Camp Lejeune Lawsuit Updates

Let’s start by giving you the latest news and updates on the Camp Lejeune litigation. Our lawyers are committed to bringing victims the latest information in this litigation.

April 21, 2024 – New Lawsuit and Claim Statistics

As of Friday, 40 lawsuits concerning Camp Lejeune have reached settlements, totaling $9.6 million

The Torts Branch has confirmed 60 litigations meeting the Elective Option criteria through documentary verification. The breakdown of cases by injury is as follows: 16 instances of bladder cancer, 16 occurrences of kidney cancer, 12 cases of non-Hodgkin’s lymphoma, six instances of kidney disease, four instances of Parkinson’s Disease, four cases of leukemia, and two instances of multiple myeloma.

Among these cases, plaintiffs have accepted 22 offers, encompassing five cases of bladder cancer, four cases of kidney disease (end stage renal disease), five cases of kidney cancer, four cases of non-Hodgkin’s lymphoma, one case of multiple myeloma, two cases of Parkinson’s Disease, and one case of leukemia. Nine offers were declined, while 17 offers have lapsed. Additionally, 12 settlement offers are presently pending.

Moreover, the Department of Justice has sanctioned offers for 62 claimants based on information provided by the Navy. Among these, 29 settlement offers have been accepted, two have been declined, and 25 have expired, with six pending.

Payments have been dispensed for 22 accepted settlements by the Navy and 18 by the DOJ, totaling $9,600,000. These payments include various amounts for different cases, such as $300,000 and $150,000 payments for bladder cancer cases, $300,000 and $100,000 payments for leukemia cases, $400,000 payment for Parkinson’s Disease cases, $300,000 and $150,000 payments for non-Hodgkin’s lymphoma cases, $300,000 and $150,000 payments for kidney cancer cases, and $250,000 and $100,000 payments for kidney disease cases, among others.

April 11, 2024 – Government Seeks Discovery Extension

Late last month, lawyers representing Camp Lejeune issued an extensive series of discovery requests to the United States, comprising 20 Requests for Production, 20 Interrogatories, and 129 Requests for Admission. The requests targeted information from various federal agencies such as the ATSDR, EPA, Navy, USMC, VA, NOAA, NWS, and USGS.

The United States is seeking more time to respond. It asserts that it has already furnished over 12 million pages of documents during the discovery process. Therefore, it requests a 30-day extension to adequately address these new requests.

Plaintiffs’ lawyers, fatigued by what they perceive as endless stalling, have “sort of” denied this request, only agreeing to entertain extensions for specific issues that may arise. The government argues that the extension is warranted considering the breadth and complexity of the information sought.

The government contends that the delay – extending the deadline to May 28th – will not impact the overall case timeline. However, any bottleneck in pretrial discovery, such as delays in document production or responses to discovery requests as sought here, can significantly impede the entire litigation process. It may lead to subsequent procedural steps, like depositions or the filing of motions, being postponed. This disruption can set off a chain reaction, prolonging the litigation timeline, increasing expenses, and delaying the case's resolution.

April 5, 2024 – Call Your Camp Lejeune Lawyer

If your legal representative is reaching out, make sure to return their call promptly. The deadline to file a claim looms in August. While that might seem distant, for Camp Lejeune lawyers, it feels like it's just around the corner. We must ensure all necessary preparations are in place. This is the stage where attorneys rely heavily on their clients' cooperation to safeguard their rights to pursue or settle a claim without any potential risk of forfeiture.

April 2, 2024 – Deadline to File Looms

To be eligible for a Camp Lejeune settlement, a claim or lawsuit must be submitted within two years of the implementation of the PACT Act. The deadline is August 10, 2024.

The one thing I’m sure of is that people with meritorious claims will try to bring them too close to the deadline and will not be able to find a Camp Lejeune lawyer to handle their claim. If you have a potential claim, call us – call someone – today.

March 28, 2024 – Settlements So Far

Up to this point, the Navy has received 1,662 lawsuits and 176,662 administrative claims linked to Camp Lejeune. Recent data from the DOJ reveals that only 51 cases meet the criteria for participation in the early settlement elective program. Among these, 26 involve bladder and kidney cancer cases.

To date, 21 early settlement proposals have been accepted. The breakdown consists of 5 bladder cancer cases, 4 instances of kidney disease, 5 kidney cancer cases, 3 non-Hodgkin’s lymphoma cases, 1 multiple myeloma case, 2 Parkinson’s disease cases, and 1 leukemia case. Conversely, plaintiffs declined 9 settlement offers.

March 15, 2024 – Case Count

The number of lawsuits related to the toxic water Camp Lejeune has reached 1,633, with an additional 174,891 administrative claims filed.

March 9, 2024- Settlement News

Key line from last status report on settlement:

“The Parties have had several preliminary discussions regarding the possibility of a global resolution of claims that remain in the administrative and legal processes. The Parties continue to negotiate a resolution questionnaire and resolution roadmap.”

March 8, 2024 – Camp Lejeune Schedule

Pushing Track 2 cases forward quickly helps get these case on stronger footing for settlement. This is plaintiffs’ plan for Track 2 discovery:

We talk about the Track 2 cases in the February 26 update below.

March 5, 2024 – Motions for Summary Judgment

Plaintiffs submitted yesterday a reply supporting their motion for partial summary judgment what exactly plaintiffs must prove at trial under the CLJA. Plaintiffs’ lawyer are drilling the point: Congress did not intend to set this up like other tort claims.

The motion asserts that Congress established a distinct standard for proving causation under the CLJA, differing from the common law standard. It argues that the government's approach disregards the specific causation standards outlined in the CLJA, instead favoring a general causation standard unsupported by the statute's language. The reply rebukes the government for overlooking the unique causation standard set by Congress, misinterpreting the plaintiffs' arguments, selectively employing legislative history, and proposing unsupported theories that challenge established legal principles in support of veterans.

