If you or a family member (whether alive or deceased) lived or worked at Marine base Camp Lejeune between August 1953 and December 1987, you were likely exposed to contaminated drinking water containing deadly toxins.
The Camp Lejeune Justice Act (CLJA), part of the PACT Act, was enacted on August 10, 2022. It allows individuals (and their families) exposed to and affected by the Camp Lejeune water contamination to file claims for compensation. The U.S. government has set aside billions of dollars to pay these claims.
The Act aims to compensate Camp Lejeune water contamination victims for their adverse health effects. Military veterans, civilians, and their families (alive or deceased) impacted by the contamination have the right to seek compensation from the government.
The PACT Act and CLJA Enable Compensation Claims
The Camp Lejeune claims, and lawsuits are a high-profile, ongoing legal battle involving the United States government and those who lived or worked at the Camp Lejeune military base in North Carolina between August 1953 and December 1987 and were exposed to toxic and contaminated water at the Marine military base.
The PACT Act, which stands for the Promise to Address Comprehensive Toxics Act, is comprehensive legislation designed to expand healthcare and benefits for veterans exposed to toxic substances during their military service. This Act includes the Camp Lejeune Justice Act, which specifically addresses the contamination issues at the Camp Lejeune Marine Corps base.
The PACT Act represents a significant step in recognizing and addressing the health impacts of service-related environmental exposures on U.S. veterans. As part of the PACT Act, the CLJA overrides the Federal Tort Claims Act and other North Carolina laws that previously barred legal actions for contaminated water at Camp Lejeune.
Eligibility for a Camp Lejeune claim
Under the Camp Lejeune Justice Act, eligibility requirements include:
- Living or working at Camp Lejeune between August 1, 1953, and December 31, 1987
- Exposure to contaminated water during their time at the base
- Suffering from health problems potentially related to that exposure
- Submitting a complete claim by August 10, 2024.
- If the claimant is deceased, obtain a court order appointing an individual as the representative to submit such a claim.
Under the Act, certain types of liability are presumed if individuals were at Camp Lejeune for 30 or more consecutive days. However, the 30 days need not be consecutive when determining eligibility.
The Administrative Claims Process
Individuals wishing to pursue a claim against the Department of the Navy must participate in the administrative claims process. The process, and getting it right, is essential in helping obtain proper compensation for victims of water contamination at Camp Lejeune.
To start this process, claimants must have provided a detailed account of their exposure at Camp Lejeune, including dates of residency or employment, medical documentation of illnesses or conditions linked to the dangerous chemicals in the water, and any supporting materials showing the effects of the exposure.
Once a claim is submitted, the Department of the Navy will review it and determine the claimant’s eligibility for compensation. The government has six months to review a complete submitted claim. If it is not resolved by then, it is deemed automatically denied.
If a claimant has died, their representatives must be appointed by a local court to represent and submit this administrative claim. This process can take months but must be completed before the government can consider any claim for review.
What is the “Elective Option”?
Many people filed their Camp LeJeune claim individually without getting counsel involved. The Department of the Navy recently announced it received over 540,000 claims before the Camp Lejeune Justice Act filing deadline on August 10, 2024. It believes there could be upwards of 20% of all claims filed that are duplicate claims.
The Department of the Navy announced a formula for the early resolution of Camp Lejeune Justice Act claims. Potential payouts and early settlement amounts can vary significantly based on individual case specifics, such as:
- The severity of health issues linked to water contamination
- The duration of exposure to contaminated water
- Other contributing factors that may have influenced the individual’s health problems
While the specific amounts awarded in these cases will depend on many factors, the estimate for early settlement amounts generally ranges between $20,000 and $500,000 per claim if the claimant elects to participate in the early settlement program and receive an offer. However, the number of wholly resolved claims remains the same, which is still less than 100.
The average payout for claims under this option remains unchanged, at an average of approximately $250,000 per claim. Law firms specializing in Camp Lejeune litigation can offer guidance and representation for those wishing to participate in this early settlement program to obtain the quickest and best outcome.
However, the volume of claims the Navy currently has under review appears to have slowed the resolution of claims via the Elective Option, which many people are considering in determining whether to retain counsel.
All needed documentation is also being uploaded to the appropriate file in the Navy claims portal. This documentation needs to be reviewed to answer any requests or questions from the Navy for further documentation and ensure any outstanding questions are answered and resolved.
This is just one of several hurdles to bringing such claims. With about 1.5 million people having lived or worked at Camp Lejeune since 1953, selecting the best lawyer with deep knowledge about the Camp Lejeune lawsuits has become critical for those seeking justice.
