Camp Lejeune Water Contamination Lawsuit – September 2023 Update

Opened in 1942, Camp Lejeune is a large Marine Corps base and military training facility in Jacksonville, North Carolina. Camp Lejeune has been used by various branches of the army as a base where marines and sailors prepare for combat and humanitarian missions abroad.

Since its founding, Camp Lejeune has housed hundreds of thousands people (military personnel and their families, as well as civilian workers and contractors).

Camp Lejeune has its own public water system, which in the 1980s was found to be contaminated with industrial solvents, benzene, and other chemicals at concentrations from 240 to 3400 times levels now considered safe.

Former residents, who were exposed to the dangerous chemicals between 1953 and 1987, later developed different types of cancer and other serious diseases. They claim that USMC knew about the Camp Lejeune water contamination and failed to either resolve it or notify the residents.

The Camp Lejeune base is is still used to this day.

Camp Lejeune Water Contamination Lawsuit Updates 2023

September 18, 2023: Challenge to Restructure Leadership Committee Denied

The judges overseeing the Camp Lejeune water contamination lawsuit denied an August 15th, 2023, motion by a law firm challenging the appointment of the leadership team in the litigation. Chief Judge Richard E. Myers II, Judge Terrence W. Boyle, Judge Louise W. Flanagan, and Judge James C. Dever III, signed an order denying the motion. With this distraction out of the way, the leadership committee can refocus its efforts towards discovery and other pre-trial proceedings.

September 8, 2023: Government Introduces Limited Early Settlement Program

There were hints that the government was working on something behind the scenes to create an expedited process for handling some Camp Lejeune Lawsuit Claims. On September 6, 2023, after years of pressure by attorneys plaintiffs and other advocates, the government unveiled a new program referred to as the “Elective Option” or “EO.”

This program is designed to expedite resolution for a specific group of individuals who have suffered from illnesses and diseases linked to the contaminated water at Camp Lejeune. Please understand that while this is encouraging progress, this program is very narrow in scope, and in practice applies to a very small percentage of people. The proposal outlines settlement options ranging from $100,000 to $450,000, which will vary based on the nature of the injury, the duration of a claimants stay at Camp Lejeune, and the time elapsed between exposure and diagnosis. This offer is extended to plaintiffs with one of nine specified diagnoses, categorized into two tiers.

NOTE: Not everyone with an injury listed below will qualify for an early settlement offer.

Tier 1
– Kidney cancer
– Liver cancer
– Non-Hodgkin’s lymphoma
– Leukemia
– Bladder cancer

Tier 2
– Multiple myeloma
– Parkinson’s disease
– Kidney disease (end-stage renal disease)
– Systemic sclerosis/systemic scleroderma

The settlement amounts are allocated within a tier system, taking into account the duration of presence at Camp Lejeune:

30-364 Days
$150,000 Tier I
$100,000 Tier II

1-5 Years
$300,000 Tier I
$250,000 Tier II

Over 5 Years
$450,000 Tier I
$400,000 Tier II

An additional $100,000 may be paid for wrongful death cases.

To qualify for this program, plaintiffs will need to provide evidence of their exposure through records such as housing, employment, and service records. Additionally, a certified medical diagnosis is required. Claims will undergo a “perfection” process and will be subject to an investigation by the Department of the Navy.

While some claimants may find these settlement offers appealing, it’s essential to note that they may not fully account for individual circumstances, such as early diagnoses, early death, enduring hardships, loss of employment, medical expenses, pain and suffering, and a diminished quality of life. Simply stated, they lump everyone with specific injuries together, more like a “class action”, regardless of the extent of their injuries.

From the government’s perspective, this plan aims to streamline the resolution process by addressing some of the most serious cases early on, potentially saving them from extensive legal proceedings on the strongest cases.

Are the offers good? For most people, probably not. But for some it may make sense. Whether these offers are advantageous depends on the unique details of each case. For many, the offers may not align with their expectations, especially in cases where the offered amount does not adequately address the hardships caused by the illness. For instance, someone diagnosed with Parkinson’s Disease, who spent 10 months at Camp Lejeune, would receive only $100,000. This amount may not adequately take into account the significant challenges and expenses associated with the disease. The reality is that this is a very, very low offer in this example. As an example that might make sense, a person diagnosed with bladder cancer, who also had a history of heavy smoking and alcoholism and spent only 30 days at Camp Lejeune, may find it challenging to establish causation to Camp Lejeune contamination and may consider a settlement of $150,000 appropriate.