The motion asserts that Congress established a distinct standard for proving causation under the CLJA, differing from the common law standard. It argues that the government's approach disregards the specific causation standards outlined in the CLJA, instead favoring a general causation standard unsupported by the statute's language. The reply rebukes the government for overlooking the unique causation standard set by Congress, misinterpreting the plaintiffs' arguments, selectively employing legislative history, and proposing unsupported theories that challenge established legal principles in support of veterans. Plaintiffs’ attorneys stress that due to the significant passage of time since the exposure at Camp Lejeune, evidence has been lost, and many witnesses are no longer accessible, complicating the task of proving specific causation under common law. They contend that Congress acknowledged these challenges and intended to streamline the litigation process through the CLJA by establishing a causation standard that considers the available evidence of general causation. The reply concludes by urging the court to grant their motion, asserting that doing so would be in line with congressional intent and would expedite the resolution of the claims.

February 27, 2024 – Latest Update on Number of Lawsuits and Administrative Claims

The new numbers were released today: 170,502 administrative claims and 1,530 lawsuits. So less than 1% of the claims have been filed. If there is not a settlement, all of these claims will have to be filed before August.

February 26, 2024 – Track 2

The court ruled today we are moving forward with a Track 2 plan. Which types of Camp Lejeune lawsuits are in Track 2?

The Discovery Pool for Track 2 in the Camp Lejeune water contamination litigation specifically includes plaintiffs who allege suffering from one or more of the following illnesses:

February 15, 2024 – Jury Trial Appeal

Plaintiffs’ legal team found themselves in a dilemma following the court's decision regarding jury trials, as outlined in our February 7th update below. They believe there's a substantial chance of success on appeal. However, they're wary of slowing down the path to trials, as it's the only effective means to pressure the government into making settlement compensation offers that could result in more than just a trickle of settlements.

Plaintiffs’ legal team found themselves in a dilemma following the court's decision regarding jury trials, as outlined in our February 7th update below. They believe there's a substantial chance of success on appeal. However, they're wary of slowing down the path to trials, as it's the only effective means to pressure the government into making settlement compensation offers that could result in more than just a trickle of settlements. The devised solution is quite ingenious. Plaintiffs’ attorneys have opted to appeal only two cases. This strategic move allows the litigation to progress while still affording them an opportunity to challenge and potentially overturn the ruling on appeal.

February 8, 2024 – Muster Rolls Battle

Plaintiffs need full production of the muster rolls at Camp Lejeune; getting those has been a battle in this litigation. Muster rolls official rosters or lists that record the presence, absence, or other status of military personnel assigned to that location.

These documents are so important because the plaintiffs’ records do not always show the exact dates the plaintiffs were there. But the government knows, and we need the records. The historical record of the service members stationed or trained at Camp Lejeune during specific periods is critical for veterans seeking to prove their presence at the base.

February 7, 2024 – Jury Trial Ruling

The Camp Lejeune judges ruled to strike the jury trials. The court concluded that the CLJA does not unequivocally grant the right to a jury trial for plaintiffs seeking relief under the Act, primarily based on its interpretation of subsection 804(d) and established legal principles surrounding sovereign immunity.

It is hard to understand the logic of this ruling. Subsection 804(d) of the Camp Lejeune Justice Act of 2022 (CLJA) states:

“The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any action filed under subsection (b) and shall be the exclusive venue for such an action. Nothing in this subsection shall impair the right of any party to a trial by jury.”

Indeed, the court's interpretation of the second sentence of subsection 804(d)—asserting that it doesn't explicitly grant a right to a jury trial but merely clarifies that the statute's jurisdiction and venue provisions don't impede any pre-existing rights—appears to overlook the straightforward language of the statute.

Furthermore, it's a misstep to disregard legislative history and post-enactment statements from lawmakers as ambiguous or inconsequential. While some may argue that post-enactment statements aren't typically a robust basis for statutory interpretation, they can offer valuable insights into Congressional intent, particularly in cases where the statutory language is subject to differing interpretations.

This ruling seems flawed and fails to align with the principles of justice and accountability that underlie the CLJA.

February 3, 2024 – New Cancers in Focus

Which diseases are now in greater focus in the Camp Lejeune litigation after the new ATSDR study we discussed yesterday? We think there are five:

February 2, 2024 – New ATSDR Study Released

The new Camp Lejeune ATSDR study was released this week. This study examined how exposure to contaminated drinking water at Camp Lejeune affected the chances of getting certain types of cancer.

They found that Marines, Navy personnel, and civilian workers at Camp Lejeune had a higher risk of developing several types of cancer compared to those at Camp Pendleton. The cancers with the highest increased risks included:

For civilian workers at Camp Lejeune specifically, there was also a higher risk of squamous cell lung cancer and female ductal breast cancer.

The study’s statistics underscore why there are so many Camp Lejeune lawsuits. People at Camp Lejeune, both military and civilian, were significantly more likely to get these types of cancers compared to those at Camp Pendleton.

The percentages show how much higher the risk was. For example, a 38% higher chance of acute myeloid leukemia means that relative to Camp Pendleton, individuals at Camp Lejeune were almost 1.4 times as likely to develop this cancer because of exposure to contaminated water.

February 1, 2024 – Type of Lejeune Claims That Have Been Filed

The Navy has initiated its evaluation of claims, which is currently at a preliminary stage due to the nascent phase of its claims processing system. This system is in the process of entering data from upwards of 164,000 claims.

From the initial 29,000 claims entered into the system, the Navy has offered an early distribution of claims. Here is what the Navy has so far:

“Other Diseases” is the largest subgroup, nearly one-fourth of all claims. Prostate cancer represents the majority within this subgroup, with over 4,000 cases. Next is cardiac defects, with over 1,000 cases. Esophageal cancer, aplastic anemia, cervical cancer, and rectal cancer are also in that group, each with fewer than 500 cases.

January 30, 2024 – Government Bellwether Selections

The government updated its bellwether trial selections yesterday for leukemia, Parkinson’s disease, bladder cancer, kidney cancer, and non-Hodgkin’s lymphoma.