If the Navy does not act on a claim within six months of receiving it, the claim is considered denied. This means that starting in February 2025, the time frame to begin filing lawsuits under the Camp Lejeune Justice Act will have started for all claimants.
Finding Lawyers for Your Camp Lejeune Claim or Lawsuit
Should I Speak With an Attorney Now About My Options?
It is essential to consult knowledgeable lawyers experienced with the Camp Lejeune claims process to better understand the potential for an early settlement and whether you and your family qualify for compensation or may need to file a lawsuit to protect your rights.
If you have filed a claim without the assistance of an attorney, we will be happy to review individually filed claims and assist those who need help with the next step, which is submitting all needed documentation and filing a lawsuit in the Eastern District of North Carolina.
Even if you filed an individual claim on your own, to get the best results, claimants need to involve knowledgeable attorneys who understand the intricate details of the Camp Lejeune Justice Act and have experience handling claims and lawsuits related to toxic water exposure and its health consequences.
You want to find lawyers with the experience to handle complex environmental contamination cases and are equipped to guide you through the legal process. You must trust them to advocate on your behalf and bring justice to your situation.
A Track Record of Success
When entrusting an attorney with your rights under a Camp Lejeune claim or lawsuit, evaluating an attorney’s track record of success is essential. Some attorneys may have a history of obtaining favorable settlements or verdicts in cases like the Camp Lejeune litigation. To find the best-fit lawyer, consider the following:
- The number of Camp Lejeune cases handled or under active management.
- Notable settlements and verdicts in similar cases
- Client testimonials and reviews
The skills and knowledge of a law firm in personal injury and other practice areas can contribute to their effectiveness in representing those affected by Camp Lejeune water contamination. Ask about the attorney’s experience, knowledge, and capabilities related to complex injury claims.
Consider factors such as experience and specialization in Camp Lejeune cases. By doing so, you will be better equipped to choose the best legal representation for your Camp Lejeune claim or lawsuit.
Hire an A-Team of Lawyers to Maximize Your Camp Lejeune Claim
The “A-Team” is a group of law firms working together to obtain the best results for you and your family in the Camp Lejeune water contamination cases. These firms have a history of obtaining favorable settlements and verdicts in cases like the Camp Lejeune litigation. They have set up operations to process these claims efficiently and have already filed administrative claims and federal lawsuits for veterans and their families.
- Harry Blalock, founder of Blalock, LLC. J. Harry Blalock (“Harry”) joined the U.S. Marine Corps in 1966. Harry completed his advanced infantry training for Vietnam at Camp Geiger, where he drank and bathed in the toxic water from Camp Lejeune. Harry served as an M60 machine gunner in Vietnam for over a year and was severely wounded in action during his last month in country. After months of recovering from his wounds in various military hospitals, Harry was honorably discharged and returned home to complete his undergraduate and law degrees. Harry has over 25 years of experience litigating Federal Employers Liability Act (FELA) claims on behalf of injured workers and is a veteran of over 40 years of trial work.
- Blalock, LLC is a special-purpose national law firm focused on representing veterans poisoned by the toxic water at Camp Lejeune. The firm’s attorneys are USMC and U.S. Army veterans with a unique perspective on veterans’ needs. Blalock, LLC and its partner firms are singularly focused on processing Camp Lejeune claims, from initial administrative submissions to appointing probate representatives and filing lawsuits on behalf of victims in the Eastern District of North Carolina. They have submitted over 2,500 government compensation claims for Camp Lejeune veterans and their families.
- Doyle APC. William J. Doyle and Christopher W. Cantrell of Doyle APC have over 40 years of collective experience in complex class action and mass injury lawsuits. The Doyle APC attorneys have represented thousands of victims for injury claims involving defective drugs, medical devices, and toxic products. They have had the privilege of representing veterans and their families in injury lawsuits throughout California and the United States. The Doyle APC law firm is located in San Diego, California.
- Alan M. Mansfield of the Consumer Law Group of California has close to 40 years of experience in complex litigation, including national health care, privacy, consumer class action, and public interest litigation, since 1989. The Consumer Law Group of California is located in San Diego, California.
The Types of Compensation Available
Individuals exposed to contaminated water at Camp Lejeune between August 1, 1953, and December 31, 1987, may be eligible for compensation through an administrative claim or civil lawsuit.
There are different types of compensation that claimants can receive as part of a settlement. These may include:
- Medical expenses: Reimbursement for past and future medical care related to the health conditions caused by the contaminated water.
- Pain and suffering: Compensation for the physical pain and emotional distress resulting from the exposure and its consequences on their health.
- Lost wages: Reimbursement of lost income due to their inability to work due to the health issues caused by the contamination.