Key Program Details and Qualification:

Injury: To be eligible for the early settlement program, the plaintiff must have a medical diagnosis of one of the nine specified injuries.

Presence: The settlement amount is determined by the duration of stay at Camp Lejeune, as outlined in the provided table. Most cases may only qualify for the lowest settlement amount.

Latency: The time between exposure and diagnosis is a crucial factor. A minimum of two years must have passed since your “first” exposure and diagnosis, and the diagnosis must occur within 35 years or less of your “last” exposure. If your diagnosis occurred more than 35 years after your last exposure, you are not eligible. For example if a person was at Camp Lejeune last in 1965 and was diagnosed in 2001, they would be ineligible for the early settlement. This is the part that disqualifies most people from the “EO.” Simply put, if more than 35 have passed since the last exposure and the diagnosis, the claimant is ineligible for the “EO” program.

No VA Offset: Under this offer, those receiving VA disability benefits related to their claimed injury will not see their settlement reduced by any benefit amounts received.

Other Injuries: There are no settlement offers available for illnesses or diseases outside of the nine specified conditions.

Our Clients:
We have thoroughly reviewed each of our cases over the last two days. Approximately 50% of our clients have a qualifying injury under the early settlement offer program, however, only about 3% meet the latency requirement. We believe that our cases are not unique, and that a similar percentage exists across the country.

If these numbers are indeed consistent throughout the country, these offers may turn out to be nothing more than a smoke screen. Time will tell. For the remaining 97%, we continue moving forward through the litigation process, and remain committed to securing the best possible outcome for our clients.

September 1, 2023: Encouraging Progress in Camp Lejeune Water Contamination Lawsuits

On August 28, 2023 the Plaintiff’s leadership committee submitted several documents for the court’s review. The leadership committee consists of several lawyers who represent the interests of all Plaintiff’s. The first document submitted is a proposed case management order. This document outlines the courts scheduling process and pre-trial deadlines, among other logistical components. The following are general takeaways from the proposed order:
Pretrial Coordination
1. Master Docket: The order suggests the the Clerk shall maintain a “Master Docket with case number No. 7:23-CV-897 where the leadership committee and the Government may file motions, pleading, notices, etc.
2. Individual Dockets: Each Plaintiff shall maintain its own individual docket assigned to a judge in the Eastern District of North Carolina.
3. Stay: All individual cases with Camp Lejeune Justice Act claims shall be stayed (no action taken) until Plaintiff’s are selected for trial and discovery (the formal gathering and exchange of information between parties).
4. Status Conferences: The Court shall hold regular status conferences in which the Plaintiff’s leadership and the Government will update the court on the number of cases files, status of agreements between parties since the last conference, a summary of discovery conducted, and other issues the parties wish to raise.
5. Master and Short Form Complaint: the leadership committee shall submit a proposed Master Complaint” which outlines the allegations made by the plaintiffs and the over facts of the lawsuit. A “Short Form Complaint” shall be used by each plaintiff when filing a lawsuit. The Short Form Complaint is a condensed version of the Master Complaint which outlines the specific injuries to the individual plaintiff and the basis of the lawsuit.
6. Self-Authenticating and Admissibility of Records: All official records such as medical and service records are self-authenticating and admissible as evidence.
7. Trial Plan: The Plaintiff’s Leadership Committee Plan proposes a plan for “Track 1” trials which would include five injuries: Bladder Cancer, Kidney Cancer, Leukemia, Parkinson’s Disease, and Non-Hodgkin’s Lymphoma. The selection of these Track 1 trials does not reflect the merit of other injuries, but is meant to focus on those for which trial results may help to facilitate resolution for other types of injuries. The Plaintiff’s and the Defendants (Government) will be responsible for choosing 10 cases for trial within 60 days of the filing of the Master Complaint. Parties should be prepared to begin Track 1 trials in the first quarter of 2024.

Within 60 days of filing the Master Complaint the Parties shall select 5 additional diseases for the purpose of creating a “Track 2” procedure.

