Cherry Point Water Contamination Lawsuit – April 2024 Update

The Cherry Point Water Contamination Lawsuit is an active lawsuit

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Cherry Point Water Contamination Lawsuit Overview

The Marine Corps Air Station Cherry Point (“Cherry Point”) was commissioned in 1942. It is located near the Neuse River in Havelock, North Carolina. The air station occupies nearly 29,000 acres and is home to multiple units. Construction started in December 1941, only days before the attack on Pearl Harbor, which expedited the completion of the base. It was initially named after the Marine Corps’ first aviator, LtCol. Alfred A. Cunningham, but it was changed shortly before it was commissioned. 

The Environmental Protection Agency (EPA) classified Cherry Point as a Superfund site in 1994 due to contaminated groundwater and soil. While efforts are underway to remove contaminants from the base, there are still significant concerns over the area’s safety. If you or a loved one has suffered adverse health conditions due to toxic exposure at Cherry Point, you may be able to take legal action. Contact King Law to schedule a free, no-obligation consultation to discuss your case.

Cherry Point Water Contamination Lawsuit Updates

March 2024: Veterans and other individuals who were stationed at Cherry Point may be able to take legal action if they were exposed to contaminated water and subsequently developed an adverse health condition. Affected service members and their families are strongly encouraged to consult a water contamination lawyer as soon as possible. 

August 2021: The State of North Carolina sues  the Marine Corps Air Station Cherry Point for metallic hazardous air pollution.

October 2020: Testing completed by the Department of the Navy indicates PFAS contamination in the groundwater at Cherry Point.

May 2016: The Environmental Protection Agency issues new guidelines on per- and polyfluoroalkyl substances (PFAS) that can be found in drinking water. The new recommendations include that the combined levels of PFOS and PFOA be at or below 70 parts per trillion (ppt).

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History of Toxic Exposure at Cherry Point

Toxic exposure has been a concern at Marine Corps Air Station Cherry Point since 1994 when the EPA placed the site on the Superfund program’s National Priorities List after the discovery of contamination in groundwater, soil, sediment, and surface water. PFAS and Volatile Organic Compounds (VOCs) were also found on the site. 

2012: An area known as Hot Spot 2 is covered due to soil contamination. The land is restricted to industrial use and does not allow groundwater use. 

2005: An air sparging/soil vapor extraction (AS/SVE) system is shut down for a disposal site on the base that is known to contain petroleum products. The system was decommissioned, and the well was abandoned. 

2005: The EPA, the U.S. Navy, and the North Carolina Department of Environment and Natural Resources (NCDENR) signed a Federal Facilities Agreement (FFA) for the site. The FFA ensures that environmental impacts are thoroughly investigated and establishes cleanup schedules. 

2002: The Navy begins groundwater monitoring in the “Old Incinerator Area.” Prior to the monitoring, an air sparging system was installed to address soil contamination.

1994: The Environmental Protection Agency (EPA) places the Marine Corps Air Station Cherry Point on the Superfund program’s National Priorities List (NPL) due to concerns over groundwater, surface water, and soil contamination caused by operations at the base.

Cherry Point Water Contamination Map

Water contamination at Cherry Point is widespread. The base is known to be contaminated with petroleum and PFAS. In addition, Site 90 contains groundwater contaminated with VOCs. A tar-like layer beneath Burn Pit E has also been identified as a potential source of contamination. Soil contamination was evident at sites located throughout the installation.

Contaminants Found in Cherry Point Drinking Water

There have been a number of contaminants found in Cherry Point drinking water. From petroleum to PFAS, military installations throughout North Carolina have been identified with these contaminants. 

PFAS Contamination:

• Per- and Polyfluoroalkyl Substances (PFAS) and other toxic agents have been discovered at Cherry Point. 
• PFAS are forever chemicals that may pose a significant health risk to humans, animals, and the environment.

Petroleum Contamination:

• Sites, including Site 16 (a disposal site), have been identified as having petroleum contamination. 
• Petroleum was found in the groundwater at Cherry Point.
• Petroleum exposure can cause substantial health problems, including irritation of the throat and trouble breathing.

Volatile Organic Compounds Contamination:

• Site 90 at Cherry Point was found to have groundwater contaminated with VOCs.
• VOCs are Volatile Organic Compounds. They can cause serious health problems, including throat irritation, nausea, and liver damage.

Current Water Quality at Cherry Point

Due to contamination at Cherry Point, specific sites have restricted use, meaning that the groundwater is unable to be used. These sites are limited to industrial use only. A 2020 study found off-base drinking water to have a PFOS level of 64 and a PFOA level of 142. The same survey saw testing results for groundwater at the base with PFOS levels of 266 and PFOA levels of 96, substantially over the detection limits. 

Water Treatment Efforts at Cherry Point

Since the late 1990s, state and federal agencies have been engaged in a clean-up effort at Cherry Point. The cleanup efforts have included a ground treatment system, an air sparging/soil vapor extraction (AS/SVE) system, and evacuation techniques to deal with the soil and groundwater contamination at Cherry Point.

Regular testing and monitoring are conducted to conform with the Federal Facilities Agreement (FFA). The FFA was signed by the EPA, the U.S. Navy and the North Carolina Department of Environment and Natural Resources (NCDENR) to help investigate environmental impacts and ensure adequate cleanup measures are met.

Health Risks and Symptoms Linked to Drinking Water at Cherry Point

Exposure to contaminated water at Cherry Point can lead to long-term health programs, including an increased risk for cancer, thyroid disorders, and immune problems. Health risks may also include low birth weight and liver disease.