- Wrongful death: Compensation for surviving family members who lost a loved one due to diseases caused by the contaminated water and related health issues.
Eligible Claimants Include Veterans, Service Members, and Civilian Workers
The Camp Lejeune lawsuit has wide-reaching implications for many people, including:
- Veterans (alive and deceased)
- Active service members
- Civilian workers who worked at the base
- Family members, including children in utero or born there
These individuals might suffer from various illnesses and long-term health issues due to their exposure to the contaminated water supply at Camp Lejeune.
As of March 20, 2023, at least 260 Camp Lejeune claimants have converted their claims into civil lawsuits in the Eastern District of North Carolina. Under the Act, this court is where all these lawsuits must be filed.
As of November 23, 2023, the government has paid nearly $1 million in claims. While this is a small amount of the overall exposure, these settlements show that the government can now process these claims and has a procedure in place.
The Marine Base’s Water Treatment Plants
The water treatment plants at Marine Base Camp Lejeune have been central to the claims because they were the source of water provided to the base that was contaminated with hazardous chemicals.
From the 1950s to the 1980s, these facilities failed to remove dangerous volatile organic compounds (VOCs) from the drinking water, leading to long-term health issues for those exposed.
The inadequacy of these water treatment plants to ensure safe water is a critical element of the lawsuits filed by veterans and their families.
Health Concerns and Consequences
When seeking legal help for a Camp Lejeune claim or lawsuit, selecting the best lawyers with extensive knowledge of toxic injury cases involving health concerns and consequences from water contamination is a key factor in ensuring the best outcome.
Camp Lejeune Injuries: Cancers
Individuals eligible to file a Camp Lejeune claim are those who lived, worked, or were exposed to toxic water at Camp Lejeune between August 1, 1953, and December 31, 1987.
If the individuals were at Camp Lejeune for 30 days or more, there is a presumption of liability, but the 30 days need not be consecutive. Several types of cancer are linked to the contaminated water at Camp Lejeune.
Those who lived or worked on the base between August 1, 1953, and December 31, 1987, might have developed or be at risk for developing one or more of the following:
- Kidney cancer: This cancer originates in the kidneys and has been found in individuals exposed to toxic water at Camp Lejeune.
- Lung cancer: Exposure to contaminants in the water at Camp Lejeune may increase the risk of lung cancer among the affected population.
- Bladder cancer: Bladder cancer has been identified as one of the possible outcomes of ingesting or bathing in contaminated water at Camp Lejeune.
- Breast cancer: Those exposed to toxic water at Camp Lejeune have reported breast cancer cases.
- Non-Hodgkin’s lymphoma: This cancer affects the lymphatic system, and it has been linked to contaminated water exposure at Camp Lejeune.
- Leukemia: Those exposed to toxic water at Camp Lejeune have also reported leukemia cases, a form of blood cancer.
Camp Lejeune Injuries: Non-cancerous
In addition to the cancer categories, the toxic water at Camp Lejeune has also been connected to various non-cancerous health conditions. Some of these include:
- Neurobehavioral effects: Cognitive impairment, memory loss, and mood disorders have been reported among individuals exposed to the contaminated water at Camp Lejeune.
- Autoimmune disorders: Conditions such as lupus and rheumatoid arthritis have been linked to exposure to toxic water at Camp Lejeune.
- Liver damage: Exposure to the contaminated water at Camp Lejeune could lead to liver damage.
- Parkinson’s Disease: Those exposed to toxic water at Camp Lejeune have reported the symptoms of Parkinson’s.
Camp Lejeune Injuries: Birth Defects
The Camp Lejeune lawsuits have also brought to light a troubling array of health issues, among which are claims of birth defects linked to the contaminated water at the Marine Corps base.
Plaintiffs have reported a range of congenital disabilities in children born to mothers who were exposed to the toxic chemicals present in the base’s water supply during pregnancy.
The reported birth defects include, but are not limited to, neural tube defects, cardiac anomalies, and low birth weight, which are believed to be associated with the mother’s exposure to volatile organic compounds such as trichloroethylene (TCE) and perchloroethylene (PCE) found in the base’s water.
The evidence suggests that these chemicals can cross the placental barrier, potentially leading to developmental issues in the womb. As a result, lawsuits filed by affected families include claims for compensation for the care and treatment of children born with these disabilities, highlighting the generational impact of the contamination at Camp Lejeune.
Federal Court Lawsuits
Lawyers specializing in Camp Lejeune litigation must navigate a complex legal landscape involving coordination with other plaintiff attorneys, knowledge of Camp Lejeune’s history and the Marines, and the ability to interpret regulations and expert testimony surrounding water contamination exposure cases.