The first trial may begin as early as April.

January 25, 2024 – Status Conference

The next status conference is scheduled for February 6, 2024. A ton of outstanding issues need to be addressed. The first Camp Lejeune trial may be in April.

So the biggest question is whether these will be bench trials decided by a judge or jury trials. The next big question is whether the first trial will involve one plaintiff or multiple plaintiffs. Third, and this is not the last big issue, we must resolve the attorneys’ fees question.

January 22, 2024 – Battle Over the Pool of Plaintiffs for Trial

The government complained to the court the plaintiffs eligible for the Track 1 Discovery Pool had, on average, more extended exposure to contaminated water at Camp Lejeune compared to those who opted out. This disparity in exposure levels, the DOJ argues, could potentially result in an unrepresentative sample of claimants, as individuals with different levels of exposure might have varying health issues or claims.

In other words, the Department of Justice is saying that if the group of people in the Track 1 Discovery Pool only includes those exposed to contaminated water for a long time, it might not fairly represent everyone affected. Some people with different levels of exposure or different health problems might not get a chance to be part of this group, which could make the decisions and outcomes less fair for all the people affected by the water contamination at Camp Lejeune. So the verdicts would be higher than you would get from a more representative pool.

The court acknowledged in a ruling today that the government has a point. But individuals who had already exhausted their administrative claims with the Department of the Navy were self-selecting into the federal litigation process.

This means that some claimants who had already undergone administrative procedures might have different motivations, claims, or circumstances than those who had not pursued administrative remedies. Basically, the court is saying it understands but cannot solve the government’s problem.

January 17, 2024 – What We Know

As of yesterday, we know:

January 11, 2024 – Status Conference

A status conference has been arranged for January 23, 2024, at 11:00 AM in Wilmington before Judge Jones. In this litigation, good nuggets always emerge from these status conferences.

January 9, 2024 – CLJA Fraud Warning

The Justice Department and the Department of the Navy have issued a new warning about fraudulent activities targeting individuals filing claims under the Camp Lejeune Justice Act (CLJA) of 2022. This alert cautions claimants about deceptive attempts to obtain personal information or monetary payments.

January 4, 2024 – Nearly 150,000 Admin Claims Filed

Approximately 147,428 administrative claims are filed with the Navy. The Navy has set up a system for intake and analysis of claims and established two pathways for assessing CLJA claims, including a manual review process and accessing information from the Veterans Administration (VA).

A week before Christmas, the Department of Justice (DOJ) determined that 26 litigation cases meet the settlement criteria. Offers have been made, with some accepted and others rejected or expired. Payments totaling $1,450,000 have been sent in six cases. So the average Camp Lejeune settlement as of now is $241,667.

January 3, 2024 – Plaintiffs’ Appeal Magistrate Ruling

Before Christmas, we reported on the Magistrate Judge’s decision to refuse the plaintiffs’ lawyers the ability to review the latest ATSDR study. The plaintiffs are appealing that ruling.

This study, called the Cancer Incidence Study (CIS), began in 2016 to investigate the link between exposure to contaminated water and cancer risks at Lejeune. Despite expectations of the study being released within five years, it remains unpublished eight years later. This delay is critical as the study reportedly confirms an increased number of cancers linked to the contaminated water, providing strong evidence that the water caused cancer. Plaintiffs should have all available science to make their claims.

The plaintiffs’ appeal to the District Court judges argues that the order denying the plaintiffs’ motion to compel the production of the CIS and its data was deemed erroneous. Specifically, plaintiffs’ attorneys challenge the judge’s acceptance of the government’s claim that the documents were part of the peer review process, and therefore protected by the deliberative process privilege. The appeal clarifies that plaintiffs seek the factual elements of the study and its underlying data, not the peer reviewers’ comments, which could be redacted.

This is a big deal. The refusal to release the CIS hinders the victims’ ability to litigate effectively and could prevent others from bringing claims without the new cancer incidence data. Is the government delaying the study’s release strategically? It could be. Hopefully, the North Carolina judges reverse this ruling in the interests of justice.

January 2, 2024 – DOJ Continues Aggressive Defense Strategy

The Camp Lejeune litigation was supposed to be different. The government passed a law to remedy an injustice; the idea is that the lawyers would work together to achieve justice.

So far, the DOJ is acting like any other defendant in mass tort litigation. They deny everything, try to keep every defense option open, and aggressively contest every issue. This includes denying evidence from its own agencies about water contamination at Camp Lejeune and its link to certain diseases.

For example, the government’s lawyers disagree with the findings of the ATSDR, calling them too cautious and saying they lacked enough water sample data. They also do not accept what Dr. Frank Bove, a top ATSDR expert, said. At a meeting, Dr. Bove explained that everyone at Camp Lejeune was exposed to contaminated water in some way. But the defendant said Dr. Bove wasn’t “officially” speaking for the government.

This is not what Congress intended when it passed the CLJA.

December 26, 2023 – More on the Opening of an Estate Issue

As we have been telling you, the government’s position is that estate representatives appointed outside of North Carolina must open additional estates in the state before they can seek relief under the CLJA.

It is burdensome for plaintiffs to open an estate in North Carolina. The government has said as much. Still, they want to impose this burden because the law requires it.

Yet its rationale for putting an unnecessary burden on victims for no compelling reason is shifting, as the plaintiffs’ recent reply brief points out. Two months ago, at a status conference, the government argued that North Carolina law should determine who can act as a “legal representative” in cases under the Camp Lejeune Justice Act. They believe – citing law that it is really just making up – that the Federal Tort Claims Act should be used to fill any gaps in the CLJA.

When plaintiffs pointed out that the term “legal representative” already has a clear legal meaning, the government changed its stance, suggesting that the Federal Rule of Civil Procedure 17 demands out-of-state representatives to open ancillary estates in North Carolina. However, this new argument is also flawed because, under North Carolina law, any executor or administrator, as well as anyone else legally authorized to sue, has the capacity to do so.

