice Act of 2022 (CLJA).

This law removed government immunity that prevented victims of Camp Lejeune water contamination from suing the government. As a result, hundreds, if not thousands of lawsuits have been filed so far and it’s expected many thousands more will be filed over the next few years until the statute of limitation deadline passes.

With so many lawsuits filed in the same court (the CLJA requires all lawsuits to be filed in the U.S. District Court for the Eastern District of North Carolina), the court has understandably needed to make arrangements to best organize and process the incoming cases. This is where we see one of the most notable updates to the Camp Lejeune litigation.

Recent Updates to Camp Lejeune Litigation

The most important update came on April 24, 2023, when the court created a Master Docket. This is a single docket for all Camp Lejeune water contamination cases, even if plaintiffs have their own cases that would otherwise get their own docket. The goal of the Master Docket is to streamline the early parts of litigation, such as filing pleadings and handling discovery.

In a way, a Master Docket is a bit like an MDL, or multidistrict litigation. This is because the Master Docket makes it possible for the court to develop a master complaint and answer that most parties can use during the pleadings stage of litigation.

Once that’s complete, there’s a consolidated discovery process with each step outlined by the court. The court will also figure out when and how bellwether trials will take place and help coordinate settlement discussions among the parties.

The point of this consolidation is to speed up litigation, make it easier for the parties to reach a settlement and make it cheaper for each side to present their cases. But why isn’t the Camp Lejeune litigation an MDL? Well, it’s because all the cases are already being filed to the same court – the Eastern District of North Carolina. In contrast, an MDL is typically set up because many cases have been filed in various federal districts all over the country.

The court has also ordered the creation of a leadership structure for the plaintiffs. One reason for this is so they can better coordinate their lawsuits with each other. Finally, the court has outlined the steps attorneys need to follow if they want to represent clients in one or more Camp Lejeune water contamination lawsuits in the Eastern District of North Carolina.

It should also be noted that the court has granted a time extension to the U.S. government (the primary defendant in the Camp Lejeune water contamination cases) to file its answer to the plaintiffs’ complaints. This extension applies to many, if not most, pending cases.

This extension isn’t surprising given the relatively fluid nature of the overall litigation and how there’s some uncertainty in how the court will handle its massive caseload. But another source of uncertainty lies with the administrative claims.

Camp Lejeune Contaminated Water Administrative Claims

The CLJA requires plaintiffs to file an administrative claim with the U.S. Navy Judge Advocate General (JAG) before suing in court. The hope is that the JAG can process these claims and provide sufficient compensation to individuals so that they don’t need to go to court.

The problem is that few, if any, administrative claims have been processed. Not only that, but JAG still hasn’t set up its e-filing service to make it easier for the filing and processing of claims. Eventually, many of the administrative claims will be fully processed. When this happens, it’ll be curious to see the compensation offers that are made and what effect they will have on the Camp Lejeune litigation.

Proposed Law to Limit Attorney’s Fees in Camp Lejeune Cases

When the CLJA became law, it resulted in a massive amount of legal advertising. While much of this didn’t directly come from attorneys, it still left a bad taste for some people. For example, there was the perception that plaintiffs’ attorneys were trying to profit from the harm suffered by service members and their families.

In response, several members of Congress have tried to limit the amount of compensation plaintiffs’ attorneys in Camp Lejeune litigation can receive. The Protect Access to Justice for Veterans Act of 2023 introduced by Senator Durbin would limit an attorney’s fees to 20% of the money recovered within 180 days after filing an administrative claim and 33.3% of the money recovered from a civil suit. Another feature of this law is that only after clients have received their money from an administrative claim or lawsuit will their get attorneys paid.

In a more extreme approach, the Protect Camp Lejeune VETS Act introduced by Senator Sullivan would limit attorney’s fees to 2% of the money recovered for administrative claims where the client hired an attorney on or after August 10, 2022. This cap rises to 10% of the money recovered from civil suits or administrative claims where the client hired an attorney before August 10, 2022.

Like the Protect Access to Justice for Veterans Act of 2023, attorneys only get paid after their clients have received their money. Finally, the Protect Camp Lejeune VETS Act has a disclosure provision. This requires the reporting of attorney’s fees in Camp Lejeune cases to the court, the Attorney General and Congress.

What’s Up Next for Camp Lejeune Lawsuits

The court will help create a master complaint and answer, along with specifics on how to streamline discovery. The parties will complete the pleadings stage of the litigation and begin the discovery process. And hopefully, JAG will finish processing some administrative claims.

If you’d like to learn more about the Camp Lejeune lawsuits, stay tuned to this blog for more updates as they arise. In the meantime, if you have questions about a possible administrative claim or lawsuit due to water contamination from Camp Lejeune, you can call my direct line at (919) 830-5602.

