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As of February 2024, Camp Lejeune judges ruled to against jury trials according to their interpretation of the CLJA's provisions. Plaintiffs argue that the court’s decision hangs on a difference of opinion, significantly slowing down the advancement of the litigation process.
The official list of diseases on Track 2 has also been revealed, which includes the following:
The court justifies that identifying these diseases could facilitate the settlement of frequently occurring illnesses. This requires a discovery plan proposal for parties to present.
Additionally, Camp Lejeune attorneys have formally requested the production of the Agency for Toxic Substances and Disease Registry (ATSDR) water remodeling project file in its original state. This was argued to prevent the government from producing it in a disassembled form, which could make it difficult to track the historical water conditions at Camp Lejeune from 1957 to 1987.
Of the over 170,000 claims, only 48 cases in litigation were qualified for the US government's Elective Option (EO). Most of these cases' claimants suffer from types of cancers and severe diseases like Parkinson's Disease.
The DOJ also endorsed 58 claimants eligible for EO based on information consolidated by the Navy. This amounts to a total settlement payout of $3.6 million for the endorsed claimants.
The current number of Camp Lejeune administrative claims sits at 170,502, with 1,530 lawsuits. With less than 1% of these claims filed, there is concern that many victims of toxic exposure may not be included in the upcoming trial this coming August 10, 2024.
This list is not exhaustive but highlights the severe and wide-ranging health implications that claimants attribute to their exposure to the contaminated water at Camp Lejeune.
Eligibility largely hinges on factors like the duration of your exposure to toxic chemicals in the contaminated water and the type of health condition you have developed. Specific illnesses such as certain types of cancers, kidney disease, and other conditions have been highlighted in the lawsuits, making cases involving these diagnoses more likely to be considered eligible. It’s also important to have medical records that support your claims and medical records linking your health condition to the contaminated water exposure.
Additionally, family members who have lost a loved one can file wrongful death claims due to health complications believed to be caused by the water contamination at Camp Lejeune. A qualified attorney can assess the specifics of your family members’ situation to determine your eligibility and the strength of your family member’s case.
You can file a Camp Lejeune lawsuit by following the steps below:
The U.S. government has introduced a settlement program with payouts ranging up to $450,000, depending on the specific illness and the length of time the individual was at the base. For example, a veteran diagnosed with kidney cancer who stayed at the base for over 5 years could receive $450,000, while someone who was there less than a year might receive $150,000. Wrongful death claims could receive an additional $100,000. However, many experts and victims feel that these amounts are not adequate.
The potential compensation could be higher if you choose an individual lawsuit rather than opting into the government’s settlement offer.
Judges at Camp Lejeune decided against jury trials, interpreting the CLJA does not include provisions to accommodate this in the ongoing lawsuit. Additionally, Camp Lejeune attorneys have requested the production of the ATSDR water remodeling project file in its original state.
The Camp Lejeune litigation is preparing for its first trial, with key decisions pending on trial format and plaintiff representation, amid concerns of unrepresentative samples in the Track 1 Discovery Pool. Additionally, plaintiffs are appealing a ruling denying access to a crucial cancer study, while warnings have been issued about fraudulent activities targeting claimants in this case involving over 1,400 lawsuits and an average settlement of approximately $242,000.
A study by the U.S. Agency for Toxic Substances and Disease Registry links elevated cancer rates at Camp Lejeune to contaminated water, sparking controversy over its delayed release. Concurrently, the Plaintiffs’ Leadership Group criticizes the government for not adhering to case protocols in selecting eligible plaintiffs and questions the conduct of a lawyer representing some affected individuals, jeopardizing the integrity of the legal process.
The Department of Justice has processed 16 settlement cases under an Executive Order, with various outcomes including rejections and pending decisions. The Navy has forwarded 62 claims to the DOJ, of which 13 have resulted in settlement offers, with four accepted and eight pending. Accepted settlements, including for Parkinson’s disease and non-Hodgkin’s lymphoma, total one million dollars.
The EPA is proposing a ban on TCE, a chemical linked to cancer and other health problems, with a plan to eliminate its use in consumer and commercial products within a year while considering some exemptions. This action comes after findings showed an unreasonable health risk, highlighted by historical contamination at Camp Lejeune that increased Parkinson's disease risk among marines.
The U.S. government has recently introduced a settlement program for the Marine Corps Base Camp Lejeune water contamination cases, offering payouts of up to $450,000, depending on the specifics of each claim. However, many Camp Lejeune lawyers feel that the settlement amounts are too low for most Camp Lejeune victims to consider. The aim is to expedite the resolution of the over 93,000 claims already filed, but this Camp Lejeune settlement could make sense only for cases that would be hard to prove in the District of North Carolina court, such as those with limited exposure and other risk factors.
The DOJ is taking a slow approach to Camp Lejeune lawsuits, suggesting they’re “immature” and need time to develop. The government’s intent is to settle the bulk of these claims before going to trial, potentially to avoid large payouts.
Federal judges have appointed a leadership team to handle the Camp Lejeune lawsuits. A dispute has arisen over whether the case should be designated as multidistrict litigation (MDL), but the existing leadership argues that this is not a requirement for moving forward.
Both plaintiffs and the government have submitted plans for categorizing the Camp Lejeune cases for trial. The key disagreement is over which diseases should be prioritized for early settlement payouts, with plaintiffs advocating for a broader range of conditions.
The total number of civil cases filed under the Camp Lejeune Justice Act has now exceeded 1,100. The rate of new filings has slowed down considerably compared to earlier in the year.
The government is using “assumption of risk” as a defense in the lawsuits, a move that has frustrated some families of Marines. However, this defense may have been included for procedural reasons and should not necessarily be taken seriously.
One year after the passage of the Camp Lejeune Justice Act, there’s increasing concern about the slow pace of claims processing, leading to a rise in wrongful death cases. A CNN story highlighted these concerns.
The Department of the Navy has stated its commitment to resolving over 80,000 claims related to Camp Lejeune, with a special unit set up to focus solely on these cases. They are working to develop a framework for expedited claims processing.
The first joint status report for the Camp Lejeune lawsuits was submitted by both parties. They have requested an extension until September 1, 2023, for individual case deadlines to allow time for a global case management order to be developed.
It can take 1 to 2 years to settle a Camp Lejeune lawsuit. If you are planning to be compensated, it’s best to file your case now.
The time limit to file a legal claim regarding water contamination at Camp Lejeune is typically two years from the moment an individual becomes aware that they have sustained injuries due to exposure.
As of September 2023, no payouts have been settled yet with regard to the Camp Lejeune lawsuit.
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