Health risks and symptoms that may be linked to Cherry Point PFAS contamination:

• Kidney Cancer
• Testicular Cancer
• Thyroid Cancer
• Thyroid Disease
• Ulcerative Colitis
• Bladder Cancer
• Non-Hodgkin’s Lymphoma
• Hodgkin’s Lymphoma
• Leukemia
• Male Breast Cancer
• Prostate Cancer
• Liver Cancer

Our law firm is currently evaluating cases where individuals have been diagnosed with:

• Bladder Cancer
• Breast Cancer
• Hodgkin’s Lymphoma
• Kidney Cancer
• Leukemia
• Liver Cancer
• Non-Hodgkin’s Lymphoma
• Prostate Cancer
• Testicular Cancer
• Thyroid Cancer
• Thyroid Disease
• Ulcerative Colitis

Adverse health effects may not appear for months to years after initial exposure. If any signs or symptoms related to ingesting contaminated water appear, it is imperative to seek treatment immediately. Getting regular health screenings can help ensure that any conditions are caught early and have the best chance for recovery.

Eligibility Criteria for Cherry Point Water Contamination Lawsuit

In order to file a Cherry Point water contamination lawsuit, you will need to meet certain criteria. First, you will need to prove that you were stationed at or near the Marine Corps Air Station Cherry Point. Next, you will need to show proof of duration. Finally, you will need to be able to prove that you suffered adverse health effects due to exposure to toxins at the installation. 

1. Duration of exposure: Duration of exposure is an important factor in toxic exposure and water contamination lawsuits. While toxic exposure is never good, toxic chemicals like PFAS tend to build up in the body. We are typically looking for at least six months of exposure to a toxic substance.

2. Diagnosis: You must have a diagnosis connected to water contamination. Our firm has focused on claimants with kidney cancer, testicular cancer, bladder cancer, thyroid cancer, thyroid disease, and other illnesses listed below.

Our law firm is currently evaluating cases where individuals have been diagnosed with:

• Bladder Cancer
• Breast Cancer
• Hodgkin’s Lymphoma
• Kidney Cancer
• Leukemia
• Liver Cancer
• Non-Hodgkin’s Lymphoma
• Prostate Cancer
• Testicular Cancer
• Thyroid Cancer
• Thyroid Disease
• Ulcerative Colitis

The best way to determine whether you are eligible to take legal action is by contacting an experienced water contamination lawyer. A lawyer can help you understand your rights and work to decide whether or not you have a valid claim for damages.

Cherry Point Water Contamination Settlement and Payout Amounts

Anticipated potential settlement amounts for Cherry Point water contamination lawsuits are between $30,000 and $500,000. However, settlement amounts will vary greatly depending on factors such as the duration of exposure, health impacts, and out-of-pocket expenses. You need to speak with an experienced attorney to receive a personalized assessment of your case’s potential value.

Statute of Limitations for Cherry Point Water Claims

A statute of limitations is how long a plaintiff has to file a claim when they are injured. There is a statute of limitations for Cherry Point water contamination cases where victims have a set time period during which they have to file a lawsuit to be eligible for compensation. Statutes of limitations can vary depending on the states and individual’s specific circumstances in the lawsuit. In most cases the statute of limitations begins running from the date of discovery of the illness. In some instances, the link between contaminated water and the diagnosis was not known at the time a person was diagnosed. When this occurs, a different date might be used to calculate the statute of limitations.

It is important to call a lawyer as soon as possible. In addition to the risks associated with being barred from filing because of a statute of limitations, medical records or other evidence can be destroyed if you wait too long. Our office can investigate older cases, but the sooner we get involved, the more likely we are to find all the evidence required to bring a claim.

How to File a Cherry Point Water Contamination Lawsuit

There are several steps to filing a Cherry Point water contamination lawsuit. Following these steps can help ensure you receive the compensation you deserve based on your injuries. 

Steps to file a Cherry Point water contamination lawsuit:

• Determine your eligibility. The first step to filing a lawsuit is ensuring you meet the eligibility requirements. Criteria include being stationed at Cherry Point and developing an adverse health condition related to exposure to contaminated water at the base.
• Collect evidence. The second step to file a Cherry Point water contamination lawsuit is to collect evidence. Evidence may include your military paperwork, discharge papers, medical records, and out-of-pocket expenses.
  

• Consult with an attorney. As early in the process as possible, you will want to consult with an attorney. An attorney can help ensure your rights are protected throughout the process and will work to secure you the largest compensation possible based on the circumstances of your case. 

Working with an attorney is often critical to ensuring you receive the best possible outcome in your case. Many water contamination claims are challenging to prove and require experienced legal representation. 

Evidence to Support Your Claim:

Evidence is often critical in substantiating a claim in a Cherry Point water contamination case. An attorney can help determine what evidence may be needed to prove your case.

Evidence in a Cherry Point water contamination claim may include:

• Medical records
• Environmental studies
• A copy of your military orders
• Discharge paperwork
• Expert testimony

Failure to secure the evidence you need to support your claim can negatively impact your case and may result in you receiving less than you deserve or nothing at all.

Cherry Point Water Contamination Lawyers

At King Law, our Cherry Point water contamination lawyers can help you determine whether you should pursue a claim for compensation. Our legal team will provide a detailed claim evaluation, assist with document preparation, and provide skilled legal representation throughout the process. Our attorneys have vast experience in environmental and military-related cases. Contact our office today to schedule a free, no-obligation consultation.

Frequently Asked Questions (FAQs)

If you’re considering a Fort Bragg water contamination lawsuit, consider the following frequently asked questions.