The bigger question is how does putting an unnecessary burden on victims for a dubious legal rationale advance the interest of anyone – including the government – in this litigation?

December 22, 2023 – Plaintiffs’ Discovery Request Denied

U.S. Magistrate Judge Robert B. Jones decided against allowing plaintiffs access to a vital draft report by the Agency for Toxic Substances and Disease Registry (ATSDR), a Centers for Disease Control and Prevention subagency.

The core of the magistrate’s ruling is that the draft report has not completed the necessary external peer review process, which is essential for its finalization. The government argued that premature release could disrupt this review and potentially mislead the public, especially if the final report substantially differs from the draft.

The court’s decision is rooted in maintaining the integrity of the peer review process and the deliberative process privilege. It reflects what we believe is the wrong choice in balancing interests between arcane rules and the immediate informational needs of the affected victims. So we think the court got it wrong. In this case, our lawyers believe the public interest in upholding the peer review process pales compared to the need for victims to get information that could make or break their claims.

Plaintiffs need to know what the evolving science is saying at this critical juncture, with the deadline to file a Lejeune claim expiring in August and claims beginning to settle. There should be a path for victims’ Camp Lejeune lawyers to see these documents. This could make a real impact on victims. For example, Plaintiffs’ attorneys might discard Tier III cases without knowing that there is sound scientific evidence supporting their claim.

December 19, 2023 – Update on the Volume of Lejeune Civil Cases

Since October 1, 2023, 257 new Camp Lejeune civil lawsuits have been filed in the Eastern District of North Carolina. That is actually an increase in the volume of new Lejeune cases filed over the summer and in September.

December 13, 2023 – Plaintiffs File Motion to Enforce

The Plaintiffs’ Leadership Group (PLG) has asked the court to intervene and enforce the rules of Case Management Order No. 2 (CMO-2) in reaction to what they perceive as the government’s non-compliance with established protocols for selecting plaintiffs for case discovery.

The PLG points out that the government has twice chosen plaintiffs for discovery who do not meet the eligibility criteria outlined in CMO-2. The government first chose 29 Camp Lejeune plaintiffs who missed the deadline for filing Short Form Complaints. They then selected 16 plaintiffs who had been explicitly withdrawn from the Discovery Pool by their legal representatives. To preserve the fairness and integrity of the process, the PLG is now urging the court to step in and mandate the government to adhere to the set guidelines in selecting eligible plaintiffs.

In a separate but related issue, the motion brings up concerns about the conduct of a lawyer representing some of the plaintiffs from Camp Lejeune. The PLG has reservations about this lawyer’s collaborative spirit and professional demeanor, fearing that such behavior might jeopardize the unified quest for justice for those affected by the Camp Lejeune water crisis. Consequently, the PLG advocates excluded plaintiffs from the Track 1 Discovery Pool represented by this lawyer, citing his inability to collaborate and his open criticism of the leadership’s strategy and tactics.

December 4, 2023 – New ATSDR Study

The U.S. Agency for Toxic Substances and Disease Registry (ATSDR) has a new study that shows elevated cancer rates in military and civilian personnel who lived and worked at Camp Lejeune. This study, submitted in April but not yet released, links these cancer rates to contaminated drinking water at the base from 1953 to 1987. The findings suggest strong evidence that the contamination caused cancer.

The delay in releasing the report has led to frustration and accusations of withholding evidence. This is not just Camp Lejeune lawyers who are claiming foul. Frank Bove, a senior epidemiologist involved in the study, has also expressed frustration with the delay.

The study’s findings are significant because they used data from every U.S. cancer registry, comparing Camp Lejeune’s rates with Camp Pendleton, which did not have contaminated water.

Indeed, the government lawyers have a draft they could produce for plaintiffs. But, inexplicably to us, they appear to be claiming it is a privileged document. The North Carolina judges will decide this dispute.

December 3, 2023 – Depositions This Week

The plaintiffs have scheduled 30(b)(6) depositions for three different agencies this week: the United States Marine Corps, the Agency for Toxic Substances and Disease Registry (ATSDR), and the Department of Veterans Affairs.

What is a 30(b)(6) deposition? This type of deposition allows for the deposition of a corporation, partnership, association, government agency, or other organization in a civil lawsuit. Unlike a deposition of an individual, where a specific person is deposed, a 30(b)(6) deposition requires the named organization to designate one or more officers, directors, or managing agents — or other persons who consent to testify on its behalf.

December 1, 2023 – Four Judges

In the Eastern District of North Carolina, the Camp Lejeune lawsuits are handed by four judges. As of a few days ago, there have been 1433 CLJA complaints filed within the district. Fourteen cases have been dismissed, including eleven voluntary dismissals and three dismissals of cases filed by self-represented litigants.

November 27, 2023 – Camp Lejeune Settlements Update

The judges overseeing the Camp Lejeune cases are requiring settlement reports, which the government is mandated to provide. Today, the DOJ reports sixteen cases have been deemed eligible for settlement. That is 16 out of 130,000.

There have been four Camp Lejeune settlements for $1 million. This sum includes a $250,000 payment for a Parkinson’s Disease case, a $300,000 settlement for non-Hodgkin’s Lymphoma, and two settlements for Leukemia cases, one for $300,000 and the other for $150,000.

November 22, 2023 – Government Wants to Deny Jury Trials to Lejeune Victims

The U.S. government asked the federal judges in North Carolina to prohibit jury trials for the water contamination cases at Camp Lejeune. Wait what?

In their argument, the government pointed out that the Camp Lejeune Justice Act, the basis for these lawsuits, does not clearly and definitively provide the right to a jury trial in cases against the federal government. The government says this is how it might go if it were a Federal Tort Claims Act case.

The JAG cannot seem to grasp that Camp Lejeune is not a Federal Tort Claims Act claim. This motion will fail.