By adhering to best practices, attorneys will play a central role in securing compensation for their clients affected by the contaminated water at Camp Lejeune.
Federal court actions involve filing a lawsuit against the Department of the Navy in a U.S. district court. To successfully pursue a contaminated water claim in federal court, claimants must present evidence of their exposure to dangerous chemicals, expert witnesses to support their claims, and a legal team well-versed in regulations and procedures surrounding Camp Lejeune litigation.
Those who file a lawsuit cannot take advantage of the Elective Option.
Victims can only file a civil lawsuit under the Camp Lejeune Act in the United States District Court for the Eastern District of North Carolina if their administrative claim is denied or not settled.
These lawsuits will be consolidated under a master docket, which will help expedite the process and ensure consistent case handling.
Pursuing a lawsuit with a knowledgeable lawyer specializing in Camp Lejeune-related cases can help victims receive the compensation they deserve. Still, you may have a limited time to file a lawsuit before the time to do so runs out.
The Impact of a Claim or Lawsuit on Your Federal Benefits
An important and practical question victims ask us is what impact, if any, accepting a settlement under the Camp Lejeune Act will have on their federal benefits.
The Veteran Administration’s right to subrogation and decrease of an award is not solely based on the source of the funds. Instead, the focus is on whether any award will result in a double payment to a veteran out of the United States Treasury. We discuss each of the federal benefits in turn.
V.A. Benefits
Neither the historical context of the Camp Lejeune Act nor the primary purpose of the Federal Medical Care Recovery Act (“FMCRA”) is consistent with the idea that a veteran must repay the United States for medical services it provided under the FMRCA due to harm that the United States caused.
The text of the Camp Lejeune Act does not allow the United States to offset medical care and services provided, and the Fourth Circuit (where, by law, these claims must be filed) has held that the United States may only recover if the injury is caused by a third party other than the United States.
Consistent with this law, the V.A. has announced it will not seek subrogation based on the payment of Camp Lejeune claims. The Office of General Counsel on the V.A.’s website states:
“V.A.’s Federal Medical Care Recovery Program ensures that when a Veteran is injured, the responsible party pays for the injured Veteran’s medical care instead of the American taxpayers. Money recovered by this program helps each V.A. medical facility provide the excellent medical care and services that each Veteran deserves by supplementing funds appropriated to V.A. by Congress. . . . CAMP LEJEUNE JUSTICE ACT CLAIMANTS: Please note that claims arising under the recently-passed Camp Lejeune Justice Act (“CLJA”) are claims against the United States. V.A. is statutorily prohibited from asserting a claim against the United States. 42 U.S.C. § 2651(a). As such, V.A. will not be generating billing for any CLJA cases.” V.A. Website
Social Security Benefits
Many courts have concluded that Social Security disability benefits and funds from other similar government programs do not offset tort liability. The Eastern District of North Carolina (where, by law, these claims must be filed) is among those courts that recognize that there is no offset of Social Security disability benefits.
This is because individuals who receive Social Security Disability have met eligibility requirements by paying into the Social Security system and being classified as disabled by the Social Security Administration’s standards. Accepting a settlement will not affect SSD benefits, and all Social Security benefits should continue.
Medicare and Medicaid
Courts have held Medicare payments are also not subject to subrogation because, like Social Security disability benefits, they were paid out of a special fund that is separate and distinct from general government revenues to which veterans have contributed.
While settlements do not impact Medicare eligibility, any settlement must be reported to Medicare within 60 days for any recovery related to personal injury claims to which Medicare has paid medical bills.
Medicare generally has a lien to claims related to the treatment received for a settled injury and may assert it. Courts have yet to address this issue in the context of Camp Lejeune’s claims.
In addition, Civil Service Retirement benefits and National Service Life Insurance Policy benefits are not deductible.
While the courts have not finally resolved the issue, it is reasonable to conclude there will likely be minimal, if any, subrogation deductions in Camp Lejeune settlements to a veteran for monies received for the provision of medical care and services. That does not mean a veteran can dip into the federal treasury twice for the same harm. There may be certain limitations to benefits that have already been paid. However, this will be a factor to take into consideration in any settlement. Source: Excerpted from S. Robinson, “Camp Lejeune Claims: Subrogation and Offsets.”
Get Your Free Claim Review Today
It is essential to consult knowledgeable lawyers experienced with the Camp Lejeune claims process to better understand the potential for an early settlement and how you and your family qualify for full compensation whether through the claim process or eventual lawsuit.
If you have filed a claim without the assistance of an attorney, we will be happy to review individually filed claims and assist those who need help with the next steps in pursuing your individual claim and maximizing your compensation.
