Today I will discuss the Camp Lejeune toxic water litigation, and if there is one fact that I can leave you with in this post, it is this: the deadline for bringing an administrative claim is August 10, 2024.

The Camp Lejeune legislation that was passed about two years ago is rather extraordinary, and what it has done is allowed people who were injured years and sometimes decades ago to bring a current viable claim against the federal government for serious illness and injury suffered as a result of toxic water in and around the Camp Lejeune Marine Corps Base, but if you have a claim and do not file an administrative claim with the US Navy by August 10, 2024, then you will be out of luck, and you will have no recourse to compensation.

Now the good news is filing the administrative claim, which starts the ball rolling to identify to the federal government that you want to bring a claim, filing that administrative claim is somewhat straightforward. I do not believe individuals should represent themselves in this matter. I believe you need an attorney who’s familiar with this litigation to handle that process for you, but the good news is the administrative claims process is not nearly as complex as actually filing a lawsuit, which you certainly will have to do in the months after you file an administrative claim, so write down the date, put it on a Post-it note, or tape it to your refrigerator; and you need to contact an attorney immediately if you believe you or someone you loved, even a deceased parent, or even a grandparent, may have been harmed by exposure to the toxic water at Camp Lejeune.

Let’s back up a bit and talk about this legislation that was passed in August of 2022. I’m going to call it the Camp Lejeune Water Act because that’s simple and everybody can remember it, but in any event this legislation was the culmination of years of dedicated work from concerned citizens, Marine Corps Veterans, attorneys, many people who pushed and pressed the federal government to recognize that thousands of Marine Corps service persons and their families, and the workers who worked on Camp Lejeune, were gravely harmed by decades of toxic water that surrounded the Camp Lejeune Marine Corps Base. The legislation essentially says that anyone who resided worked or was otherwise exposed to water in and around the Camp Lejeune Marine Corps Base for a period of not less than thirty days during these critical dates, August 1, 1953 to December 31st, 1987, would potentially have a claim for financial recovery against the federal government for illness suffered from this toxic water. As you can see, these dates go back far into the past: 1953 is over 70 years ago and the end date December 3, 1987 is almost 40 years ago, so the cohort of potentially injured plaintiffs would be those who were on Camp Lejeune base for thirty or more days between 1953 and 1987, and in that period of time they were exposed repeatedly to the toxic water. So we are looking at almost 35 years where thousands of people were potentially exposed and harmed by this toxic water.

Because these dates go back so far into the past, a lot of these cases will involve individuals who have passed away. You can do the math pretty quickly and recognize that some of these viable claims will be from individuals that right now would be passed away or very old; as as one example, if there was an active duty military person who enlisted in the Marine Corps in the early 50s, that person was probably born in the 1930s, which means he could well be 90 years old right now or even older, so the universe of potential claimants in this litigation could be people that are 90, 80, 70, 60, 50 years old.

The good news is that Camp Lejeune in Jacksonville eventually cleaned up the water sources around Camp Lejeune, so the end date for this exposure to toxic water is December 31, 1987. If you were in an active duty Marine in the late 1980s or 90s or 2000s, then it is most likely the case that you were not exposed to toxic water in and around Camp Lejeune. If you are currently 40 years old, and when you were 20, you lived on the Camp Lejeune base for a year or 8 months, you would not have been exposed to toxic water at Camp Lejeune.

In any event, the people that this legislation is directed toward are those who served in the Marines, were a dependent of an active duty service member, were contract workers on the Marine Corps Base, worked steadily as a civilian on the Marine Corps Base, and then lived or visited base over several months, such that the person can identify at least thirty days that they were on Camp Lejeune Marine Corps Base between 1953 and 1987, and therefore you would be able to establish that you have a claim against the government.

In the master complaint for the plaintiffs in this litigation, the language that the plaintiffs’ executive team has used is stark, essentially they say that scientists have described the Camp Lejeune water disaster as the worst public drinking water contamination crisis in our nation’s history.

The Master Complaint says that between 1953 and 1987, Camp Lejeune provided contaminated water to those on base. This water flowed out of faucets and taps and barracks, housing, buildings, elementary schools, hospital wards, and one or more studies indicate that the contaminants were 280 times higher than what the Environmental Protection Agency considers safe. The next question you maybe asking or concerned about is what kind of diseases or illness might have resulted from these particular types of contaminants, overwhelming the drinking water supply at Camp Lejeune. The short answer is many types of cancer and other diseases have occurred because of this exposure to toxic water.

Some of the cancers and other diseases that have been mentioned as associated with exposure to this contaminated water include leukemia, non-Hodgkin’s lymphoma, certain cancers like bladder cancer, kidney cancer, lung cancer, liver cancer, multiple myeloma, also Parkinson’s disease, certain types of kidney disease, end stage renal disease, systemic sclerosis and scleroderma. There seems to be quite a few potential qualifying injuries that you need to be aware of as you navigate whether you need to try to participate in this litigation, but again I want to emphasize that scientists have been studying this exposure to toxic water for decades now, both related to Camp Lejeune and generally how the human body reacts to exposure to the contaminants that have been identified in the Camp Lejeune water.

Once you file that administrative claim (by August 10, 2024), you have six months to get a response from the government, and after that you can file a lawsuit in the Eastern District of North Carolina. The deadline for filing a lawsuit is February 10, 2025.

The Master Complaint estimates that as many as one million individuals were exposed to toxic water at Camp Lejeune for the relevant period, which means there could be as many as one million claims in this case, so it’s going to be a massive litigation, it’s going to take a long time to process these individual lawsuits. This is not a class action, it is not a multidistrict litigation, which I’ve written about on this website.

This statute and the resulting litigation are great opportunities to pursue compensation if you’ve lost a loved one to cancer, and then find out that the illness was most likely based on exposure to toxic water at Camp Lejeune. If you have any questions about the Camp Lejeune litigation, feel free to call me. My direct line in the office is (919) 830-5602.

In any event, good luck. I hope you get your administrative claim filed by August 10, 2024, and I hope you are fairly compensated for these tragic diseases.

Please note that this post is for informational purposes only and is not legal advice nor intended to be legal advice. If you need a legal opinion about your particular case, contact me or another attorney.

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.

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.

Litigation relating to personal injuries from the Camp Lejeune water contamination is beginning to ramp up. In fact, a status conference hearing has been scheduled for April 5, 2023 in one of the cases. But before we discuss what will happen during that conference, let’s take a quick look at how we got here.

Before the Camp Lejeune Lawsuits

If you’ve been keeping up with the Camp Lejeune water contamination news stories, you’ll recall that President Biden signed the Camp Lejeune Justice Act of 2022 (CLJA) into law in August of last year. The law states that eligible individuals may sue the federal government to recover damages due to exposure to contaminated water from Camp Lejeune.

But before someone can file suit, they must first file an administrative claim with the U.S. Navy Judge Advocate General (JAG). If JAG hasn’t completed processing the claim within six months of filing, the individual can choose to continue waiting or file a civil suit in federal court.

Administrative claims have been pouring into JAG, with tens of thousands filed so far. And as of the time of this writing, it’s not believed that any of those claims have been fully processed. This is a bit frustrating, as most people would prefer to receive compensation for their injuries without having to go to court, or at the very least least, to have some response from the administrative claims process.

With no substantial progress being made with the administrative claims and the six-month waiting period having passed for initial administrative claim filers, the lawsuits have started. There are now at least several hundred cases pending in federal court for the Eastern District of North Carolina before the Honorable U.S. District Judge James C. Dever III.

The Camp Lejeune Water Status Conference

A pre-trial status conference is intended to help the court manage the pre-trial aspects of the case. According to the March 20, 2023 order, the court will hold its status conference at 1 pm on April 5, 2023 at the Terry Sanford Federal Building and United States Courthouse here in Raleigh, North Carolina, where I practice law. At the conference, the court and parties to the lawsuit will discuss various pre-trial matters, such as:

• Protecting evidence.
• Identifying expert witnesses.
• Handling depositions.
• Sorting out the procedures for confirming the specific chemicals claimed to have caused injuries, as well as where those chemicals came from and when they were discharged.
• Establishing the process for potential settlement or mediation.
• Addressing the process for initial disclosures.

As you can see, these issues are vitally important, and with the huge volume of cases expected to be filed, the federal court in North Carolina will need an efficient system or the cases will take many years to resolve.

Further, the issue of handling initial disclosures is especially important because it refers to each party in the lawsuit providing a list to the other side that identifies the potential evidence they may use in the case. This means listing the identity of any potential witnesses and describing the documents or other evidence each side has. Each side must provide these “initial disclosures” without the other party having to first send a formal discovery request. One of the goals of the initial disclosure requirement is to save time during discovery (which is often the longest and most expensive part of litigation).

What’s Next?

After this status conference, the judge and parties in the case will have a clearer picture of what they can expect from the other side before trial. This will then make it easier for the judge to schedule the other parts of the litigation, such as completing discovery and when the litigants must file certain motions.

There’s still potentially a long way to obtaining recovery if you’ve been injured from the water at Camp Lejeune. But the good news is that things are moving, even if a bit slow. Things should begin picking up, and maybe we’ll see some settlements once JAG can make some progress in processing all the administrative claims after setting up its website to accept electronic filings.

In the meantime, you might have questions about whether your injuries are the result of Camp Lejeune’s water contamination and/or how to proceed with legal action. If so, feel free to contact me and I’ll see what I can do to assist you. My direct line at the office is (919) 830-5602.

It’s been a few months since President Biden signed the Camp Lejeune Justice Act of 2022 (CLJA) into law. I’ve written several posts discussing this new law, but none of those posts have gone into detail about how and why the drinking water at U.S. Marine Corps Base Camp Lejeune caused so much harm to so many individuals for so long. Camp Lejeune water contamination, sadly, occurred for decades, and it’s important to understand how it happened and how it hurt people. In this blog post, we’ll examine:

• How the water got contaminated
• What chemicals or toxins contaminated the water
• What health effects resulted from the contamination

Where Did the Camp Lejeune Drinking Water Become Contaminated?

There were multiple locations. According to the Agency for Toxic Substances and Disease Registry (ATSDR), the finished water (water used for drinking, cleaning, bathing, etc.) at Camp Lejeune came from the following eight water-distribution plants:

• New River
• Hadnot Point
• Tarawa Terrace
• Holcomb Boulevard
• Courthouse Bay
• Rifle Range
• Onslow Beach
• Montford Point/Camp Johnson

The ATSDR reports that only the following three water-distribution plants were contaminated with high levels of harmful chemicals: Hadnot Point, Tarawa Terrace and Holcomb Boulevard. However, Hadnot Point and Tarawa Terrace suffered the worst contamination.

Water Contamination at the Hadnot Point Water-Distribution Plant

The Hadnot Point water source provided water to several locations, such as Mainside Barracks and several family housing locations (Berkeley Manor, Hospital Point, Paradise Point and Midway Park).

The primary contaminant in the water was trichloroethylene (TCE), but other contaminants included perchloroethylene/tetrachloroethylene (PCE), benzene, vinyl chloride and trans t-1,2-dichloroethylene (DCE). These chemicals came from various sources, including waste disposal sites, underground storage tanks and chemical spills from industrial locations.

To give you an idea of how bad the contamination was at Hadnot Point, in 1982, the TCE levels in the drinking water was 1,400 parts per billion (ppb) even though the allowable limit was just 5 ppb. That’s 280 times the allowable limits. Which is horrifying.

Water Contamination at the Tarawa Terrace Water-Distribution Plant The Knox Trailer Park and Tarawa Terrace family housing unit were major users of water from the Tarawa Terrace water-distribution plant. The main contaminant found in the water was PCE, which came from an off-base dry cleaning business.

In 1985, PCE was detected in the water from Tarawa Terrace at a concentration of 215 ppb, although the allowable limit was 5 ppb.

Water Contamination at the Holcomb Boulevard Water-Distribution Plant The water contamination at this location is believed to be less severe, as much of the contaminated water used in the Holcomb Boulevard drinking system came from Hadnot Point. Despite the smaller amount of contamination, the level of chemicals in drinking water, such as TCE, PCE and DCE, is believed to have significantly exceeded allowable limits.

What Health Problems Were Caused by the Chemicals in the Camp Lejeune Water?

The human body is complex and there are often various factors that determine whether someone gets sick after exposure to something harmful. That being said, there’s plenty of research that explores the risks of exposure to many of the chemicals found in the Camp Lejeune drinking water. But factors that could affect how these chemicals harm people include:

• Amount of exposure (how much of the toxin was in the water you were exposed to)
• Method of exposure (inhalation of water vapor containing contaminants versus having it touch your skin or drinking it)
• Duration of exposure (how long you were on base)
• At what point in your life you were exposed (as a baby versus as a child or adult)
• Your personal characteristics (such as eating and exercise habits, as well as genetics and family history)

Even though the exact cause of a specific health issue in a particular individual can be complex, scientific research can still conclude that certain health effects are caused by certain chemicals.

The ATSDR states that there’s sufficient evidence to conclude that the following chemicals found in the contaminated water at Camp Lejeune cause the following health problems:

• TCE: Cardiac defects, Non-Hodgkin’s lymphoma and kidney cancer
• PCE: Bladder cancer
• Benzene: Leukemia and Non-Hodgkin’s lymphoma
• Vinyl chloride: Liver cancer

There are other health problems that the ATSDR recognizes are linked to a specific toxin:

• TCE: Leukemia, liver cancer, multiple myeloma, end-stage renal disease, Parkinson’s disease and Scleroderma.
• PCE: Non-Hodgkin’s lymphoma and end-stage renal disease
• Benzene: Multiple myeloma

Finally, there are health problems that have positive associations between an ailment and exposure to a specific chemical.

• TCE and/or PCE: chonal atresia, eye defects, low birth weight, fetal death, major malformations, miscarriage, neural tube defects, oral cleft defects, small for gestational age, breast cancer, cervical cancer, esophageal cancer, lung cancer, ovarian cancer, prostate cancer, rectal cancer, Hodgkin’s disease, impaired immune system function, neurological effects, neurobehavioral performance deficits, severe, generalized hypersensitivity skin disorder
• Benzene: Miscarriage, aplastic anemia and myelodysplastic syndrome
• Vinyl chloride: Brain cancer, lung cancer, liver cirrhosis and soft tissue cancer

Conclusion

One or more of your health problems may have been caused by exposure to contaminated water at Camp Lejeune. But if you want to receive compensation for your injuries, you’ll have to provide evidence to support your claims. Depending on your situation, it might be a good idea to have a competent injury attorney help you with this process.

If you have any questions, feel free to give my firm a call at (919) 830-5602. I’ll do my best to help you.

In today’s blog post, we’re going to go dig a little deeper into Camp Lejeune claims arising from the Camp Lejeune Justice Act of 2022 (CLJA). I’ve written about this remarkable legislation on several occasions, from when it was just a bill to after it got signed into law by President Biden in August 2022.

If you read those blog posts, you’ll recall that before you can file a lawsuit to recover damages for your exposure to the contaminated water, you have to first file an administrative claim with the appropriate federal agency as required by 28 U.S.C. § 2675. Only if this administrative claim gets denied can you sue the federal government. Read on to learn more about this requirement and what it entails.

Where Do I File This Administrative Claim?

The government agency or department tasked with handling Camp Lejeune claims is U.S. Navy Judge Advocate General (JAG), specifically the Tort Claims Unit located in Norfolk, Virginia. This office is part of the U.S. Navy JAG’s Admiralty and Claims Division (also known as Code 15).

According to its website, the Admiralty and Claims Division handles more than 40,000 claims and pays out or recovers $60 to $70 million each year. These claims relate to various federal laws, such as the Military Claims Act and Federal Tort Claims Act. And now, they’ll be adding the CLJA to the list of laws that result in claims for them to handle.

How Do I File an Administrative Claim with the U.S. Navy JAG?

The exact process is undergoing modifications and tweaks as the Tort Claims Unit processes claims. But as of the time of this writing, the first step requires you to file a Camp Lejeune CLJA claims form.

Step two requires you to submit the form to the Tort Claims Unit and this can be completed in one of two ways. The first way allows you to email the form to CLclaims@us.navy.mil with the following subject line: “last name first name MM.DD.YYYY.” This date will be the date the claims form is being submitted. It’s strongly recommended that claims forms be submitted by email for faster processing.

The second option is to mail the claims form to:

Department of the Navy Office of the Judge Advocate General Tort Claims Unit Norfolk Attention – Camp Lejeune Claims 9620 Maryland Avenue, Suite 205 Norfolk, VA 23511-2949

If there are additional questions or need for extra guidance on completing the claims form, you can call the Tort Claims Unit at 757-341-4583. You can also refer to the Camp Lejeune Justice Act Claims Procedure form, which contains additional instructions on completing the claims form. One thing to keep in mind about the Camp Lejeune claims filing process is that you do not send any medical records or evidence along with the claims form. That information will be submitted at a later time.

The Tort Claims Unit is also trying to set up an electronic filing system to better handle the high volume of claims coming in, but that’s still in development right now.

What If I Already Filed a Claim Before the CLJA Became Law and My Claim Was Denied?

You’ll need to refile the claim for reconsideration before you file a lawsuit against the U.S. government.

Do I Need a Lawyer to File a Camp Lejeune Toxic Water Tort Claim with the Tort Claims Unit?

No, you do not. Camp Lejeune claims form is relatively straightforward, although I want to emphasize that this entire process can and probably should be handled by a competent attorney. Finding a good lawyer to assist you early in the process has distinct advantages. Check out my post about the pitfalls of injured plaintiffs representing themselves here. The Tort Claims Unit expects many claims forms to be filed by lawyers on behalf of their clients.

If you think you might have a claim for injuries sustained at Camp Lejeune due to toxic water contamination, it helps to speak with a lawyer. Most will offer free consultations to give you a clearer picture of what you need to do next, such as filing an administrative claim (and can also answer questions about that process).

If want to speak with a personal injury attorney, my law firm’s telephone number is (919) 830-5602. Whether you hire an attorney or handle your claim on your own, good luck. I hope you get a recovery that can help compensate you for your injuries and reflects the appreciation our country has for your service.

Today we’re going to discuss the Camp Lejeune Justice Act of 2022. Great people have been trying to get this legislation passed for many years, and the new law is going to offer a pathway to financial compensation for those people who were exposed to toxic water on the Camp Lejeune Marine Corps Base in North Carolina. Many of those people developed serious health problems, including certain cancers. We’re going to get into the details of this legislation, but first I wanted to tell you about my personal connection to Camp Lejeune Marine Corps Base, and to Jacksonville, North Carolina, which is where the base is located.

Back before I went to law school I was an English instructor at Coastal Carolina Community College in Jacksonville. For a few years down there I taught US Marines, their spouses, children, and I even taught several classes directly on the Marine Corps Base at Camp Lejeune. And so this legislation is very important to me both as a lawyer but also as a person who had a pretty close connection to Camp Lejeune. I guess I would say that there are virtually no other attorneys handling these Camp Lejeune cases that can say they worked on the Camp Lejeune Marine Corps Base as I did. I am very familiar with Camp Lejeune. I’m very familiar with that area. I wanted to share that personal experience, but let’s dive into this Camp Lejeune Water Act that recently passed.

I think it might be important to read certain parts of the bill, which was signed by President Joe Biden earlier this month in August 2022. It’s a straightforward bill, and the language is just astonishing. It starts with this:

This bill is to establish a cause of action for those harmed by exposure to water at Camp Lejeune, North Carolina, and for other purposes. Any individual, including a veteran, or the legal representatives of such an individual who resided, worked or was otherwise exposed, including in utero exposure for not less than 30 days during the period between August 1, 1953 and ending on December 31st, 1987 to water at Camp Lejeune, North Carolina, that was supplied by or on behalf of the United States may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to water at Camp Lejeune.

Let’s unpack that language for a bit. I think the most important detail is the time period. It says: If you were exposed for not less than 30 days during the period between August 1, 1953 and ending December 31st, 1987 to water at Camp Lejeune, then you may have a cause of action against the federal government. Now that is a wide period of time, 1953 to 1987, almost 35 years. If you were there as an active member of the military or a civilian employee working on Camp Lejeune’s base, or a dependent of an active duty service person, and you’re living on base or living near base and going on the base many days over the course of months or years and you were exposed to this water, then you may have a cause of action. Now it’s important to remember that you must have an injury. If you are healthy, there would be no cause of action. But many people, through this period of time going back almost 70 years, were exposed to this toxic water day in, day out for weeks and months at a time and they later developed cancers and other health problems.

What we know about this contamination of the water at Camp Lejeune is that there were two drinking wells at Camp Lejeune. These wells contained a variety of harmful chemicals that were either dumped or released into the wells and the water supply. And those chemicals included trichloroethylene, benzene, vinyl chloride, tetrachloroethylene. These chemicals are bad news, and they are harmful to humans and animals. And it’s important to know that along the way, back in the period of time in the 1950s through the 1980s, there were dangerous levels of these chemicals in the water supply at Camp Lejeune.

Now, extended exposure to those chemicals that we just talked about has been linked to birth defects, cancers and other major health problems. I’ve written about this on my website, which you can check out if you want to read some more about this. But those chemicals can be linked to the development of bladder cancer, kidney cancer, liver, prostate, rectal cancers, ovarian and breast cancer, Non-Hodgkin’s lymphoma. People can also develop cardiac defects, kidney disease, Parkinson’s. Pregnant women can suffer from miscarriage. Babies in utero can develop low birth weight, oral cleft defects and even fetal death. There’s no doubt that these chemicals are seriously harmful to human life and sadly, they were in the drinking water at the Marine Corps Base for decades. Now, I want to stop here and say that here’s the good news: The water is now safe to drink at Camp Lejeune. That is as far as we know. But they’ve done extensive testing since 1987. The water has been safe to drink since that time.

The legislation that has just been passed applies to those people who were exposed to water from 1953 to 1987. So, after that, if you were active duty military in the 1990s or the 2000s, the good news is you weren’t exposed to toxic drinking water with harmful chemicals in the water, and you would also have no cause of action against the government for that toxic water.

If you have been following this Camp Lejeune water bill, you know that a pretty large group of concerned citizens, retired military, parents of children who passed away from unusual cancers, a wonderful army of people have fought for years to get this legislation passed. And happily, it’s now law. So, it’s important to know that if you think you have a claim under this new legislation, you have just two years to submit an administrative claim or to file a lawsuit against the federal government. It’s a short window of time. People think 2 years is a long time, but it goes very quickly. I think if I were to give you any suggestions, not legal advice, I would say this: if you feel you have been harmed and you qualify under these terms in the bill or the law, you need to find an attorney to submit an administrative claim and move forward to a lawsuit very quickly because that 2-year window will close.

The new legislation requires that the exclusive jurisdiction for all of these cases will be in the Eastern District of North Carolina, the federal court in the Eastern District of North Carolina. And that is a court that handles federal lawsuits for people in Raleigh, North Carolina and parts east. And that certainly includes Jacksonville, North Carolina, where Camp Lejeune is situated. This is not a multidistrict litigation the way many other mass tort cases have been organized. This is just exclusive jurisdiction where every individual claim is filed and processed and litigated in the Eastern District of North Carolina. That is also a court with which I’m very familiar. There are 4 federal judges in the United States District Court for the Eastern District: Judge Terrence Boyle Chief Judge Richard Myers, Judge Louise Flannagan, and Judge James Dever. They are all very capable judges, fair judges in my view, but this legislation is going to create claims that are going to extend into the thousands and thousands of claimants. They’re going to probably need more judges, outside judges, specially assigned judges, to come in and help with some of this workload. But that said, even if you’re in another state, even if you’re outside the Eastern District, even if you’re across the country, your claim will be filed in the eastern district of North Carolina and litigated in that court.

Obviously, this new law is going to create claims for people who drank the toxic water, were exposed to the toxic water for more than 30 days and later developed serious health problems. These are going to be people that might be very old and many who have passed away. And in those cases, there will be a cause of action for the loved ones left behind. Even the deceased or the descendants of a deceased person who qualifies under this law, can bring a claim against the government for compensation for the loss of that person.

One thing I want to talk about briefly is how remarkable this legislation is because it leaps over normal statutes of limitations and statutes of repose, which would otherwise have long eliminated any possibility for these people to bring claims against the government for illnesses from toxic water. A statute of limitations is a period of time when you can bring a cause of action before the cause of action is lost forever, “or extinguished.” A statute of repose is somewhat different but serves a similar purpose, where even if you don’t know that you are harmed by a certain bad act, such as toxic water at a military base, there’s a longer period of time which extinguishes your claim whether you knew about the injury or not. Statutes of limitation and repose prevent so many injured people from bringing otherwise valid claims. I won’t get on my soapbox about that today, but this legislation just hurdles all that and says no: even if it has been decades, you have a lawful claim if you qualify and if you bring your administrative petition, and/or your lawsuit within the period prescribed in the legislation. People who were harmed 30, 40, 50, even 60 years ago can now come to court and bring a valid claim and maybe get fair compensation from the government for a terrible wrong that was inflicted on these innocent people.

If you or a parent who has died or someone you know who spent more than 30 days on the base between those periods of time and then later developed one of the cancers or one of the other health problems that I talked about earlier, you need to look into this legislation quickly. As I said, there’s a two-year window. You have to move on this fast. Most likely, you will need the help of a good lawyer to to guide you through the administrative petition process and later the lawsuit filing and then, of course, litigating up to the time where you might be able to resolve the case. This does not mean that all these cases are going to be resolved in 2 years. It’s going to take several years to get most of these claims fully and finally resolved. But those people who wait two and a half years from now will not have an opportunity to bring a claim. And given that we’re talking about injuries that go back to 1953, there’s a unique opportunity in the country now for these injured people to get their day in court.

Anyway, that’s what I’ve got for you today. Again, the new law is called the Camp Lejeune Justice Act of 2022. I’m going to be talking about it in the coming months simply as the Camp Lejeune Water Bill or Water Act because it involves toxic water at Camp Lejeune. If you want to give my law firm a call, please feel free to do so. I’m in Raleigh, North Carolina and our number is (919) 830-5602 and I look forward to hearing from you and even if I don’t, I wish you the best. If you qualify, I hope that you get the compensation you deserve. This is an exciting new law and I hope we can help a lot of people.

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.