November 21, 2023 – Government Gets Extension

Yesterday, Judge Dever allowed the U.S. government more time to respond to a challenge regarding the definition of “legal representative” under the CLJA and FTCA. The government insists that such representatives in FTCA cases must be court-appointed outside North Carolina and establish an ancillary estate within the state, per North Carolina law. This has been a cumbersome process for plaintiffs, leading them to argue through a motion that the less restrictive CLJA standards should apply instead of the FTCA’s stringent requirements.

November 13, 2023 – Battle Over Rules for Wrongful Death Claims

Plaintiffs are filing a motion asking the court not to require every plaintiff to open an estate in North Carolina.

The U.S. government contends that under the law allowing Camp Lejeune lawsuits, a person acting as a “legal representative” for claims related to the Federal Tort Claims Act (FTCA) must be appointed by a court outside of North Carolina and establish an ancillary estate within the state. This requirement stems from the FTCA’s reliance on state law, here North Carolina law, to determine the eligible representative in wrongful death cases, which plaintiffs find excessively burdensome. It is a ton of extra paperwork for everyone except the government lawyers who want to do whatever they can to slow down the litigation to take some pressure off.

In response, plaintiffs have filed a motion, correctly asserting that the CLJA, not the FTCA, governs their claims. Section 804(b) of the CLJA permits a “legal representative” to initiate a lawsuit. The plaintiffs’ legal team argues that this term traditionally denotes someone appointed to oversee a decedent’s estate. They maintain that this interpretation aligns with the CLJA’s wording, which neither ties the definition of “legal representative” specifically to North Carolina law nor imposes conditions for initiating a CLJA lawsuit.

Moreover, the plaintiffs argue that should any uncertainty exist in the CLJA concerning the term “legal representative,” it would still be inappropriate to apply FTCA criteria. The FTCA’s scope does not cover federal actions like those under the CLJA or injuries incurred by servicemembers in the line of duty, differentiating the CLJA from FTCA stipulations.

This motion is filed on behalf of one plaintiff. But it will have an impact on every other lawsuit in the litigation.

November 7, 2023 – Camp Lejeune Lawsuits Update

There have been approximately 100 Camp Lejeune lawsuits filed so far in November.

November 1, 2023: Both Sides Work Toward Settlements

The Camp Lejeune plaintiffs’ lawyers and the government continued to try to put as many of these lawsuits in position for settlement. They’re creating a questionnaire to collect information from affected individuals and determine how to calculate compensation. They also aim to set up a secure database for this data.

Some of these claims might start settling pretty soon. But, at the same time, many of these cannot and should not settle, so we need to continue pushing for trial dates as soon as possible.

October 25, 2023: EPA Proposes Ban on TCE

The EPA is now proposing a comprehensive ban on the use of the industrial chemical trichloroethylene (TCE) due to evidence showing that TCE can cause cancer and other serious health risks. TCE was one of the primary contaminants in the drinking water at Camp Lejeune. The fact that the EPA is now calling for a total ban on using TCE, even in industrial settings, is a chilling reminder of just how toxic the water at Camp Lejeune was.

October 23, 2023: Initial Status Conference in CLJA Civil Cases

A meeting, called an “initial status conference,” is scheduled for Monday, October 30th at 11:00 AM at 201 South Evans St, Room 209 in Greenville, NC.. This is the first status conference of what will become an ongoing thing. The Camp Lejeune judges will have more of these meetings on the first and third Tuesday of every month at 10:00 AM.

This first meeting will cover:

October 2, 2023: Case Management Order #2 Amended

The North Carolina judges made some adjustments to Case Management Order #2 last week, one day after the order was entered. This order deals with discovery matters and mandates that both parties must convene at least once a month to discuss suggested agreements and keep the Court informed about the progress of these proposed agreements. The order also anticipates Lejeune trial dates next year. The changes are:

September 28, 2023: First Lejeune Trials to Begin Next Year

The federal court in North Carolina that is handling the Camp Lejeune lawsuits recently issued an Order announcing that the first round of trials in the Lejeune cases will begin next year. The Lejeune trials will be divided into “Tracks” or groups based on the primary disease or health condition alleged by the plaintiff. The first track of cases to go to trial will include those plaintiffs with diseases included in Tier 1 of the recently launched early settlement program: Parkinson’s disease, leukemia, non-Hodgkin’s lymphoma, kidney cancer, and bladder cancer.

September 6, 2023: Camp Lejeune Settlement Offers Today

This is big news. The DOJ is creating a tiered settlement compensation system to expedite the resolution of numerous administrative claims and federal lawsuits related to contaminated water at Marine Corps Base Camp Lejeune.

This system considers the severity of individuals’ illnesses and exposure, offering payouts ranging from $100,000 to $550,000 for injuries or deaths caused by the tainted water.

This Camp Lejeune settlement plan would allow those who qualify to receive compensation based on the seriousness of their health issues and how long they were exposed to the contaminated water. The key to your settlement amount, under this plan, depends on the severity of the illness and the duration of exposure.

For example, if you have a disease like kidney or liver cancer and were exposed for a long time, you could receive up to $450,000. If you have a less severe illness, incredibly they include Parkinson’s disease as Tier 2, and were exposed for a shorter time, you might be eligible for a lower amount, like $100,000.

So it goes like this:

September 5, 2023: Government Seeks Extension on Response Deadlines

The Navy is requesting more time to respond to the Camp Lejeune lawsuits that have been filed. You are probably not surprised.

The Navy wants an extension until October 2, 2023. This is not a huge deal, and the motion is not opposed by the main plaintiffs’ lawyers. The DOJ and other parties have been discussing a case management plan and submitted it to the court for approval on August 28, 2023. While the Court previously extended the deadline for the DOJ to respond to certain cases until October 2, 2023, this extension does not cover cases where the DOJ has already responded. To align with the case management plan, the DOJ is asking for this extension.

What Happened at Camp Lejeune?