The Government Plan asks the Court to limit Track 1 cases to Kidney Cancer, Leukemia, and Parkinson’s Disease. The Government also proposes two diseases for Track 2 cases including Breast Cancer and Prostate Cancer. Further, the Government sets forth a “Track 3” trial plan, but does not specify diseases.
8.Global Resolution: The proposed order suggests that the Parties should continue ongoing discussions for creating a process for global resolutions which would certainly simplify and expedite the settlement process.
9. Short Form Complaint: A short form complaint outlines an individuals specific “injuries” and the basis of their claim. This complaint must be completed and filed in every case. The proposed short form complaint in the Camp Lejeune Water Contamination Lawsuit includes basic identifying information, but more importantly gives us a glimpse into what are believed to be the areas of the base most contaminated, and a list of the “injuries” or diseases that may qualify. It is important to note that the law does not specify actual conditions, and the following list taken from the “proposed” short form complaint does not represent “all” of the claims that may qualify:

☐ Adverse birth outcomes (Plaintiff is the PARENT of an individual who died in
utero or was stillborn or born prematurely)
☐ ALS (Lou Gehrig’s Disease)
☐ Aplastic anemia or myelodysplastic syndrome
☐ Bile duct cancer
☐ Bladder cancer
☐ Brain / central nervous system cancer
☐ Breast cancer
☐ Cardiac birth defects (Plaintiff was BORN WITH the defects)
☐ Cervical cancer
☐ Colorectal cancer
☐ Esophageal cancer
☐ Gallbladder cancer
☐ Hepatic steatosis (Fatty Liver Disease)
☐ Hypersensitivity skin disorder
☐ Infertility
☐ Intestinal cancer
☐ Kidney cancer
☐ Non-cancer kidney disease
☐ Leukemia
☐ Liver cancer
☐ Lung cancer
☐ Multiple myeloma
☐ Neurobehavioral effects
☐ Non-cardiac birth defects (Plaintiff was BORN WITH the defects)
☐ Non-Hodgkin’s Lymphoma
☐ Ovarian cancer
☐ Pancreatic cancer
☐ Parkinson’s disease
☐ Prostate cancer
☐ Sinus cancer
☐ Soft tissue cancer
☐ Systemic sclerosis / scleroderma
☐ Thyroid cancer

Final Note: While these developments represent significant movement in the Camp Lejeune Lawsuits, the information contained in this update and in the linked documents are what is being PROPOSED to the court. Negotiations will take place and a judge will ultimately decide how things will proceed in these cases.

August 24, 2023: More than 1,100 Camp Lejeune Lawsuits Filed

On August 18, 2023, the leadership committee in the Camp Lejeune lawsuits issued a status update. Some highlights included the meeting of a “Science and Experts” subcommittee and a “Discovery” committee. These groups will focus on the science behind the contamination, the retention of experts of experts for litigation, and the organization of relevant documents in the case. The status of a proposed case management order was also discussed, which will set scheduling procedures among other pretrial compliance requirements. Perhaps the biggest takeaway is the anticipation of a public facing website which is intended to keep all parties updated including the court, the lawyers, the government, and the plaintiffs.

August 20, 2023: More than 1,100 Camp Lejeune Lawsuits Filed

Although the pace of lawsuits being filed in the Eastern District of North Carolina has slowed, there have been over 1,100 filed so far. We attribute the slower pace of lawsuit filings to hints by the government at a more efficient process for resolving claims. Recent comments made to major news outlets have suggested they are working on a plan that would streamline the process. However, based on the lack of response so far, we aren’t holding our breath for a resolution anytime soon.

August 14, 2023: Slow Pace of Camp Lejeune Lawsuit Getting Attention From Major News Networks

Just in the last few days, both CBS and CNN have aired primetime stories related to the lack of progress in the Camp Lejeune litigation. When pressed for answers, the government seems to keep kicking the can down the road, giving vague answers and excuses about the delays. One thing is for sure, with pressure from congress and the media, the Department of the Navy and the Department of Justice are now under some serious pressure to get this moving.

