Camp Lejeune Water Contamination Lawsuit – March 2023 Update

LATEST NEWS ON CAMP LEJEUNE WATER CONTAMINATION

March 20, 2023: Camp Lejeune Claimants Urged to Beware of Scams

These days our personal information is as accessible as ever. Show an interest in something by giving out your email or phone number and that data is sure to make its way into the hands of unsavory characters. Claimants in the Camp Lejeune water contamination lawsuits are not immune, in fact, it is a population that scammers tend to target – the elderly. We at King Law often hear from our clients that they receive constant texts and emails stating, among other things that “Your Camp Lejeune case has been settled – click here to claim your funds.” Let us be 100% clear: NO cases have been settled and NO cases have been heard in court. Jury verdicts and settlement offers are months – if not years away.

The most recent update available as of March 20, 2323 indicates that more than 25,000 claims have been filed under he Camp Lejeune Justice Act and just more than 200 lawsuits have been filed. This represents a tiny fraction of the amount of cases that the courts will need to process through. The truth is that the government has still given no indication as to how they will address the massive volume of Camp Lejeune claims.

If you are contacted in any way asking that you need to claim your settlement before it expires, it is certainly a scam. Should you have any questions regarding your case it is always best to contact your attorney directly.

March 12, 2023: The Pace of Camp Lejeune Lawsuit Updates Continues at a Crawl

The government (the defense) in this litigation has still not created any system for processing what expects to be tens-of-thousands of lawsuits, if not more. This could be a staffing issue or a strategic move to delay until the two year claim window expires in August of 2024. This way they will know exactly how many cases they are dealing with and have a better idea of how they plan to settle them. The bottom line is that this will, as we have always known, be a long process.

March 2, 2023: Camp Lejeune Lawsuits Reach 200

The number of Camp Lejeune water contamination lawsuits filed in the Eastern District of North Carolina Federal Court continues to be slow. Approximately 200 lawsuits have been filed to date. There continues to be no movement in terms of scheduling or potential trial dates. The number of administrative claims filed continues to inch up slowly and currently stands at approximately 25,000. It is believed that the Judge Advocate General (JAG) of the Department of the Navy has not offered to settle any claims filed to date and has instead allowed the 180 day review period to expire. This allows a claimant to then file a lawsuit in federal court.

February 23, 2023: VA comments on benefits related to Camp Lejeune

David Barrans, a lawyer for the VA has confirmed that the filing a Camp Lejeune Claim under the Pact Act or the Camp Lejeune Justice act will not affect a persons eligibility for VA benefits. The VA has been more active in voicing their position because they are concerned about veterans not filing for disability benefits because they are bringing a Camp Lejeune Justice Act Claim.

February 16, 2023: Camp Lejeune Lawsuits and Claims Update

In the Eastern District of North Carolina, nine additional CLJA civil lawsuits were filed yesterday, bringing the total number of Camp Lejeune lawsuits filed to 112 now that the administrative claim deadline for the earliest JAG claims has passed. Recently, JAG reported that they have received over 20,000 administrative claims under the CLJA.

February 12, 2023: Camp Lejeune Litigation Enters Next Stage

On Friday February 10th, 2023, the Camp Lejeune Justice Act entered the next stage of litigation. On August 10, 2022, the Camp Lejeune Justice Act was passed and permitted affected individuals the right to file a claim and a subsequent lawsuit for damages caused by the contaminated water at the base.

The first step in the process is to file an administrative claim with the Department of the Navy (DON) who then has 180 days to act on the claim either by accepting, denying, or allowing the claim to expire. Should a claim go unresolved after the 180 waiting period, the individual is then permitted to file a lawsuit. On February 10, 2023, thousands of the first administrative claims expired without a resolution. It is expected that the Eastern District of North Carolina Federal Court will begin receiving thousands of lawsuits immediately.

For some perspective, the DON sent an email to attorneys on February 10, 2023, notifying them that they sent out 4,487 “Perfection Letters” to those who filed claims in August. To learn more about the definition of a “Perfected Claim” see the article below.

We expect much more information in the coming days and weeks.

February 1, 2023: Office of the JAG Provides Camp Lejeune Update to Attorneys

As we approach the 6 month mark since the passing of the Camp Lejeune Justice Act, the Office of the Judge Advocate General (JAG) recently provided a progress update to attorneys.The good news is that there was an update – the bad news is that there isn’t much substance.