Camp Lejeune represents the worst public water system contamination in American history. From 1953 to 1987, the water supply at the Marine Corps base at Camp Lejeune in North Carolina was contaminated with dangerously high levels of carcinogenic chemicals. Marines, their families, and people who worked at Camp Lejeune drank and bathed in water contaminated with more than 70 chemicals and toxins at levels 240 to 3400 times permitted by safety standards.

The main chemicals that will be the focus of a Camp Lejeune water contamination lawsuit are three volatile organic compounds: trichloroethylene (TCE), perchloroethylene (PCE), and benzene. Our military and their families were unknowingly digesting water contaminated with awful toxins every day.

This toxic water did not create just a theoretical risk of harm. Scientific and medical evidence has shown undeniably that exposure to this contaminated water while living or working at Camp Lejeune caused thousands to develop cancer, birth defects, and other conditions.

North Carolina law had blocked these Camp Lejeune victims from bringing cancer lawsuits and other claims against the government. Now, Congress passed a new federal law enabling victims of water contamination at Camp Lejeune to file claims and get financial compensation.

Contaminated Water Supply at Camp Lejeune Base

Camp Lejeune is a sprawling Marine Corps military base and operational training facility that has been used since 1942. The base, which several satellite facilities service, occupies a total area of 250 square miles in Onslow County, North Carolina.

Camp Lejeune is the traditional home base of many resident Marine Corps commands, including the II Marine Expeditionary Force. It has been used for military training operations by various branches of the armed forces.

In the 1980s, the Marine Corps tested the two primary water treatment facilities supplying water to Camp Lejeune. This testing revealed that Camp Lejeune’s water supply contained high levels of chemicals that are known to be toxic and linked to cancer.

The Marine Corps testing also determined that the water supply to Camp Lejeune had been contaminated with toxic chemicals since the 1950s. The full-time range of the Camp Lejeune water contamination (in both treatment facilities) is from 1953 to 1987. During those 30 years, 750,000 people were exposed to contaminated water.

What Chemicals Were Found in the Water at Camp Lejeune?

The water supply at Camp Lejeune from the 1950s to the 1980s was contaminated with two specific chemicals: Perchloroethylene (PCE) and Trichloroethylene (TCE). These chemicals were found at extremely high levels in two water treatment plants servicing the base, the Hadnot Point treatment plant and the Tarawa Terrace water plant.

The PCE contamination was found in the Tarawa Terrance water treatment plant at Camp Lejeune. PCE is a clear liquid with a mild odor primarily used as a fabric solvent in the commercial dry-cleaning industry. The contamination at the Tarawa plant was traced to ABC One-Hour Cleaners, a nearby dry-cleaning business.

The EPA has set the maximum safe level for PCE for drinking water at five ppb. The water from the Tarawa treatment plant going to Camp Lejeune contained PCE levels as high as 215 ppb, 43 times the maximum safe limit. It was eventually determined that the PCE contamination at the Tarawa plant existed for most of Camp Lejeune’s history.

But shutting down the wells did not change anything for the million people exposed to this unbelievably contaminated water. The government did a study in 2013 on the water at Camp Lejeune. It found PCE, TCE, vinyl chloride, and benzene levels that were among the highest ever recorded in drinking water in American history.

Studies Link Contaminants in Camp Lejeune Water to Cancer

The chemicals in the Camp Lejeune water supply for four decades are well-known to be highly harmful to the human body. They have been associated with cert types of cancer, neurologic disorders, and birth defects.

Medical studies and research has established that prolonged exposure to TCE and PCE is associated with higher rates of certain cancers. The cancers that have been linked to TCE and PCE exposure in drinking water at Camp Lejeune include:

Camp Lejeune is a sprawling Marine Corps military base and operational training facility that has been used since 1942. The base, which several satellite facilities service, occupies a total area of 250 square miles in Onslow County, North Carolina.

Camp Lejeune is the traditional home base of many resident Marine Corps commands, including the II Marine Expeditionary Force. It has been used for military training operations by various branches of the armed forces.

In the 1980s, the Marine Corps tested the two primary water treatment facilities supplying water to Camp Lejeune. This testing revealed that Camp Lejeune’s water supply contained high levels of chemicals that are known to be toxic and linked to cancer.

The Marine Corps testing also determined that the water supply to Camp Lejeune had been contaminated with toxic chemicals since the 1950s. The full-time range of the Camp Lejeune water contamination (in both treatment facilities) is from 1953 to 1987. During those 30 years, 750,000 people were exposed to contaminated water.

What Chemicals Were Found in the Water at Camp Lejeune?

The water supply at Camp Lejeune from the 1950s to the 1980s was contaminated with two specific chemicals: Perchloroethylene (PCE) and Trichloroethylene (TCE). These chemicals were found at extremely high levels in two water treatment plants servicing the base, the Hadnot Point treatment plant and the Tarawa Terrace water plant.

The TCE contamination occurred mainly in the Hadnot Point water treatment facility. TCE is an odorless, colorless liquid chemical used for industrial purposes. For decades, TCE was commonly used by the U.S. military as a solvent and degreaser for cleaning large metal weapons and equipment. TCE is also used to make refrigerants.

The EPA’s maximum safe level of TCE in drinking water is five parts per billion (ppb). The water from the Hadnot Point plant was found to contain TCE levels as high as 1,400 ppb. The TCE contamination at the Hadnot Point plant occurred from 1953 to 1985.

The PCE contamination was found in the Tarawa Terrance water treatment plant at Camp Lejeune. PCE is a clear liquid with a mild odor primarily used as a fabric solvent in the commercial dry-cleaning industry. The contamination at the Tarawa plant was traced to a nearby dry-cleaning business.

The EPA has set the maximum safe level for PCE for drinking water at five ppb. The water from the Tarawa treatment plant going to Camp Lejeune contained PCE levels as high as 215 ppb, 43 times the maximum safe limit. It was eventually determined that the PCE contamination at the Tarawa plant existed for most of Camp Lejeune’s history.

