Our Camp Lejeune lawyers believe this is just the start of the list of harms caused by contaminated water at Camp Lejeune. So far, about 20,000 administrative claims. There are too many variables for our lawyers to come up with a very accurate estimate for the potential settlement value of Camp Lejeune water contamination cases. These are LOW settlement compensation estimates. The Department of Veterans Affairs is urging Camp Lejeune victims to file claims for VA disability benefits, even if they are pursuing a claim under the CLJA. It has now been almost six months since the first group of claims was filed after the CLJA became law. It also nearly doubles the total number of CLJA civil cases pending. When you visit the NARAs Military Service Records webpage, a new highlight box appears at the top entitled Important Notice Regarding the Camp Lejeune Justice Act of 2022., The text in the box notes that the Navy JAG does not require service records to support an initial claim but may request records from claimants at a later date.. But the gold rush is fading. Service Criteria for Camp Lejeune Water Disability Claims. In 1992, the USMC submitted a report for a federal health review which admitted to the prior TCE and PCE contamination in the water. Filing a lawsuit under the Camp Lejeune Justice Act of 2022 wont affect your eligibility for VA disability or health care benefits. Check out these savings today! We are coming up five months since the PACT Act was passed. 28A-18-1, known as a survivorship claim. You can contact the Department of Justice by phone or email: No. LEGISLATIVE ACCOMPLISHMENTS: Learn how MOAA's advocacy work has made a difference. This includes VA benefits related to Camp Lejeune. Camp Lejeune residents also had higher rates of multiple myeloma, Hodgkins lymphoma, and Lou Gehrigs disease. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The Camp Lejeune Justice Act grants the claims an exception from governmental immunity protections and other laws and allows for claimants to file lawsuits in the Eastern District of North. The PACT Act doesnt affect VA benefits related to Camp Lejeune. The requirement is applicable for both marines and family members. Either way, this is an issue that your attorney can work through for you. The largest VSOs Veterans of Foreign Wars, American Legion, and Disabled American Veterans have been servicing veteran and survivor claims for decades and will provide unbiased expert advice on VA benefits. If you want gun-to-the-head per person Camp Lejeune settlement amount projections, here they are: Lung Cancer $325,000 (non-smoker projection), Parkinsons Disease $775,000 (this is low), Esophageal Cancer $300,000 (non-smoker projection). The court must reduce (or offset) the award by the amount of any related disability award, payment, or benefit we provided to you or your legal representative. We're proud to work with Ed Bell, the champion of the Camp Lejeune Justice Act, to help veterans get justice. The Camp Lejeune Justice Act of 2022 allows those injured years ago to pursue compensation from a Camp Lejeune water contamination lawsuit. In the 1980s, the Marine Corps tested the two primary water treatment facilities supplying water to Camp Lejeune. This law is also called the Camp Lejeune Justice Act of 2022. But it needs to put more energy into getting up to speed to process these claims. Between August 1953 and December 1987, service members and their families stationed at Camp . The Navy JAG has received harsh criticism recently for its apparent lack of action on the thousands of Camp Lejeune claims filed under the new law passed last year. The Camp Lejeune Justice Act of 2022 (PACT Act) was passed into law on August 10, 2022, allowing anyone who meets specific criteria to file a Camp Lejeune lawsuit, whether civilian workers or military veterans. To get a VA disability rating, your disability must connect to your military service. You may also want to provide a report from your health care provider. May 1, 2023 Update Camp Lejeune Class Action. December 29, 2022 Camp Lejeune Court Ruling. The government will not allow you to be compensated twice for the same purpose. Youll need to provide this evidence (supporting documents) with your claim: Yes. See "Our North Carolina Lawyers are Prepared to File a Camp Lejeune Water Contamination Lawsuit on Behalf of the Affected Veterans and Families Now that the Camp Lejeune Justice Act of 2022 Has Become Law." Martin & Jones, PLLC. There is no evidence presented to support this number, not even a quote. Medical studies and research has