It’s been known for a while now that many members of our armed forces and their families were exposed to toxic chemicals from the drinking water at Marine Corps Base Camp Lejeune (Camp Lejeune). Right now, getting compensation for injuries that resulted from the toxic water exposure is limited.

However, a new law will hopefully change that. The purpose of this blog post is to answer some questions you might have about your rights concerning health issues stemming from contaminated water at Camp Lejeune.

1. What Chemicals Contaminated the Water at Camp Lejeune?

The U.S. Department of Veterans Affairs (VA) states that in 1985, there were two drinking water wells at Camp Lejeune that contained a variety of harmful chemicals, including:

• Trichloroethylene
• Benzene
• Perchloroethylene (also known as Tetrachloroethylene)
• Vinyl chloride

2. What Health Problems Are Caused by Exposure to These Chemicals?

According to the Agency for Toxic Substances and Disease Registry (ATSDR), exposure to chemicals found in Camp Lejeune’s drinking water has been linked to birth defects, cancers and other major health concerns. Some of these include:

• Bladder cancer
• Kidney cancer
• Liver cancer
• Prostate cancer
• Rectal cancer
• Ovarian cancer
• Breast cancer
• Non-hodgkins lymphoma
• Leukemia
• Cardiac defects
• End-stage renal disease
• Parkinson’s disease
• Multiple myeloma
• Low birth weight
• Miscarriage
• Oral cleft defects
• Fetal death

3. How Did These Toxins Get Into the Water?

There were many sources for the contamination, such as:

• Dumping oil and industrial waste water into storm drains
• Burial of potentially radioactive materials
• A nearby dry-cleaning business that put wastewater with dry-cleaning chemicals into drains
• Disposal of chemicals at a hazardous waste dump

This caused many dangerous substances to make their way into the water supplies that Marines and their families used to drink, cook and bathe with.

4. Is the Water at Camp Lejeune Now Safe to Drink?

Yes. The water has been safe to drink since 1987, is regularly tested and meets all state and federal laws and regulations concerning drinking water safety.

5. What Sort of Compensation or Relief Can I Get Right Now If I Was Exposed?

As a result of the Camp Lejeune Families Act of 2012, veterans and their family members who served at Camp Lejeune for at least 30 days from August 1953 to December 1987 will receive medical care benefits from the VA relating to any of the following 15 conditions:

• Bladder cancer
• Breast cancer
• Esophageal cancer
• Female infertility
• Hepatic steatosis
• Kidney cancer
• Leukemia
• Lung cancer
• Miscarriage
• Multiple myeloma
• Myelodysplastic syndromes
• Neurobehavioral effects
• Non-Hodgkin’s lymphoma
• Renal toxicity
• Scleroderma

The VA will also reimburse eligible individuals for their out-of-pocket medical expenses relating to the above 15 conditions.

Veterans, Reservists and National Guard members who meet the above criteria may also be eligible for disability payments if they were diagnosed with one or more of the following eight conditions:

• Adult leukemia
• Aplastic anemia and other myelodysplastic syndromes
• Bladder cancer
• Kidney cancer
• Liver cancer
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Parkinson’s disease

6. What if the VA Benefits Don’t Apply or Aren’t Enough?

At the moment, there’s not much else you can do. You can’t bring a personal injury civil suit, thanks to the statute of repose. The Camp Lejeune Justice Act of 2022, which was included as part of the Honoring Our PACT Act of 2022, might be on the verge of changing that, however.

7. How Does the Camp Lejeune Justice Act of 2022 Help?

This law will remove the statute of repose so that eligible individuals can file a civil suit to recover damages for personal injuries suffered due to toxic water exposure at Camp Lejeune. Generally speaking, if you’re eligible for VA benefits relating to health problems from toxic water exposure at Camp Lejeune, then you’re eligible to use this law to file suit.

To get more detailed information about this proposed law, you can check out my earlier blog post, “Camp Lejeune Marine Corps Base Contaminated Water Litigation.”

8. Has the Camp Lejeune Justice Act of 2022 Been Enacted?

No, as there’s been unexpected political hurdles as of late. An earlier draft of the Honoring Our PACT Act of 2022 easily passed the Senate back in June with 84 votes. But due to a technicality, it had to get voted on again by the Senate. Despite being virtually the same law (with no substantive changes being made), many senators who previously voted in favor of the bill had a change of heart and voted to block the bill.

Why some Senators changed their vote is up to interpretation, as there’s probably a bit of politicking going on in Washington. So what was previously thought to be a done deal now faces the possibility of never getting passed by Congress.

9. Now What?

We wait and see what Congress does and hope they do the right thing. It’s an election year and what’s happening to this law is getting a lot of media attention, so anything is possible.

If you want to learn more about getting compensation for injuries relating to the water at Camp Lejeune, feel free to contact me at (919) 830-5602.