August 9, 2023: A Year Into the Camp Lejeune Justice Act Signing

The Camp Lejeune Justice Act was signed into law by the President on August 10, 2022, giving those affected by the water contamination two years to file an administrative claim with the Department of the Navy (DON) seeking compensation. To date, none of the more than 100,000 claims filed have been resolved. Not only have they not been resolved, the DON has not responded to a single one with a settlement offer. Those whose claims are ignored after a six month waiting period can file a lawsuit in federal court. While it is disappointing that government has not taken any action, we are encouraged that we will be permitted to now proceed to the lawsuit stage. Although the government has been woefully unprepared for this despite years of advanced notice, over the next 6 months we expect to see significant progress and guidance. The sad reality is that we have already lost countless souls while awaiting resolution to these cases. Many of those who served our country and were poisoned by the water at Camp Lejeune will never see the justice they deserve. While next-of-kin may file a wrongful death lawsuit on their behalf, it is little consolation for what these brave men and woman have had to endure as a result of the incompetency and indifference of those charged with their safety.

July 29, 2023: Encouraging Progress Made in Camp Lejeune Lawsuits

Lawyers for both the plaintiff’s and the government filed a joint status update on Friday July 28, 2023 in the Eastern District of North Carolina Federal Court. There are two major takeaways:

1. Plaintiff’s lawyers and leadership have had two productive meetings since mid July. Plaintiff’s lawyers will notify the Court by July 31, 2023, regarding appointments to new leadership and committee positions.
2. A meeting in Washington, D.C., between lawyers representing the plaintiff’s, and government lawyers (the defense), resulted in significant progress and an understanding of a possible plan for resolving cases. Specifically, discussion included: global case management; filing of a master complaint and a short-form complaint; a global database and matrix; and a document management system for requesting a receiving documents by the government.

This is exciting news and represents real progress in the Camp Lejeune Lawsuit. While certainly encouraging, it is important to remember that we are still more than one year away from the administrative claim filing deadline, after which potential bellwether trials and settlement negotiations may take place.

July 23, 2023: Major Step Forward in Camp Lejeune Lawsuits

An important step in Camp Lejeune lawsuits was taken this past week when the court approved a plaintiff’s steering committee. This is standard practice in multi-district litigation (MDL) cases. Camp Lejeune lawsuits are neither class action or MDL, however the litigation is set up more along the lines of an MDL. This committee of lawyers representing plaintiff’s will work with the court and the government to help to direct and organize the way that cases and evidence will be presented, and will ultimately create a more efficient and streamlined process. Most importantly, the approval of the committee marks a milestone indicating that the pace of the litigation will begin to speed up.

July 13, 2023: Camp Lejeune Lawsuit Litigation at a Standstill

Disappointingly, the Camp Lejeune lawsuit did not see much progress in June. This is inspite of a forceful May 17th letter signed by 10 members of Congress to the Department of the Navy and the Department of Justice giving a June 9th deadline for an explanation as to the slow progress. King Law will be in attendance at the 2023 American Association for Justice annual conference this week as we continue to put ourselves at the forefront of this litigation.

June 14, 2023: Camp Lejeune Lawsuit News Expected in June

The first two weeks of June have been slow in terms of Camp Lejeune Lawsuit news, however that is expected to change soon. On May 17th, 2023, several lawmakers sent a strongly worded letter to the Department of Justice and the Department of the Navy demanding answers regarding the slow pace of resolving claims of poisoned military members and their families. The letter, signed by 10 members of congress, set a deadline of June 9th, 2023, for a response. As of the date of this publication it is not known if the agencies met their deadline. Even so, the action suggests that pressure is mounting on the government to address this matter.

Additionally, it is expected that we will soon hear news regarding the formation of a Plaintiff’s Steering Committee. In April, a federal judge overseeing the Camp Lejeune lawsuits, issued an order soliciting attorney’s to submit applications to the Court to become part of this leadership group. Formalizing such a committee will undoubtedly result in additional advocacy on behalf of the victims of the Camp Lejeune water contamination. While the first half of June has been lacking in news, we expect significant Camp Lejeune Lawsuit updates shortly.

>>> Read Past Camp Lejeune Lawsuit Updates Here

What Happened at Camp Lejeune?