established that prolonged exposure to TCE and PCE is associated with higher rates of certain cancers. A water contamination lawsuit can be filed against Camp Lejeune by following these steps: 1. The law does expand VA health care and benefits for Veterans exposed to burn pits and other toxic substances. North Carolina law had blocked these Camp Lejeune victims from bringing cancer lawsuits and other claims against the government. The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred. A Camp Lejeune water contamination lawsuit is the vehicle to get settlement compensation in these cases. The question remains how the DOJ and the court plan to handle the massive flood of Camp Lejeune cases that will require just a ton of work for everyone. The weekly volume of new Camp Lejeune civil cases has more than doubled each week since the start of this month. The base, which several satellite facilities service, occupies a total area of 250 square miles in Onslow County, North Carolina. Victims who meet the qualifying criteria can pursue their claims by filing a tort lawsuit in the U.S. District Court for the Eastern District of North Carolina. February 27, 2023 Update 158 and Counting. If the court awards you relief under this law (or if a court awarded relief in the past), this wont affect the amount of your VA disability payments or your eligibility for VA health care. This includes servicemembers, civil servants . Presumptive conditions are established by law or regulation. LinkedIn, Copyright 2023 Military Officers Association of America
PCE is a clear liquid with a mild odor primarily used as a fabric solvent in the commercial dry-cleaning industry. This also applies to those who were in utero during this time. Our military and their families were unknowingly digesting water contaminated with awful toxins every day. SURVIVING SPOUSE CORNER: Get regular updates on key issues, financial tips, and more. They understand that a lawyer cannot tell them exactly when their lawsuit will settle. Some states permit any close family member to bring wrongful death claims, and North Carolina only allows the decedents estate to bring these claims. The ATSDR study looked at birth defect rates for women who resided at Camp Lejeune at some point during pregnancy and had children born between 1968 and 1985. Many are now wondering how many total claims will get filed under the CLJA before the deadline in August 2024. But there will not be a Camp Lejeune class action lawsuit like an MDL. . 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. To prove causation, the CLJA merely requires claimants to produce evidence showing that a causal relationship is at least as likely as not. This is referred to as equipoise causation, and it will be the first time this standard is applied in a civil case. This is good for those plaintiffs and all plaintiffs because they will set the tone for Camp Lejeune settlements and verdicts. Read more from the Agency for Toxic Substances and Disease Registry, Read the National Academies Camp Lejeune report. The lawsuits are also open to children who were exposed in the womb. A recent article from Bloomberg News suggests there could be as many as 500,000 CLJA claims. Our attorney will carefully review your case and documents, which must consist of your medical records, evidence of your stay at Camp Lejeune, and your child's medical records, and eventually tell you whether you can file a Camp Lejeune toxic water claim or lawsuit on behalf of your child. May 2023 Camp Lejeune Lawsuit Update. Also known as Hodgkin's disease, this cancer occurs in nearly 9,000 people every year in the US. Camp Lejeune, a military base in North Carolina, has been facing an alarming water contamination issue that has affected the health of many individuals living on or near the base. The Bove Study found that Marines at Camp Lejeune had elevated risks for several causes of death, including kidney, liver, esophageal, and cervical cancer. At this point, many of you are reading this and feel like our lawyers have yet to tell you anything about the settlement compensation payout you might receive for your case. Pets? The Marine Corps testing also determined that the water supply to Camp Lejeune had been contaminated with toxic chemicals since the 1950s. See id. The Process of Filing a Camp Lejeune Lawsuit. One key piece of research that will be relied on in a Camp Lejeune lawsuit will be studied by the Agency for Toxic Substances and Disease Registry (ATSDR). Their sympathy for the governments difficulties will be enhanced by their own problems managing