A Tort Claims Attorney with the JAG covered the following topics in a January 31st email:

Progress on Claims:
As required by law, each claimant must file an administrative claim commonly called a “Claim for Injury or Death” with the JAG. This procedural step must be completed before a lawsuit can be filed in federal court.

The update indicates that JAG will begin notifying claimants (or their attorneys) as to whether their administrative claim has been properly filed (or perfected). These notifications will include those administrative claims filed from August-October of 2022. The perfection standard includes such elements as:
Correct Legal Name; Standing to File Claim; Amount of Claim; Basis of Claim; Authorization (for claims requiring an executor or authorized representative); Correct Agency Addressed

Substantiation Requests
Here, the attorney indicates that those Camp Lejeune claims which were filed between August and October of 2022, have been perfected, and fall into the presumptive list of conditions, claimants will receive a letter requesting additional information regarding their service.

Scams
The JAG office makes a point to recognize that there are a lot of scams surrounding Camp Lejeune Claims. Specifically, people should be on the lookout for emails saying that they need to accept their settlement or the offer will expire. All communication from the government will be written on Department of the Navy letterhead or from the official CLClaims email address, or by first class mail.

Claims Portal
The update here indicates that they have made significant progress on the claims portal, but that government red tape has slowed the process, citing security concerns.

Claimants Seeking to Litigate
For those who plan to litigate cases (or file a lawsuit) and move beyond the administrative claim process, the JAG is asking attorneys to notify them so that they can forward the requests to the DOJ allowing them to plan for resources.

Numbers
The update notes that the JAG received approximately 10,000 claims in the first 3 months (August through October 2022). They expect that November, December, and January will show a large increase. To put that in perspective, the department typically handles 1,500-2,000 cases in an entire year.

While there isn’t much substance to the update from the JAG, we do expect significant updates in the coming weeks and months.

January 3, 2023: Order Regarding Exhaustion of CLJA Claims

With respect to the legacy cases filed in the Eastern District of North Carolina, Chief United States District Judge, Hon. Richard E. Meyers II, issued and order finding that the plaintiffs failed to follow procedures prescribed by the Camp Lejeune Justice Act (CLJA) and therefore the Court does not have jurisdiction to hear the cases. The full order reads:

“These matters come before the court on the parties’ briefing in response to the court’s order concerning administrative exhaustion of the Plaintiffs’ claims against Defendant under the Camp Lejeune Justice Act of 2022, Pub. L. No. 117-168, § 804, 136 Stat. 1802 (2022) (“CLJA” or “Act”)[DE 15, 17, 19). For the same reasons cogently stated in an order issued by the Honorable James C. Dever III in Fancher v. United States, No. 5:22-CV-00315-D, [DE 30) (E.D.N.C. Dec. 20,2022), which addressed the same arguments presented by the parties in the above-captioned cases, the court finds that Plaintiffs have failed to demonstrate they exhausted their administrative remedies as required by the CLJA and, thus, the court lacks subject-matter jurisdiction to hear their claims. In due time, the court will enter separate orders in each case addressing issues and/or arguments specific to that case.”

The law requires that a person must file an administrative “Claim for Injury or Death” with the Office of the Judge Advocate General (JAG Unit – Department of the Navy) prior to filing a lawsuit in federal court. The JAG unit then has 180 days to respond to the claim.

Camp Lejeune Water Contamination Background Information

From 1953-1987 the United States Marine Corps (USMC) training facility at Camp Lejeune in North Carolina exposed service members, their families, and civilian workers to contaminated drinking, cooking, and bathing water.

Industrial waste, pesticides, solvents, and other chemicals were buried in the ground or dumped into storm drains. These toxins leeched into the water supply and have been linked to cancer, birth defects, miscarriages, and other health problems. In many cases, the chemical concentrations were thousands of times higher than safe levels. The United States government knew about the contamination and failed to act.

It is estimated that more than one million civilian workers, military service members, and their families may have been exposed to the contaminated water supply. Victims may now be eligible to receive lump sum financial settlements under the Camp Lejeune Justice Act of 2022.