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 chemicals leeched into the water supply from junkyards, fuel supplies, and a dry cleaner located near the base and were ingested by the residents, causing serious health problems. Amongst the most common marine corps camp lejeune water contamination health effects are:

• Various cancers
• Infertility
• Miscarriages 
• Birth defects and development problems  
• Heart disease 

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

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 President Biden. The act differs from previous bills and allows for financial compensation beyond VA healthcare and disability benefits. Veteran’s and their families were previously blocked from suing due to North Carolina’s 10-year statute of limitations. This was upheld by the Supteme Court in 2014. The Camp Lejeune Justice Act creates new law which allows individuals affected by the contamination to sue regardless of when they leaned about their exposure. Claimants have a two-year period from the signing of the Act to file an administrative claim. This window will expire on August 10, 2024.

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 to consider when hiring a Camp Lejeune water contamination lawyer:

When choosing a Camp Lejeune law firm, consider the following: 

• Free case evaluation
• Related experience 
• Client reviews 

At King Law, we are a team of experienced personal injury lawyers, who take great pride in helping people who have been wronged to get the compensation they deserve. 

Contact us for a case evaluation and we will help you determine if you’re eligible for a Camp Lejeune lawsuit.

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 were contaminated with toxic chemicals. From the very opening of the Camp Lejeune military base in 1942, dangerous chemicals 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?

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.

Mercury

In September 2012, twelve pounds of mercury was found at Hadnot Point Water Treatment plant which was shut down for several weeks for cleanup. It is suspected that the source of the contamination is linked to water pressure meters containing mercury which were removed in the 1980’s. Symptoms of mercury exposure include increased blood pressure, metallic taste in the mouth, vomiting, sore throat, coughing, nausea, and vision problems. Pregnant woman can also pass mercury on to unborn children. Those who were exposed to mercury at Camp Lejeune between 1953 and 1987 may be eligible for compensation.

Health Effects Of Contaminated Drinking Water At Camp Lejeune 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

Camp Lejeune Water Contamination Timeline

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.

2022 | Camp Lejeune Justice Act Becomes Law

The Camp Lejeune Act was passed by Congress and was signed into law by the President on August 10, 2022. Individuals must file a claim within two years of the passage of the law. It is expected that tens-of-thousands of Camp Lejeune lawsuits will be filed and the process is anticipated to take several years to resolve.

2023 | First Camp Lejeune Lawsuit Filed

The first Camp Lejeune lawsuit was filed on February 10, 2023 in the Eastern District of North Carolina Federal Court.

Am I Eligible for a Camp Lejeune lawsuit?

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.

Camp Lejeune Settlement Amounts

It will take some time until an average Camp Lejeune payout can be calculated, since no cases have been concluded yet. Many factors will be taken into consideration including the type and severity of harm you suffered, your time spent on base, and more. Lawsuit settlements may also cover pain and suffering, loss of income, medical bills, legal fees and more.

Many in the legal community expect the Camp Lejeune settlements to reach 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 mean actual physical pain due to injuries or diseases or mental anguish, uncertainty and fear.

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.

Camp Lejeune Claim Process

We expect that the law will give claimants two years to file a lawsuit or claim and that a Federal Judge will preside over an organized litigation. That process is designed to make the exchange of information between the parties more efficient.

The first step in the Camp Lejeune lawsuit will be discovery, which is the exchange of information.

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. 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 Camp Lejeune Water Contamination 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 your marine corps camp lejeune water contamination lawyer will help you gather evidence that you were at Camp Lejeune for at least 30 days between 1953 and 1987, and that you were exposed to contaminated water and they developed an illness. 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 marines camp lejeune water contamination 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. 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 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 became 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.

Wrongful Death Claims

For years many families filed wrongful death Camp Lejeune claims against the government. Unfortunately those claims were all rejected because of North Carolina’s “Statute of Repose” law which sets strict criteria on how far back an injury may be. The Camp Lejeune Justice Act, part of a larger bill called the Honoring our Pact Act, allows individuals and their families to file a Camp Lejeune lawsuit regardless of the amount of time that has passed since the exposure. Families must still prove that the claimant was present at Camp Lejeune for at least 30 days between August 1 1953, and December 31, 1987, and that they developed a serious illness or disease than can be linked to the exposure. In order to bring a claim for wrongful death, next-of-kin must be assigned as an administrator of the decedent’s estate.