litigation of this size. The Camp Lejeune Justice Act (CLJA), which became part of the Honoring Our PACT Act earlier this year, was signed by President Biden on August 10, 2022. The first is for victims with a Camp Lejeune claim for their injuries. This testing revealed that Camp Lejeunes water supply contained high levels of chemicals that are known to be toxic and linked to cancer. The contamination was a result of improper disposal practices, which led to the release of these chemicals into the groundwater, This eventually spread to wells that provided drinking water for residents living on base. The ATSDR study estimated that the number of people in this population that developed cancer and severe health conditions is no more than 200,000. In addition to wrongful death, North Carolina also recognizes a separate claim under North Carolina Gen. Stat. December 26, 2022 Risk of Inconsistent Verdicts in North Carolina. The personal representative of the state brings the suit and then distributes any settlement proceeds among the heirs. A Camp Lejeune settlement will likely come with a global settlement deal that resolves all claims with the government. Were here 8:30 a.m. to 4:55 p.m. If you, a loved one, or someone you know, lived or worked at Marine Corps Base Camp Lejeune for at least 30 days between August 1, 1953, and December 31, 1987, and have a serious illness or cancer, please call us right away at 866-932-3641. During a recent status conference, U.S. District Judge James C. Dever III discussed the possibility of establishing a master docket and assigning plaintiffs attorneys to certain leadership positions just like you see in an ordinary MDL class action lawsuit. The case settled and I got a lot more money than I expected. As put forth by the Veterans Administration and the Camp Lejeune Justice Act of 2022, people who lived at the camp for at least thirty (30) days between 1954 and 1987 may be eligible to file a Camp Lejeune Water Contamination Lawsuit. You have been subsequently diagnosed with: bladder cancer, kidney cancer, liver cancer, leukemia, colon cancer, multiple myeloma, lymphoma, or other cancer or Parkinsons disease, some other neurologic condition, or another condition listed above. MOAA INSURANCE: Life? But it is likely coming. Published By Miller & Zois, Attorneys at Law, Agency for Toxic Substances and Disease Registry, Plastic anemia (and other bone marrow conditions). Our Camp Lejeune lawyers can assist you with your claim for your injuries or sickness or the wrongful death of a loved one. One of the first major Camp Lejeune water studies lead by CDC scientist Frank Bove and published in 2014 in the journal Environmental Health. Water contamination claims will not be accepted after August 10, 2024. In June 1983, North Carolinas water supply administration asked the USMC to provide Graingers water testing reports for Camp Lejeune. These scientific studies concluded that maternal exposure to contaminated water a Camp Lejeune resulted in a significantly higher rate of neural tube congenital disabilities such as spina bifida. So the $6.1 billion number was antiquated from the very beginning. ET. The Marine Corps flatly refused to disclose the testing reports, and in December 1983, they reduced the level of water testing being done by Grainger at the base. Now, Congress passed a new federal law enabling victims of water contamination at Camp Lejeune to file claims and get financial compensation. A survival claim is the decedents own personal injury claim that they had and which survives their death. A rapidly growing number of Camp Lejeune lawsuits have been filed over the past two months, since each claimant had to wait 180 days after notifying the U.S . One is that the CBO has made meaningful projections based on estimated Camp Lejeune lawsuits they expect to be filed. It found PCE, TCE, vinyl chloride, and benzene levels that were among the highest ever recorded in drinking water in American history. Meanwhile, the DOJ has filed a motion asking for an extension of its deadline to file answers to the new CLJA cases pending a decision on the recent motion to consolidate. You can file a new claim online now. Our lawyers do not think Congress intended to go through all this trouble to serve victims half a cup of justice. The TV advertising expenditure on Lejeune was more than double the amount spent on any other mass tort during the same period. It makes sense just to waive any lien and pay slightly smaller settlement amounts (which also has the impact of the victim paying less in attorneys fees because