On this page:

Camp Lejeune Water Contamination Lawsuit Lawyers

As early as 1953 the water supply at Camp Lejeune became contaminated. Hazardous chemicals and volatile compounds poisoned the water supply for more than 30 years. These toxins filtered into the groundwater from junkyards, fuel supplies, and a dry cleaner located near the base.

It wasn’t until 1982 that the military and the U.S. Government discovered the contamination. Cancer causing toxins such as trichloroethylene (TCE), tetrachloroethylene (PCE), and vinyl chloride (VC) were detected in the water used for drinking, cooking, and bathing. More than 1 million civilian workers, military personnel, and their families were exposed to what some scientists call the largest water contamination disaster in the nation’s history.

The Camp Lejeune Justice Act of 2022 is a bill which allows victims of water contamination at Camp Lejeune to file lawsuits in federal court to recover a financial settlement for damages. The bill was signed into law in August of 2022, by the President.

Widows of veterans like Dawn Green in the video above are just one of the many tragic stories caused by the water contamination at Camp Lejeune. With the Camp Lejeune Justice Act, a widow like Dawn is able to file a lawsuit for the pain and suffering his husband’s death has caused. These stories continue to fuel the passion King Law feels for helping the Camp Lejeune victims.

What Caused the Camp Lejeune Water Contamination?

Beginning in the early 1980’s it was discovered that several water supplies at the Camp Lejeune Marine base became contaminated with toxic chemicals. As early as the opening of Camp Lejeune in 1942, dangerous industrial compounds began to seep into the water systems supplied by Tarawa Terrace and Hadnot Point water-treatment plants. These plants served enlisted-family housing, barracks, administrative offices, schools, and recreational areas, and the hospital.

Water from the Tarawa Terrace water treatment plant, which began operation in 1952, was primarily contaminated by the waste disposal practices at ABC One-Hour Cleaners, an off-base dry cleaning establishment. This plant provided water to:

• Tarawa Terrace family housing
• Knox trailer park

The Tarawa Terrace plant was shut down in 1987.

Water from the Hadnot Point water treatment plant, established during the construction of Camp Lejeune in 1942, was contaminated primarily by leaking underground storage tanks, industrial waste, and other disposal sites. More than 800,000 gallons of fuel may have leaked in the ground. This plant generally served:

• Mainside barracks
• Hospital Point family housing
• Family housing at Midway Park, Paradise Point, and Berkeley Manor until June 1972

Much of the contamination came from the Tarawa Terrace and Hadnot Point water treatment plants. Anyone who used the water for drinking, bathing, cooking, and even swimming, was potentially exposed. Most of the contaminated wells were shut down in 1985 when cleanup efforts began.

What chemicals were in the water at Camp Lejeune?

The water supply at Camp Lejeune was contaminated by hazardous chemicals, volatile organic compounds, and other dangerous toxins such as fuel, oil, and degreasers for over 30 years.

Numerous studies have been done by the Agency for Toxic Substances and Disease (ATSDR) that link exposure to the contaminated water at Camp Lejeune to many diseases, including several types of cancer.

The primary chemicals found in the water were:

• Tetrachloroethylene (PCE)
• Trichloroethylene (TCE)
• Vinyl chloride
• Benzene
• DCE (trans-1,2-dichloroethylene)

Tetrachloroethylene (PCE)

Former Marines and their families who lived in Tarawa Terrace family housing between 1957 and 1987 were exposed to drinking water contaminated with the dry-cleaning solvent tetrachloroethylene (PCE). Levels of PCE in the drinking water during this period were 43 times higher than the amount currently allowed by the Environmental Protection Agency (EPA) under the Safe Drinking Water Act. Studies suggest a link between exposure to PCE for extended periods may lead to an increased risk of illnesses, including bladder cancer, non-Hodgkin’s lymphoma or multiple myeloma.

Trichloroethylene (TCE)

The Hadnot point plant, mostly contaminated by the dumping and burial of volatile chemical compounds, was found to have TCE (trichloroethylene) as the main contaminant. TCE is used primarily to make refrigerants and other hydrofluorocarbons, as well as a degreasing solvent for metal equipment. Maximum TCE level detected in drinking water was 1,400 parts per billion (ppb) in May 1982. For comparison, this is 280 times higher than the current limit for TCE in drinking water of 5 ppb. Kidney cancer is caused by prolonged exposure to trichloroethylene and some studies also suggest an increased risk of liver cancer and non-Hodgkin lymphoma.