But shutting down the wells did not change anything for the million people exposed to this unbelievably contaminated water. The government did a study in 2013 on the water at Camp Lejeune. It found PCE, TCE, vinyl chloride, and benzene levels that were among the highest ever recorded in drinking water in American history.

Camp Lejeune Water Contamination Caused Other Injuries

Other health conditions, such as aplastic anemia (and other myelodysplastic syndromes) and neurologic disorders, have also been linked to exposure to PCE and TCE. Other injuries include:

Study Links Camp Lejeune Water Contamination to Birth Defects

To this day, Camp Lejeune remains an essential military base crucial for national defense. It encompasses a vast area and hosts various Marine Corps operations, including training facilities and administrative centers. The base's activities involve a wide range of functions, from fuel storage to utility maintenance services.

Over a period of more than 20 years, inadequate measures to maintain a safe water supply at Camp Lejeune resulted in severe contamination with toxic substances such as TCE, PCE, and other chemicals. Thousands of pregnant women who lived and worked on the base were exposed to this contaminated water, leading to a significant number of birth defects.

One crucial study conducted by the Agency for Toxic Substances and Disease Registry (ATSDR) identified a clear link between maternal exposure to contaminated water at Camp Lejeune and an increased incidence of neural tube congenital disabilities, such as spina bifida.

The study analyzed birth defect rates among women who resided at Camp Lejeune during pregnancy and gave birth between 1968 and 1985. It revealed a substantial correlation between gestational exposure to PCE and TCE in the Camp Lejeune water and the occurrence of neural tube congenital disabilities (NTDs).

Infants exposed to the contaminated water during the first trimester of pregnancy exhibited NTD birth defect rates nearly five times higher than the norm, underscoring the devastating impact of the water contamination on innocent lives.

Military Negligence and Concealment of Camp Lejeune Water Contamination

Recent revelations have uncovered a disturbing pattern of negligence and concealment by the U.S. Marine Corps regarding the water contamination at Camp Lejeune. Evidence indicates that the military was aware of the contamination for years but failed to take adequate action, and later attempted to cover up the issue.

The dangerous contamination was initially discovered in 1980 following the implementation of new EPA regulations mandating testing. Subsequent testing confirmed the presence of toxic substances, yet no immediate action was taken.

Despite repeated warnings from testing agencies and contractors, including reports of "poisoned" water supplies, the Marine Corps leadership disregarded these concerns and refused to address the problem.

Efforts to conceal the contamination extended to falsified reports submitted to regulatory authorities and the withholding of crucial testing data. Only after outside testing confirmed dangerously high contamination levels did the military agree to shut down affected wells, but not before significant harm had already occurred.

The subsequent investigation by federal agencies into the Marine Corps' handling of the issue highlighted a troubling lack of accountability, with concerns of obstruction of justice being raised but ultimately not pursued.

Support for Camp Lejeune Lawsuits and Compensation

Recognizing the grave impact of the Camp Lejeune water contamination, the U.S. Department of Veterans Affairs has extended support to affected individuals, offering health benefits for specified conditions linked to exposure.

The passage of the Camp Lejeune Justice Act (CLJA) has provided victims with a legal avenue to seek compensation for their suffering. This legislation enables individuals exposed to the contaminated water to file lawsuits in federal court, bypassing previous legal barriers.

Under the CLJA, claimants are subject to a lower burden of proof, facilitating the pursuit of justice for those impacted by the water contamination. This shift in evidentiary standards aims to ensure equitable access to compensation and acknowledgment of the harm endured.

Successful claimants may receive compensatory damages to address medical expenses, pain and suffering, and other losses attributable to the contamination. The CLJA represents a crucial step towards accountability and restitution for the victims of the Camp Lejeune water crisis.

Calculating Camp Lejeune Settlement Amounts

Navigating the potential settlement values in Camp Lejeune water contamination cases poses a challenge due to the multitude of variables involved. While our legal team can draw insights from past cases with similar injuries, such as Parkinson's disease, lung cancer, leukemia, liver cancer, kidney cancer, and lymphoma, there remains uncertainty, especially considering the political landscape surrounding the Camp Lejeune lawsuit.

Few precedents exist for class action lawsuits against the government in such politically charged scenarios. However, it's reasonable to anticipate that the political dynamics could tilt settlements towards higher compensation levels. The moral and financial considerations are stark: how can we justify spending billions on international aid while offering inadequate compensation to veterans and their families who have suffered and, in many cases, succumbed to severe health conditions?

Congressional intent, aimed at fairly compensating victims, suggests that settlements should reflect the gravity of the harm endured. Our legal analysis suggests that a $200,000 settlement per person may fall short of Congress's intention to deliver comprehensive justice to those affected by these tragic circumstances.

Camp Lejeune Settlements Are Likely to Go Smoothly (After Some Early Chaos)

The government will not go through the trouble of allowing victims to make a claim, only to fight them tooth and nail. So while there are no certainties in litigation, our lawyers expect a global settlement payout covering most of these Camp Lejeune water contamination lawsuits before a single trial.

Calculating $22 Billion Set Projected Camp Lejeune Settlement Amounts

The Congressional Budget Office – a flawed bureaucracy but still the best governmental agency at projecting cost in the history of the world – has projected $22 billion to settle these cases.

There are two schools of thought on this. One is that the CBO has made meaningful projections based on estimated Camp Lejeune lawsuits they expect to be filed. The other school of thought is that even the CBO cannot project this. It is like trying to project where the stock market will be in 10 years. So the $22 billion is likely a floor that can be raised if more claims come in than hoped.

There Will Be a Range of Camp Lejeune Settlement Amounts

It's crucial to recognize that settlement amounts in Camp Lejeune water contamination cases may vary widely, ranging from over $1 million per person to as little as $25,000. Lawsuits involving cancer and Parkinson’s disease from Camp Lejeune are likely to result in higher settlement amounts, whereas other injuries might lead to smaller compensation payouts related to water contamination.