fees come out of the gross amount of the settlement). To find an accredited VSO, search VSO at this link. Many ATSDR studies show clear evidence that water contamination causes higher cancer and death rates. . None of the initial claims have been settled (JAG never even collected supporting documents for the claims). In response to a recent media inquiry, a spokesperson for JAG suggested that they are reviewing claims and that if the Navy determines the evidence substantiates the claim, the Navy, in coordination with the Department of Justice, may offer a settlement. This is certainly encouraging to hear, but no settlement offers have been made to any Camp Lejeune victims and no timetable was offered. November 24, 2022 Camp Lejeune Pretrial Battle Over Legacy Cases Continues. Keep reading on this page to learn more about these benefits and benefits for family members. This report offers a summary of research on the historical Camp Lejeune water contamination up to 2009. Lawsuits and Veterans Administration (VA) claims continue to be filed by service members and their loved ones who have developed physical ailments after being exposed to tainted drinking water at Camp Lejeune. Last month, a different judge dismissed over a dozen legacy cases for the same reason. Otherwise, you risk conflicting opinions, which is not what the Camp Lejeune litigation needs. December 28, 2022 When Will Camp Lejeune Settlements Finally Begin? Under equipoise, however, the contaminated water could be at least as likely as the cigarettes to be the cause. The U.S. Army Environmental Hygiene Agency did the testing.In March 1981, that agency provided a report to the U.S. Marine Corps warning that [w]ater is highly contaminated with other chlorinated hydrocarbons (solvents)! No immediate action was taken in response. This applies to the water contamination victims and those who lost loved ones and wish to bring a wrongful death lawsuit. Camp Lejeune Toxic Water Lawsuit. While the exact cause of Hodgkin's lymphoma has not yet been found, there are certain factors whose presence increases the risk of developing it, such as being over the age of 55, having a poor immune system . Parkinsons disease settlements will likely be higher. Nothing has happened, leaving many veterans very frustrated. Despite receiving over 15,000 claims already, JAG has yet to implement any system for reviewing and/or resolving the claims. This rate of CLJA claims is expected to continue in the months ahead. But 20,00o claims likely vastly underestimate the number of Camp Lejeune settlements we will see. Reports have suggested the issues could affect . Must have lived or worked at Camp Lejeune for a period of at least 30 cumulative days between Aug. 1, 1953, and Dec. 31, 1987. Why? For decades, government officials were aware of toxic water contamination at U.S. Marine Corps Base Camp Lejeune in North Carolina, but those in power ignored the issue and denied victims their right to seek justice. January 6, 2023 Update PACT Act Anniversary. Filing a Camp Lejeune Water Contamination Lawsuit. Ask your provider to fill out aCamp Lejeune Family Member Program Treating Physician Report (VA Form 10-10068b). 79 CLJA cases have been filed in the Eastern District of North Carolina since Friday of last week. As our lawyers have said, this takes away an advantage for those individual plaintiffs who are now pushed back in line with everyone else. To qualify for disability compensation, you must not have received a dishonorable discharge. The CLJA circumvents the North Carolina statute of repose and allows victims to file lawsuits in federal court if they were exposed (even in-utero) to the contaminated water at Camp Lejeune for at least 30 days. A document (like utility bills, base housing records, military orders, or tax forms) that proves you lived at Camp Lejeune or MCAS New River, North Carolina,for at least 30 days betweenAugust 1, 1953, andDecember 31, 1987. The PACT Act includes the Camp Lejeune Justice Act, a historic bill for veterans who were stationed at U.S. Marine Corps Base Camp Lejeune in North Carolina. JAG only has a 6-month deadline to take action on these claims, but no action has been taken in any of them. EXECUTIVE TRANSITION: Join MOAA for an in-person event May 5 and master your professional path. Our water contamination attorneys expect that the CLJA administrative claims could function more like a settlement mediation process. We may pay for or reimburse for care related to these conditions: Youll need to fill out a Camp Lejeune Family Member Program Application (VA Form 