Vinyl chloride

Vinyl chloride is a known carcinogen that is used to make polyvinyl chloride (PVC) pipes, plastic kitchen utensils, vehicle upholstery and wire coatings. Prolonged exposure to vinyl chloride increases the risk of hepatic angiosarcoma, a rare form of liver cancer, as well as lymphoma, leukemia, brain cancer and lung cancer. Exposure to Vinyl chloride at Camp Lejuene is tied to the Hadnot point plant.

Benzene

Benzene is primarily used to create plastics, resins, synthetic fibers and nylon. Long-term exposure to benzene impacts the blood and is linked to cancers including leukemia and other cancers of the blood-forming organs. Benzene was one of the volatile organic compounds (VOCs) that was found at the Hadnot point plant.

DCE (trans 1,2-dichloroethylene)

In addition to TCE, the Hadnot Point plant also detected the contaminant of DCE (trans 1,2-dichloroethylene). The maximum amount of DCE detected was 407 ppb in January 1985. The current standard for safe drinking water for DCE is 7 ppb. Unfortunately, there have not been sufficient studies to determine the carcinogenicity of DCE.

Presumptive Illnesses and Health Issues Caused by Camp Lejeune Water Contamination

Prolonged and recurring exposure to the chemicals of tetrachloroethylene (PCE), trichloroethylene (TCE), vinyl chloride and benzene through the contaminated water at Camp Lejeune is tied to a number of conditions. These conditions include various types of cancer, birth defects, infertility and other diseases. A list of presumptive conditions related to the water contamination at Camp Lejeune was made available by the Department of Veteran Affairs in 2012. These conditions include:

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

Additional diseases connected with the Camp Lejeune water contamination include:

• Birth defects (including underdeveloped organs)
• Breast cancer
• Cardiac Defect
• Cervical cancer
• Esophageal Cancer
• Fatty Liver Disease
• Infertility
• Liver disease
• Lung cancer
• Miscarriages
• Myelodysplastic Syndrome
• Neurological Issues
• Ovarian cancer
• Prostate cancer
• Renal Toxity

Water Contamination Dates

The Marine Corps military base and training facility of Camp Lejeune has an over 80 year history. Listed below is the timeline since the start of the water contamination to the present day.

1942 | Camp Lejeune Opens

In April of 1941 congress approved the construction of the military base. The base opened in 1942 and was named the Marine Barracks Camp Lejeune to honor the 13th Commandant and Commanding General of the 2nd Army Division in World War I, Major General John A. Lejeune.

1953 | Water supplies begin to be contaminated at Hadnot Point

An off-base dry cleaner, ABC One Hour Drycleaner opens and begins to dump waste directly across the street from Tarawa Terrace. By August of 1953, water was contaminated with toxic chemicals. This is the point in which the eligibility period begins under the Camp Lejeune Justice Act of 2022.

1982 | Military discovers contamination

In May of 1982, maximum TCE levels were detected at Hadnot Point. PCE, DCE, vinyl chloride and benzene are also detected. The sources of contamination were leaking underground storage tanks and waste disposal sites.

1985 | Water wells and supply plants begin to be shut down

Almost 3 years later, the most contaminated wells at Hadnot Point were shut down in February of 1985. Maximum PCE levels at Tarawa Terrace are detected at this time with the most contaminated wells also shutting down.

2012 | Camp Lejeune Families Act of 2012

In 2012, the Camp Lejeune Families Act was passed that provides free healthcare for certain conditions to Veterans who served at least 30 days at Camp Lejeune from August 1, 1953 and December 31, 1987. Veterans must also have developed one of the eight presumptive illnesses including leukemia, aplastic anemia, bladder cancer, kidney cancer, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma or Parkinson’s disease.

2022 | Camp Lejeune Justice Act is passed by the Senate

The Camp Lejeune Justice Act of 2022 was passed by the United States Senate on June 16, 2022. This bill received bipartisan support and would provide former residents, veterans, civilians and their families the ability to file a lawsuit in federal court to recover a financial settlement for damages. The bill will become law once signed by the President.

Settlement Amounts and Payouts for Camp Lejeune

To be eligible for a settlement, a person must have lived, worked, served, or have been present at Camp Lejeune for at least 30 cumulative days between August 1, 1953 and December 31, 1987 and developed some type of harm (such as cancer or other conditions) due to the base’s contaminated water. Unborn children whose mother served, lived, or worked at the base while she was carrying the child may also be eligible.

