Updates in Camp Lejeune Water Contamination Litigation
It has been decades since veterans were first exposed to toxic water at the United States Marine Corps base at Camp Lejeune in North Carolina, but less than two years have gone by since legislation was passed that enabled veterans to file claims more easily for their injuries. Now, with the deadline to file claims under the Camp Lejeune Justice Act of 2022 (part of the PACT Act of 2022) fast approaching, veterans that were affected by the contaminated water have one last chance to receive compensation for their illnesses.
Camp Lejeune’s History of Water Contamination
The United States Marine Corps founded the Camp Lejeune base in 1942 and by the 1950s, servicemembers were using the water from the base’s water treatment plants to drink, bathe, and cook. But it was not until 1982 – 30 years later – that the treatment plants were discovered to be contaminated with toxic chemicals. The Agency for Toxic Substances and Disease Registry, a branch of the Centers for Disease Control, found that the contamination was largely due to industrial spills, leaking underground storage tanks, and most notably, dry cleaning company located off-base that was disposing dangerous levels of dry cleaning chemicals in the waters. Over 70 other carcinogenic chemicals were found in the water, including chemicals used in degreasing solvents, rug cleaners, and paint removers. These toxins were 240 to 3,400 times over the acceptable level for safety. Despite its discovery, the plants were not closed until 1985.
In that approximate 30-year timeframe, an estimated 900,000 veterans, family members, and civilians may have been exposed to the contaminants, which caused a variety of different illnesses, including cancers of the bladder, breast, liver, lung, and kidney, as well as leukemia, Non-Hodgkin’s lymphoma, multiple myeloma, cardiac arrest, neurological problems, miscarriages, and birth defects.
Despite the severity of the contamination, veterans have had a difficult time receiving compensation for their illnesses. The U.S. Department of Veteran Affairs has established a presumptive service connection for veterans who were exposed to contaminants between August 1, 1953 and December 31, 197 and who later developed one of illnesses – leukemia, aplastic anemia and other myelodysplastic syndromes, bladder cancer, kidney cancer, liver cancer, multiple myeloma, Non-Hodgkin’s lymphoma, and Parkinson’s disease. These are the illnesses that are considered to have “sufficient scientific and medical evidence to support the creation of presumptions.” But despite promises from the federal government back in 2017 that it would pay over $2 billion in disability benefits to those affected, the Veterans Administration has approved only 17% of Camp Lejeune-related claims. The court system proved no better at providing relief. In 2005, a number of veterans filed a lawsuit under the Federal Torts Claims Act, but in 2016, the 850 claims were subsequently dismissed on the grounds of federal immunity and statute of limitations.
The Caring for Camp Lejeune Families Act of 2012 was created to provide healthcare to veterans if they meet certain qualifying conditions. If a veteran served on active duty for at least 30 days between August 1, 1953 and December 31, 1987, regardless of whether they suffer from a condition presumed to be related to exposure, they can receive the healthcare. Healthcare is provided at no cost to those who suffer from one of 15 conditions that are considered presumably related to the water contamination, which include – esophageal cancer, breast cancer, kidney cancer, lung cancer, bladder cancer, leukemia, multiple myeloma, renal toxicity, female infertility, scleroderma, Non-Hodgkin’s lymphoma, myelodysplastic syndromes, hepatic steatosis, miscarriage, and neurobehavioral defects.
The PACT Act
In 2022, the PACT Act (the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act) was passed, which provides compensation and medical benefits to servicemembers who has been harmed by exposure to toxins. The purpose of the PACT Act is that certain medical conditions are presumed to be service-connected as long as the service member in question served in a certain place at a certain time.
The Camp Lejeune Justice Act of 2022 is the section of the law that specifically addresses claims arising from the base’s water contamination. Per the Act, a claimant has two years from August 10, 2022 – the date of the enactment – to file a lawsuit or administrative claim to obtain a settlement. The Act reverses the effect of the 2016 court decision that barred such suits on statute of limitations grounds. The Act also prohibits the government from raising any immunity claims.
A claimant cannot file a lawsuit until their administrative claim has been denied (or six months has passed and no decision was rendered). There is also an expedited process for certain qualifying injuries. The elective option provides claimants with an expedited, standard settlement, based on the length of time exposed to the water supply as well as the “tier” of the claimant’s injury. “Tier 1” illnesses include kidney cancer, liver cancer, Non-Hodgkin’s lymphoma, leukemia, and bladder cancer, with settlement amounts ranging from $150,000 (for 30-364 days of exposure) to $450,000 (for more than five years of exposure). “Tier 2” illnesses include multiple myeloma, Parkinson’s disease, kidney disease, and systemic sclerosis/scleroderma with settlement amounts between $100,000 to $400,000. who suffered from one of nine conditions.
If a claimant’s claim is denied (or their illness is not one of the above), they can instead file a lawsuit, but face a greater burden of proof in that they must show that the water contamination likely caused their illness.
As of recently, 1,662 lawsuits and 176,662 administrative claims have been filed under the Act. However, only 51 cases in litigation have qualified for the elective option. Twenty-one offers have been accepted by plaintiffs, nine were rejected, and fifteen have expired. An additional 59 claimants have been approved from settlement offers outside of the DOJ’s tort branch. Approximately $5,950,000 is settlement payments have been distributed.
The deadline for filing is August 10th, and the DOJ has only settled a fraction of these claims. In light of the pending claims as well as the current litigation, Camp Lejeune victims will benefit from any case movement in the next few months.
Potential for Scams
Unfortunately, potential plaintiffs have more to worry about than just upcoming filing deadlines – they are also susceptible to fraud and harassment. The possibility of receiving large settlements has attracted unscrupulous attorneys and marketers who have engaged in manipulation tactics to obtain personal information and monies from Camp Lejeune victims. According to X Ante, a mass tort research firm, 200 different businesses had spent over $300 million last year in advertisements searching for affected veterans. Over twenty law firms were involved in illegally robocalling and texting veterans without their consent. Those law firms have since been sued for violating the U.S. Telephone Consumer Protection Act. In addition, some law firms were seeking unusually high fees to file Camp Lejeune cases. The Department of Justice responded by capping attorneys’ fees at 20% for administrative claims and 25% for federal lawsuits.
Cold calling by fraudulent companies is also on the rise, with scammers promising veterans a guaranteed settlement in exchange for a fee. The DOJ and Navy have since issued warnings to Camp Lejeune claimants about how to spot scammers.
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