10-10068) and send it to us by mail or fax. A recently filed CLJA civil lawsuit, Freshwater v. United States (7:23-cv-00167), highlights the tragic circumstances of many Camp Lejeune victims. And you must have a diagnosis of 1 or more of these presumptive conditions: Evidence shows a link between these conditions and exposure to chemicals found in the drinking water at Camp Lejeune and MCAS New River during this time. North Carolina only allows survivor claims by the personal representative of the decedents estate. April 20, 2023 Update Court Grants DOJ Extension Request. Camp Lejeune is the traditional home base of many resident Marine Corps commands, including the II Marine Expeditionary Force. These requirements apply to Veterans, Reservists, and National Guard members. Grainger provided additional warnings about the water contamination to Marine Corps officials in December 1982, March 1983, and September 1983. But we can make an educated guess by examining the settlement amounts in prior cases involving similar injuries. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. You can learn more about VA benefits connected with Camp Lejeune water contamination on the VA website. Note: In utero means that your mother was pregnant with you at the time. There is not a Camp Lejeune class action lawsuit. The water from the Hadnot Point plant was found to contain TCE levels as high as 1,400 ppb. We explain more in our December 29, 2022, update below. CONCURRENT RECEIPT: Stay up to date on MOAA's latest advocacy efforts on this critical topic. If a claim is denied, victims have the right to file a Camp Lejeune Lawsuit in the US District Court for the Eastern District of North Carolina. April 19, 2023 Update Acccelation of Pace of Camp Lejeune Suit in North Carolina. We think a more reasonable estimate of the total number of CLJA claims is around 100,000 to 200,000. The first qualified group is anyone who lived at Camp Lejeune or MCAS for a minimum of 30 days. Camp Lejeune allows certain individuals to sue and recover damages for harm from exposure to contaminated water at Camp Lejeune between August 1, 1953, and December 31, 1987. SBP OPEN SEASON: Join us May 3 for all you need to know about the Survivor Benefit Plan. The TCE contamination at the Hadnot Point plant occurred from 1953 to 1985. Note: When you file, be sure to state that youre applying for 1 or more of the presumptive conditions for Camp Lejeune. December 14, 2022 Lung Cancer Lejeune Settlement Amounts. It should mean that you wont have to battle quite as hard to prove that your disease is connected to the Camp Lejeune water, even when you may have other risk factors. The Camp Lejeune Justice Act of 2022 will establish a two-year period beginning on the law's enactment date, during which veterans, civilians, and their families exposed to toxic chemicals in the military base's water supply could initiate legal action. Here are three specific criteria that you need to meet: Presence On Camp Lejeune Between 1953 and 1987: According to the federal government, toxic water was a problem at Camp Lejeune between August 1, 1953, through December 31, 1987. Additionally, plaintiffs must have been exposed to the contaminated water and suffered from one of the health conditions linked to the toxic chemicals . Claimants cannot file their lawsuit in federal court until the administrative claim is denied or the 6-month deadline expires. What is holding up the process right now is the development of an online electronic claim portal to enable claimants to submit supporting documentation for their claims. We call these presumptive conditions. The Navy JAG Tort Claims Unit reports that the number of claims filed by Camp Lejeune victims under the new CLJA is now up to 14,000. The Navy JAG Tort Claims Unit has received thousands of Camp Lejeune administrative claims since the CLJA was passed in August. Breast cancer, bladder cancer, multiple myeloma, and renal cancer. Two hundred thirty-two of these CLJA civil cases were filed on a single day, Friday, March 31, 2023. 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. Camp Lejeune is a sprawling Marine Corps military base and operational training facility that has been used since 1942. But we now have something close. If you meet the service requirements for Camp Lejeune, you may be eligible to enroll in VA health care. Second, the handling of the CLJA claims process will be controlled by the Biden administration. Marine Corps photo. These lawsuits are only available to individuals who were exposed to the contaminated water for at least 30 days.