It will take some time until anyone is certain what the amount of the settlements will be since no cases have been filed yet. Many factors are at play including the type and severity of harm you suffered, your time spent on base, and more. Lawsuit settlements may also cover pain and suffering, lost income, medical bills, and more.

We expect some settlements of several hundred thousand dollars. In general, court settlements reflect actual economic loss, (like time missed from work) and pain and suffering. Pain and suffering can be actual pain or things like mental anguish, uncertainty and fear. We have no doubt that the serious diseases caused by the contaminated water at Camp Lejeune have caused tremendous pain and suffering to all those affected. One initial concern was the amount of money the government will allocate to the settlement fund. There is no settlement fund in this case. The federal government has made any settlement “mandatory spending”, as opposed to discretionary spending.

It is very difficult to assess the value of a victim’s pain and suffering, especially in cases that involve serious medical conditions, like those caused by the contaminated water at Camp Lejeune. One way that lawyers estimate case values is by looking at what other cases have settled for with similar injuries.

We expect that the law will give claimants two years to file a lawsuit or claim. We expect that a Federal Judge will preside an organized litigation. That process is designed to make the exchange of information between the parties more efficient. The exchange of information in a legal matter is sometimes called discovery. After discovery the government and lawyer for the victims will write several briefs and memorandums to the presiding Judge about how the law should be interpreted. This process is called motions. Following discovery and motions we expect one or more Bellwether Trials. Despite some claims, this is not a multidistrict litigation. In fact, by definition this is a single district litigation. A Bellwether trial is the first trial in a an organized litigation. It is used so that both sides can test the issues, and most importantly assess the potential value in all of the other claims. Typically a jury will return a verdict in a Bellwether trial and that will help set the value for other similar cases. Following a Bellwether trial, the parties will attempt to value the remaining cases and resolve them with settlements acceptable to both sides.

How to File a Claim

All claims will go through at least three stages – preliminary investigation, filing of a notice of intention to file a claim, and formal complaint. During the preliminary investigation we must find evidence that a person was at Camp Lejeune for at least 30 days between 1953 and 1987, that they were exposed to toxic water and they have an illness caused by exposure to toxic water at Camp Lejeune. Most victims can show these elements through military documents and medical records. In other cases we have been able to show presence on the base through letters written home or photographs.

The first filing will be notice of intention to file a claim. The Camp Lejeune Justice Act states that a claimant may not bring an action without providing notice to the Department of the Navy. The notice to the Department of the Navy must include identifying information like name and date of birth, when you were exposed, what your illness is and what your damages are. The Department of the Navy then has 180 days to review the submission. Upon denial or the expiration of the 180 days. The victim is then allowed to file a formal complaint in federal court.

The formal complaint for exposure to toxic water at Camp Lejeune can be filed 180 days the notice of intention is filed with the Department of the Navy or after the notice is denied. A Complaint is a “pleading” that begins a lawsuit. The cost of filing a lawsuit in federal court is typically $400. Some cases may be consolidated in a complaint, which would reduce the filing fee. A complaint begins a lawsuit. In this case the Victim of toxic water exposure at Camp Lejeune would be the plaintiff and the United States of America would be the Defendant. The government will be defended by the United States Department of Justice. The complaint will set out what the plaintiff intends to prove. In this case the complaint will allege that the water at Camp Lejeune contained toxic substances, that the plaintiff was exposed to toxic water because of their presence at Camp Lejeune and the plaintiff because sick or died because of their exposure to toxic water at Camp Lejeune. After a complaint is filed the government will file an Answer. The case will then proceed to discovery which is the process of the parties exchanging information. The discovery process will be highly regulated in this case because there are so many cases. There will then be a period of legal maneuvering known as “litigation”. We expect most cases to settle during the litigation phase of the case.

If you are already receiving compensation through the VA due to your exposure to toxic water at Camp Lejeune, you are still eligible to file a lawsuit under the Camp Lejeune Justice Act. You will NOT risk losing your current benefits.

If you or someone you know lived, worked, or was otherwise present at Camp Lejeune for more than 30 days between 1953 and 1987 call us at 585-270-8882 for a free consultation and case analysis.

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