Burden of Proof

Many people worry that they may have difficulty proving their claim. Fortunately, the Camp Lejeune Justice Act allows for a lower burden of proof than is typically seen in this type of lawsuit. Claimants must show a “causal” relationship between the injury and the exposure, or that the exposure to the contamination was “just as likely as not” to have caused the illness or disease. This term is also knows as “equipoise.” This is the first time that this lower burden of proof has been permitted in a civil case. As this litigation proceeds, we will learn more about what proof will meet the equipoise standard.

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.

Frequently Asked Questions

Related Posts on Camp Lejeune Water Contamination

References: 

1. Contaminated Water Supplies at Camp Lejeune: Assessing Potential Health Effects – National Research Council (US) Committee on Contaminated Drinking Water at Camp Lejeune: https://www.ncbi.nlm.nih.gov/books/NBK215286/
2. H.R.2192 – Camp Lejeune Justice Act of 2021: https://www.congress.gov/bill/117th-congress/house-bill/2192?s=1&r=1
3. Camp Lejeune, North Carolina – Agency for Toxic Substances and Disease Registry: https://www.atsdr.cdc.gov/sites/lejeune/index.html
4. Evidence Linking Drinking Water Contaminants and Specific Cancers and Other Diseases – Agency for Toxic Substances and Disease Registry: https://www.atsdr.cdc.gov/sites/lejeune/Assessment-of-Evidence.html
5. Tarawa Terrace Reports – Agency for Toxic Substances and Disease Registry: https://www.atsdr.cdc.gov/sites/lejeune/tarawaterrace.html
6. Tetrachloroethylene (PERC) – Agency for Toxic Substances and Disease Registry: https://wwwn.cdc.gov/TSP/ToxFAQs/ToxFAQsDetails.aspx?faqid=264&toxid=48
7. Tetrachloroethylene Health Effects – Agency for Toxic Substances and Disease Registry: https://www.atsdr.cdc.gov/sites/toxzine/tetrachloroethylene_toxzine.html#health_effects
8. Kidney (Renal Cell) Cancer – National Cancer Institute: https://www.cancer.gov/types/kidney
9. Vinyl Chloride – National Cancer Institute:https://www.cancer.gov/about-cancer/causes-prevention/risk/substances/vinyl-chloride
10. Benzene – Center for Disease Control and Prevention: https://emergency.cdc.gov/agent/benzene/index.asp
11. Elemental Mercury Detection in Pipes at Hadnot Point Water Treatment Plant – The United States Marine Corps https://www.lejeune.marines.mil/News/Press-Releases/Article/513539/elemental-mercury-detection-in-pipes-at-hadnot-point-water-treatment-plant/
12. Diseases Associated With Exposure to Contaminants in the Water Supply at Camp Lejeune – Federal Register: https://www.federalregister.gov/documents/2017/01/13/2017-00499/diseases-associated-with-exposure-to-contaminants-in-the-water-supply-at-camp-lejeune
13. Camp Lejeune Water Contamination Health Issues – U.S. Deparment of Veteran Affairs: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/
14. Jistory of Camp Lejeune – The United States Marine Corps: https://www.lejeune.marines.mil/Offices-Staff/Environmental-Mgmt/Cultural-Resources/History-Live/History-of-Camp-Lejeune/
15. Summary of the water contamination situation at Camp Lejeune – Agency for Toxic Substances and Disease Registry: https://www.atsdr.cdc.gov/sites/lejeune/watermodeling_summary.html
16. The Honoring America’s Veterans And Caring For Camp Lejeune Families Act Of 2012 – House Committee on Veterans’ Affairs: https://veterans.house.gov/legislation/hr1627.htm#:~:text=the%20Veterans%20Administration-,The%20Honoring%20America%27s%20Veterans%20and%20Caring%20for%20Camp%20Lejeune%20Families,%2C%20education%2C%20and%20memorial%20services.
17. First official lawsuit in Camp Lejeune Justice Act has been filed – The Daily News: https://www.jdnews.com/news/first-official-lawsuit-in-camp-lejeune-justice-act-has-been-filed/article_05344686-a593-5eb6-930b-e1aa3e9a6091.html