Marine Corps Base Camp Lejeune (Camp Lejeune) is an important military base and training facility for the U.S. Marine Corps. Located on the coast of North Carolina, many Marines and their families have spent extended time at this base. In fact, before law school I was an English instructor at Coastal Carolina Community College, located just a few miles away from Camp Lejeune. I taught hundreds of students who were active-duty Marines or Marine-dependents, and many of them lived or worked on the base.

However, from at least August 1, 1953 to December 31, 1987, many of the base residents were likely exposed to toxic chemicals from the drinking water. And this exposure has potentially led to a variety of serious medical issues, including death.

But for the time being, taking legal action for injuries relating to toxic water exposure at Camp Lejeune has been impossible. But the likely enactment of a new federal law should change that.

Camp Lejeune Water Contamination

According to the Agency for Toxic Substances and Disease Registry, much of the drinking water at Camp Lejeune was contaminated with a variety of chemicals, including:

• Trichloroethylene
• Tetrachloroethylene
• Vinyl chloride

Exposure to the drinking water at Camp Lejeune that contains these and other chemicals has been linked to health ailments, such as:

• Kidney cancer
• Bladder cancer
• Liver cancer
• Non-Hodgkin lymphoma
• Leukemia
• Cardiac defects
• Multiple myeloma
• Adverse birth outcomes
• Parkinson’s disease
• Aplastic anemia

Veterans who meet certain requirements are eligible for disability benefits from the U.S. Department of Veterans Affairs. But this has not properly compensated all affected individuals. Attempts to file civil suits have failed, largely because of something called a statute of repose.

What’s a Statute of Repose?

A statute of repose places a deadline on when potential plaintiffs can file a lawsuit. It’s very similar to a statute of limitations in that it essentially bars any legal action unless it’s brought by a specific deadline. But a statute of repose differs from a statute of limitations in one key way.

The statute of repose “clock” begins after the defendant does something. It has no relation to when the plaintiff got injured or discovered their injury. In contrast, a statute of limitations “clock” typically starts after the plaintiff was injured or when they should have discovered the injury with reasonable effort.

In plain English, this means if you’re a plaintiff, you do not want a statute of repose to apply, because it can extinguish your rights to pursue a case even before you are aware that you have a case.

When it comes to water contamination injuries from Camp Lejeune, for now, the statute of repose applies. And in North Carolina, based on the relevant dates when Camp Lejeune’s drinking water was contaminated, the deadline to file a civil suit has passed.

Even though North Carolina’s statute of repose has been amended, these changes didn’t apply retroactively. This meant that previously time-barred cases could not be resurrected. But thanks to a soon-to-be enacted federal law, victims of Camp Lejeune toxic drinking water exposure could get their day in court.

Honoring Our PACT Act of 2022

For the past few years, there have been multiple attempts to pass the Camp Lejeune Justice Act that would allow individuals exposed to the hazardous chemicals in Camp Lejeune’s drinking water to sue the federal government. These prior attempts have failed, although it appears there might be future success.

The Camp Lejeune Justice Act of 2022 was included as part of the Honoring Our PACT Act of 2022, which just passed the U.S. Senate. It’s very similar to the version that was passed by the House of Representatives earlier, but due to changes made in the U.S. Senate, it needs to go back to the House of Representatives to be voted on again. It’s expected to pass and quickly signed into law by President Biden.

What Does the Camp Lejeune Justice Act of 2022 Do?

Assuming it gets enacted, the Camp Lejeune Justice Act of 2022 will eliminate the ten-year statute of repose with respect to bringing a personal injury lawsuit due to toxic water exposure at Camp Lejeune. To be eligible to take advantage of the Camp Lejeune Justice Act of 2022, an individual must meet all of the following requirements:

• Must have been on base for at least 30 days between August 1, 1953 and December 31, 1987. This includes those who may not yet have been born, but whose mothers were pregnant and on-base at this time.
• Must first file a claim to the appropriate federal agency pursuant to 28 U.S. § 2675 and have that claim denied.
• File the lawsuit in the U.S. District Court for the Eastern District of North Carolina (my “home” district).
• Begin the lawsuit within two years of the law going into effect or 180 days after having a claim denied by a federal agency, whichever is later.

As for recoverable damages, plaintiffs can’t recover punitive damages. Also, any compensation relating to toxic water exposure from Camp Lejeune that was received through the VA, Medicare or Medicaid will offset any damage award received from a Camp Lejeune Justice Act of 2022 lawsuit.

Another thing potential plaintiffs should keep in mind is that if they sue under the Camp Lejeune Justice Act of 2022, they can’t bring any other civil suit against the United States under any other law.

What Now?

Now we wait for the Camp Lejeune Justice Act of 2022 to become law. So there are no current lawsuits filed under this law. However, as mentioned earlier, all signs indicate that it will go into effect very soon.

In the meantime, if you believe you have been exposed to contaminated water after spending time at Camp Lejeune, you should consider talking to an attorney about obtaining compensation for any injuries you may have suffered. Feel free to call me at (919) 830-5602 if you have any questions.