At this stage, many readers may feel that our lawyers have yet to provide specific information about the potential settlement compensation for their individual cases. It's indeed premature to project settlement amounts accurately. However, attorneys can offer opinions on potential settlement figures. For those seeking straightforward per-person projections for Camp Lejeune settlement amounts, here they are:

These projected average per-person settlement amounts for Camp Lejeune water contamination cases are conservative estimates. We aim to temper expectations and avoid setting unrealistic payout standards. However, it's essential to acknowledge the significant variability surrounding these averages. Some settlements may surpass $1 million, while others could be less than half of the projected average.

Furthermore, if these cases were to proceed to trial instead of reaching a settlement, jury verdicts would likely result in payouts in the millions for each case. Although recent rulings have dictated that these cases will be decided by a judge rather than a jury, our legal team maintains the stance that the verdicts in these cases are still anticipated to yield substantial compensation, potentially in the millions.

How Do I File a Claim for Camp Lejeune Water Contamination?

Under the recently enacted CLJA (Camp Lejeune Justice Act), individuals who resided or worked at Camp Lejeune for at least 30 days between 1953 and 1987 are entitled to pursue tort claims in the Eastern District of North Carolina for injuries linked to the contaminated water. The CLJA mandates that all potential plaintiffs undergo a 6-month administrative claim process:

Disposition By Federal Agency Required.- An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code.

Before initiating a lawsuit regarding the contaminated water, prospective claimants must first submit a claim to the "appropriate federal agency" — in this instance, the JAG at the Department of the Navy. According to the new law, the agency has a six-month window to either accept or deny the claim. Plaintiffs are barred from filing their lawsuit in federal court until the administrative claim is either denied or the 6-month deadline lapses.

Our attorneys specializing in water contamination cases anticipate that the CLJA administrative claims process could resemble a settlement mediation procedure. Claims are likely to undergo initial screening, with reasonable settlement offers potentially being extended before the expiration of the six-month period, at which point a water contamination lawsuit may be initiated. Many Camp Lejeune claims could be resolved during this administrative claim process before resorting to filing a civil lawsuit.

Our legal team at Camp Lejeune holds the belief that the CLJA administrative claim process may unfold in this manner for two primary reasons. Firstly, Congress's objective in enacting the CLJA was to provide compensation to victims of the Camp Lejeune water contamination. Secondly, the management of the CLJA claims process will be overseen by the Biden administration, with President Biden known for his staunch support of veterans' compensation initiatives. (Though it's important to acknowledge that this interpretation may contain elements of wishful thinking.)

What Are Neurological Conditions Linked to Camp Lejune Water Contamination?

The ATSR and other studies on the effect of water contamination at Camp Lejeune have found that certain neurologic disorders, such as dementia and Parkinson’s disease, appear to be associated with exposure to the water at Camp Lejeune.

Is There a Camp Lejeune Class Action Lawsuit?

There is not a Camp Lejeune class action lawsuit. Most lawsuits like this are class action lawsuits. But there will not be a Camp Lejeune class action lawsuit like an MDL.

How Camp Lejeune Wrongful Death Claims Work

There are two kinds of Camp Lejeune lawsuits. The first is for victims with a Camp Lejeune claim for their injuries. The second is a wrongful death and survival action claim for losing a loved one.

There are two kinds of Camp Lejeune lawsuits. The first is for victims with a Camp Lejeune claim for their injuries. The second is a wrongful death and survival action claim for losing a loved one.

Under the newly enacted CLJA (Camp Lejeune Justice Act), civil lawsuits are now permissible on behalf of former residents or employees of Camp Lejeune who have passed away due to injuries stemming from the contaminated water. These lawsuits would be filed under North Carolina law, given that the exposure to the contaminated water occurred within the state. This section will briefly examine death claims in North Carolina.

In North Carolina, two types of tort claims can be pursued on behalf of a deceased individual: (a) a wrongful death claim; and (b) a survivorship claim. Both claims are grounded in statutory law.

Camp Lejeune Wrongful Death Actions

Wrongful death claims in North Carolina are governed by North Carolina General Statute § 28A-18-2, which grants standing to the personal representative of the estate to initiate a lawsuit against any party whose negligence or intentional actions led to the death of the decedent. Unlike some states where close family members can bring such claims, North Carolina restricts this right to the decedent's estate. Consequently, it's the personal representative who files the lawsuit and subsequently distributes any settlement proceeds among the heirs.

In North Carolina, damages for a wrongful death claim may cover various aspects, including (1) medical expenses, (2) pain and mental suffering endured by the decedent, (3) the decedent's lost earnings, (4) the loss of the decedent's services and companionship, and (5) funeral expenses. Notably, punitive damages are not typically available unless the plaintiff can demonstrate that the defendant's actions were malicious.

Camp Lejeune Survival Actions

Additionally, apart from wrongful death claims, North Carolina recognizes a distinct legal action under North Carolina General Statute § 28A-18-1, known as a survivorship claim. A survival claim essentially represents the decedent's personal injury claim that persists even after their death.

Survivorship claims in North Carolina can seek compensation for damages and injuries sustained by the decedent prior to their passing, provided these damages are separate and distinct from the circumstances giving rise to the wrongful death claim. However, North Carolina law stipulates that survivor claims may only be pursued by the personal representative of the decedent's estate. While it's possible to obtain a Camp Lejeune settlement without being the personal representative of the estate, the initiation of the lawsuit must be undertaken by the estate's appointed representative on behalf of the family members affected by the death.

An unresolved question pertains to whether victims will need to establish an estate in North Carolina to pursue a claim. This issue has sparked disagreement among Camp Lejeune lawyers, leading to ongoing disputes with the Department of Justice.

Get a Camp Lejeune Lawyer to Fight for You

Our legal team specializing in Camp Lejeune water contamination cases has engaged with numerous victims throughout this legal process. Currently, our law firm is actively seeking new cases that align with the following criteria: