Camp Lejeune Water Contamination Lawsuit (November 2024 Update)

The University of California, San Francisco recently released a study claiming exposure to volatile organic compounds (VOCs) in the water at Camp Lejeune may be responsible for an increased incidence of Parkinson's disease (PD). The study suggests that VOC exposure can accelerate PD progression, which means environmental conditions may affect how PD impacts those exposed to harmful chemicals.

The government has been reluctant to provide necessary information to the Settlement Masters due to confidentiality concerns. Near the end of September, an agreement was reached that may help move settlements forward. Also, the National Academy of Sciences (NAS) previously refused to provide a 2009 report about the toxic water at Camp Lejeune. The court finally ordered the NAS to comply with the federal rules and produce a list of privileged documents.

Since the statute of limitations for filing Camp Lejeune Justice Act claims has expired, we now have the final claim and lawsuit counts. More than 550,000 administrative claims were received by the Department of the Navy, and 2,089 lawsuits were filed by the deadline. At this point, 66 cases have been dismissed due to legal issues or settlements.

The plaintiffs have repeatedly requested relevant documents and electronic information from the government. Despite witnesses admitting they have the requested evidence, the government has failed to produce it. Instead of following the intent of the CLJA to provide compensation for injured service members and others harmed by the toxic water at Camp Lejeune, the government is fighting the process every step of the way. All parties should be working together, but the DOJ continues to resist liability for the harm suffered by innocent Marines and their families.

We remain hopeful for a global settlement arrangement that will include all pending cases. At this point, we can't predict when this may happen or how much the injured plaintiffs will be offered. As of mid-August, more than 546,000 administrative claims are on file pursuant to the CLJA. This number may be excessive due to duplicate filings or improper claims, but it represents a large number of cases to be resolved. The LLN team is monitoring this litigation, and our team of legal professionals will continue to fight for the rights of our injured service members.

As of August 6, 2024, the two-year deadline for filing a Camp Lejeune injury claim ran out. No new claims can be filed or considered for settlement at this time. At the start of August, 1,895 lawsuits were filed according to the Camp Lejeune Justice Act, and well over 325,000 administrative claims were received by the Navy. However, only 109 settlement offers have been made and only 64 were accepted.

The court has established a schedule for the Track 1 cases that will go to trial first. First, plaintiffs must disclose expert witnesses. The government then has 45 days to reveal its experts, and the plaintiffs have 21 more days to disclose rebuttal experts. Any relevant motions must then be filed within 30 days, and both sides have 21 days to object and 14 more days to reply to objections.

The parties are to report on trial preparation and discovery progress at the next conference scheduled for August 27th.

Both sides have submitted different trial and expert disclosure proposals. The plaintiffs are trying to expedite trials more quickly while the government is still trying to slow progress.

Since many plaintiffs are considering settlement, the judge has issued an order keeping both sides from discussing ongoing negotiations. By maintaining confidentiality, the court hopes to encourage fair discussions and resolutions without influencing any other settlement talks or the court's opinion of these cases.

With the appointment of two Settlement Masters and a Liason, the court is trying to facilitate settlement discussions and a structure for all Camp Lejeune Justice Act cases. The Masters cannot force settlements, only help both sides reach an agreement.

At this point, out of the 93 cases that qualify for the government's early settlement program, 37 have taken cash settlements that range from $100,000 to $450,000. Nine plaintiffs rejected possible settlements, and 26 other settlement cases remain pending.

Separate from the settlement program, the government has also made 111 other offers, of which 58 were accepted. The defense has paid more than $20 million in settlements so far. The average settlement payment is around $246,000, and bladder cancer victims are receiving the greatest amounts on average.

The parties have proposed a joint discovery schedule to handle Track One cases beginning on August 11, 2024. The schedule addresses expert disclosures, discovery deadlines, and motion filing deadlines to continue moving these cases to trial. We expect the first trial will not occur until 2025.

A bill has been introduced to expedite the claims process for the Camp Lejeune water contamination lawsuit. Representatives Greg Murphy (R-N.C.) and Deborah Ross (D-N.C.) proposed the Camp Lejeune Justice Corrections Act to streamline the claims process for service members exposed to toxic chemicals at the North Carolina base. It addresses concerns that the claims process has been delayed due to the concentration of cases in the Eastern District of North Carolina.

This legislation updates the original Camp Lejeune Justice Act, enacted in 2022 as part of the PACT Act. The new bill clarifies plaintiffs' right to a jury trial and expands jurisdiction to reduce case backlogs. The proposed legislation would distribute cases across more courthouses to accelerate the process and provide faster relief to those injured by the contamination. The goal of distributing cases across more courthouses could affect how any class actions are managed, potentially leading to changes in how consolidated cases are handled.

The original act allowed service members affected by toxic water at Camp Lejeune between August 1, 1953, and December 31, 1987, to sue the federal government for compensation. Delays raise concerns that claimants might pass away before receiving their due compensation.

Plaintiffs have requested copies of a report prepared by the National Academy of Sciences (NAS) on the link between the contaminated Camp Lejeune water and the various health problems suffered by those exposed. The NAS refused to provide the report, so plaintiffs filed a motion to compel.

Plaintiffs' counsel has released their list of proposed bellwether trials grouped by the disease involved:

Bladder Cancer

• Criswell v. USA, Case No. 7:23-cv-01482-BO-BM
• Dyer v. USA, Case No. 7:23-cv-00357-D-RJ
• Cagiano v. USA, Case No. 7:23-cv-00569-BO-RN

Kidney Cancer

• Mousser v. USA, Case No. 7:23-cv-00667-D-RN
• Howard v. USA, Case No. 7:23-cv-00490-FL
• Fancher v. USA, Case No. 7:23-cv-00275-M-BM

Leukemia

• Gleesing v. USA, Case No. 7:23-cv-01486-FL
• Connard v. USA, Case No. 7:23-cv-01557-M-RN
• Hill v. USA, Case No. 7:23-cv-00028-M-KS

Non-Hodgkin’s Lymphoma

• Carter v. USA, Case No. 7:23-cv-01565-M-KS
• Kidd v. USA, Case No. 7:23-cv-01489-FL
• Davis v. USA, Case No. 7:23-cv-00043-BO-BM

Parkinson’s Disease

• Peterson v. USA, Case No. 7:23-cv-01576-M-RJ
• McElhiney v. USA, Case No. 7:23-cv-01368-BO-RJ
• Rothchild v. USA, Case No. 7:23-cv-00858-D-KS

By the first week of June, 1,813 Camp Lejeune lawsuits had been filed, and the Department of the Navy had 232,892 administrative claims.

A few plaintiffs filed an interlocutory appeal hoping to overturn the MDL court's ruling that no jury trials are allowed in the Camp Lejeune litigation. The appeal was denied, so plaintiffs' bargaining power is reduced without the threat of jury verdicts to support their claims.

The deposition of the former Director of the Agency for Toxic Substances and Disease Registry (ATSDR) is in dispute. Since Dr. Portier is located in Italy, the defense argues it is too expensive, and he is not a key witness. With billions of dollars in compensation on the line, this argument doesn't hold water. A video deposition is also a viable alternative.

***IMPORTANT REMINDER: The deadline to make a Camp Lejeune claim in these proceedings is August 10, 2024. These actions take time to prepare, so if you are considering bringing a Camp Lejeune claim or lawsuit, reach out to Lawsuit Legal News as soon as possible to avoid missing your chance.

The government is encouraging plaintiffs' lawyers to discuss settlement with their clients before deadlines expire. It also reports that, based on certain circumstances, it has increased settlement amounts for some plaintiffs based on additional evidence shared by their lawyers.

Although the government claims the Elective Option settlement program is working, so far, only 36 cases have been settled, and only $9 million has been paid to injured service members. The LLN team holds firm that the program does not sufficiently compensate the injured plaintiffs for their losses. With 1,764 lawsuits and more than 227,000 administrative claims pending, justice will not be served in the plaintiffs' lifetimes.

While the government wants to limit the potential bellwether trial pool to cases involving one type of illness suffered by plaintiffs exposed to the toxic Camp Lejeune water, attorneys representing plaintiffs facing several serious conditions oppose this restriction. As explained in our April 12th update below, if the government is allowed to delay cases involving multiple diseases, the claims of some of the most seriously injured people would be cast aside for the sake of legal simplicity and speed.

The plaintiffs' attorneys point out that the government has sufficient details about multiple illnesses. so there is no reason to delay choosing bellwether trials from the full pool of lawsuits in this MDL. If potential cases are limited to one-disease situations, some plaintiffs might be forced to drop strong secondary claims in order to have their claims heard sooner rather than later. Instead, we believe the first bellwether trials should involve multiple diseases, which could lead to resolving more cases in the long run.

Plaintiffs' counsel have also filed a motion to compel the production of muster rolls that would prove their clients' service at Camp Lejeune. The government is blocking this information. The government claims the rolls are not searchable by name. However, plaintiffs' attorneys have uncovered a new database - the Marine Corps Unit Diary Database (MUDD) - that spans from 1940 through 2005 and should contain similar information. MUDD is supposedly searchable by year, certain description, or a text search.

Lastly, plaintiffs filed a motion to compel the government to produce records from the ATSDR Water Modeling Project. The goal is to show where the toxic water was located through a reliable GIS (geographic information system) location file. If the government would concede that all of Camp Lejeune was exposed to the toxic chemicals, this information would be unnecessary. Until then, plaintiffs must pursue proof of toxic exposure through water movements.

The plaintiffs' attorneys proposed five serious illnesses that should be included in Track 5 of this litigation. These illnesses are not included in the first four tracks for settlement or trial purposes. The illnesses under discussion for Track 5 are:

• Pancreatic cancer
• Multiple Myeloma
• Esophageal cancer
• Scleroderma
• Aplastic anemia / Myelodysplasic syndromes (MDS)

Some of these illnesses have been suggested for earlier tracks, but the parties cannot agree on which cases should be resolved first. Camp Lejeune victims suffering from illnesses and conditions not included in the first few tracks are understandably upset. These decisions are complicated and both sides claim they are prioritizing the most severe cases with the greatest number of injured plaintiffs.

However, in MDL situations, both sides really want to focus on the cases they can win (or, from the government's perspective, the cases with the lowest verdict possibilities). It's frustrating that the government wants to prioritize cases involving dental issues and skin sensitivity rather than cancers.

Once again, the government has requested an extension of time to comply with plaintiffs' requests for newly requested information. The court granted an additional 30 days to provide recent evidence, but the government still needs to provide updated information as requested.

Because this Camp Lejeune litigation involves plaintiffs and injuries spanning 70 years, it is crucial to protect and properly store relevant evidence. With today's technology, most trial evidence is maintained electronically, but decades ago, we didn't have the same options. Relevant evidence can include paper documents, records, and physical items that must be protected. However, converting older items to electronic versions, if possible, will be expensive and time-consuming.

Because Camp Lejeune cases involve two steps—filing an administrative claim with the Department of the Navy and/or filing a federal lawsuit under the Camp Lejeune Justice Act—the number of lawsuits involved in the MDL seems low. As of the middle of April, only 1,740 lawsuits had been filed, but more than 190,500 administrative claims were still pending with the DOJ. Also, only 40 of these cases have been settled, which amounts to 0.021 percent of all Camp Lejeune claims.

The government requested the court to limit the first round of bellwether trials to only cases that involve plaintiffs with one "single disease" that is scientifically recognized to be related to the toxic water at Camp Lejeune. The theory is that cases involving multiple diseases or conditions will be more complicated and require extensive scientific and medical evidence, so they should be heard later.

While this makes sense on one level, the LLN team disagrees with the request because it was proposed so late in the MDL process and would exclude many plaintiffs with the most serious medical concerns who should not have to wait to have their claims resolved.

The government is extending settlement offers from two different groups. The Torts Branch has categorized 51 cases in the Elective Option settlement group, while the DOJ has approved 59 claimants for settlement. Combined, all settlement payments made to date total $5,950,000. These payments are meant to cover conditions including many types of cancer, non-Hodgkin's Lymphoma, Parkinson's disease, and more. Settlement amounts range from $100,000 to $450,000.

While this might sound like a lot of money and claim resolutions, they are a small drop in the bucket, considering there are 1,662 pending lawsuits and almost 177,000 administrative claims that are waiting for settlement or trial.

The lawyers for the plaintiffs and the government have agreed to certain disclosures dealing with medical exams and testifying medical witnesses to keep these cases moving toward trial. The goal is to reduce multiple medical exams and how many medical experts must testify. However, now the government wants to hold off on Track 2 discovery procedures until the Track 1 bellwether trials (test trials) are selected.

As of mid-March, there are 1,633 pending lawsuits and 174,891 administrative claims filed with the DOJ, and settlement procedures are moving slowly.

The court has now designated which diseases will be categorized as Track 2 conditions. The following five Track 2 conditions account for approximately one-quarter of all Camp Lejeune claims:

• Liver cancer
• Prostate cancer
• Breast cancer
• Lung cancer
• Kidney disease

These conditions were chosen because if they are addressed early in the litigation process, it could lead to settlements more quickly. The current case count is 1,530 filed lawsuits and 170,502 administrative Camp Lejeune claims.

The latest Camp Lejeune lawsuit settlement figures include:

• 17 accepted settlements ranging from $150,000 to $450,000
• 7 rejected settlement offers
• 8 expired settlement offers
• 16 offers remain pending

The DOJ has approved 58 settlement offers for pending claims. Of those offers, 24 were accepted, two were rejected, 25 expired without action, and seven are still open. Payments have been made for eight Navy settlements and seven DOJ settlements, all totaling $3,600,000. At this point, 170,000 claims are still pending.

Lawyers for two injured Camp Lejeune plaintiffs are challenging the court's decision regarding whether they are entitled to a jury trial to resolve their claims. The remaining plaintiffs retain the right to appeal this decision until after receiving a final judgment. So the vast majority of these cases can stay on track.

The court has ruled that injured plaintiffs are not entitled to jury trials under the Camp Lejeune Justice Act of 2022 (CLJA). In general, Congress has not permitted cases against the U.S. government to go to a jury for consideration. By upholding that precedent, all Camp Lejeune cases will be heard by a judge instead of a jury.

The LLN team disagrees with the court's ruling, specifically because subsection 804(d) of the CLJA specifically states that "nothing shall impair the right to a jury trial." The court explained this statement away by claiming there is no new right to a jury trial, and this right is not distinguished in any outside actions.

While plaintiffs could appeal this decision, that will only slow the litigation process and the chance of favorable verdicts and/or settlements. In fact, disallowing jury trials might actually move these claims along more quickly and allow judges to award substantial verdicts if warranted.

A study performed by the Agency for Toxic Substances and Disease Registry (ATSDR) compared military personnel at Camp Lejeune with service members at Camp Pendleton who all served from 1975 to 1985. The overall results showed Camp Lejeune personnel were more likely to develop some cancers compared to people stationed at Camp Pendleton, where they were not exposed to contaminated water.

Considering the study's results, these are the top five types of cancer that may now become the basis for a Camp Lejeune toxic water lawsuit:

• Thyroid cancer
• Colon cancer
• Lung cancer
• Laryngeal cancer
• Pharyngeal cancer

The plaintiffs' lawyers proposed that 16 cases be consolidated according to the type of disease the plaintiffs are suffering. This schedule would allow the court to address Track 1 cases through only five trials. The proposed consolidation looks like this:

• Non-Hodgkin's Lymphoma - includes 5 plaintiffs
• Bladder cancer - includes 6 plaintiffs
• Kidney cancer - includes 8 plaintiffs
• Parkinson's Disease - includes 5 plaintiffs
• Leukemia - includes 5 plaintiffs

We don't expect the government to accept this proposal because consolidated trials could draw media attention and result in higher verdicts. As of the end of January, 1,492 Camp Lejeune lawsuits have been filed, while there are still 164,136 administrative claims watching and waiting.

Between the DOJ and the Navy, 89 settlement offers were extended to plaintiffs suffering from various medical conditions. So far, 13 plaintiffs have settled their cases as follows:

• 4 Bladder cancer sufferers received a combined settlement of $750,000 (average settlement is $197,500)
• 4 Leukemia patients received a combined settlement of $1,050,000 (average settlement is $262,500)
• 2 Parkinson's Disease sufferers received $650,000 ($325,000 each)
• 1 Kidney cancer patient received $300,000
• 1 Non-Hodgkin's Lymphoma patient received $300,000
• 1 Kidney disease patient received $100,000

More than 158,200 toxic water contamination claims remain unsettled.

Our legal team is actively assisting individuals in filing Camp Lejeune claims, and we're monitoring developments in Camp Lejeune Lawsuits in North Carolina federal court.

The attorneys representing Camp Lejeune plaintiffs are firmly asserting their right to a jury trial under the Camp Lejeune Justice Act. They argue that the Act's language and congressional intent unmistakably support this right and that the government's interpretation would render it meaningless. All parties, including the court and the Department of Justice, originally acknowledged this right as provided in the CLJA. Plaintiffs' attorneys are urging the court to uphold the toxic water victims' statutory and moral right to a jury trial.

If you or a loved one lived or worked at Camp Lejeune for 30 days or more between 1953 and 1987, you may qualify to file a Camp Lejeune claim. Reach out to LLN to explore your options to protect your rights in this matter.

The Camp Lejeune water contamination lawsuits already on file assert that the Navy was aware of the health risks associated with the water contamination. These lawsuits also claim that the Navy failed to prevent the entry of these contaminants into the water supply and failed to warn Marines and their families once the toxins were discovered. 

Disturbingly, evidence has shown the Navy had knowledge of toxic chemicals in the water supply as early as the 1940s. Although multiple wells in the area were shut down after the discovery, the wells and water supply at Camp Lejeune remained operational, posing a significant threat to the health and well-being of the people stationed and working there.

Many Camp Lejeune lawsuits argue that the base leaders were aware of the water contamination but failed in their duty to take appropriate action. The failure to warn individuals about the dangers they were exposed to every day forms the basis for liability in these claims.

In August 2022, President Joe Biden signed the PACT Act into law to provide healthcare benefits to military veterans, civil servants, contractors, and their families who were exposed to toxic water at Camp Lejeune. The Camp Lejeune Justice Act (CLJA) was incorporated into the PACT Act by Congress. The CLJA enabled service members and their families to seek damages for harm and losses resulting from exposure to contaminated water and toxins at Camp Lejeune.

To determine if you qualify for these benefits and compensation, you should discuss your case with an attorney who is familiar with Camp Lejeune claims. A mass tort lawyer at our affiliated law firm can evaluate your eligibility and guide you through the process of filing a claim.

Many individuals, including military service members, civilian workers, contractors, former residents, and their families, have been affected by the Camp Lejeune water contamination and are likely to file personal injury or wrongful death claims. 

To qualify for a Camp Lejeune claim, you must demonstrate that you spent at least 30 cumulative days at Camp Lejeune in North Carolina between August 31, 1953, and December 31, 1987, and subsequently developed a qualifying disease or condition. It is not necessary to prove that the water contamination directly caused your underlying condition because the qualified diseases are considered presumptive conditions.

When Was the First Camp Lejeune Claim Filed?

Shortly after the passage of the PACT Act and the Camp Lejeune Justice Act in 2022, the first Camp Lejeune water contamination lawsuit was filed in the U.S. District Court for the Eastern District of North Carolina. This lawsuit named the United States of America as the defendant and was brought by a plaintiff who had been diagnosed with multiple myeloma in 2012 after serving at Camp Lejeune from 1984 to 1986.

Filing any type of legal claim can be a complex process, but mass tort actions are particularly complicated. The LLN legal team has the resources needed to help you navigate the Camp Lejeune claim process. 

The first step is to reach out to our law firm. If we determine you have a viable case, our mass tort lawyers will file an administrative claim with the Judge Advocate General for the Department of the Navy on your behalf. The administrative claim step is crucial and must be completed before a Camp Lejeune water contamination lawsuit can be filed in the pending multidistrict litigation. Once your administrative claim is filed, the Department of the Navy has six months to approve or deny it.

Who Can Bring a Camp Lejeune Claim?

To pursue compensation for losses related to the water contamination at Camp Lejeune, you must meet certain criteria. Specifically, you must have:

• Lived, worked, or spent time at Camp Lejeune between August 31, 1953, and December 31, 1987.
• Lived, worked, or served at Camp Lejeune for a minimum of 30 cumulative days during that time.
• Developed one of the diseases or conditions specified in the CLJA.

If you are uncertain whether you meet these conditions, we encourage you to contact us. Our mass tort lawyers can review your unique circumstances to help you navigate this new system and work towards securing the benefits and compensation you deserve. 

It is essential to recognize that fighting against the U.S. government will not be easy. It requires extensive research, investigation, and discovery. A skilled mass tort attorney will need to examine medical records and consult with military and medical experts to build a strong case. We know it is an uphill battle to demonstrate how your Camp Lejeune-related injuries and illnesses have impacted your health and overall well-being. However, we are prepared for that battle.

To recover compensation for your damages, it is crucial to understand the extent of the harm you have suffered. Your damages can range from short-term medical expenses to long-term disabilities that significantly affect your quality of life.

The Camp Lejeune Justice Act allows plaintiffs to seek the following types of damages:

• Economic damages: These damages are measurable and straightforward to quantify. They include:
  • medical bills,
  • ambulance rides,
  • surgeries,
  • in-home care,
  • prescriptions,
  • prosthetic devices,
  • therapies,
  • rehabilitation services,
  • lost income,
  • loss of future earnings and earning potential, and
  • permanent disability.
• Non-economic damages: These damages are more challenging to prove because they are subjective in nature. They include:
  • pain and suffering,
  • emotional distress,
  • post-traumatic stress disorder (PTSD),
  • loss of enjoyment in life,
  • loss of consortium,
  • physical disfigurement,
  • scarring, and
  • emotional damages.

Military members and veterans who were exposed to contaminated water at Camp Lejeune can also seek disability benefits through the Department of Veterans Affairs (VA). Filing a VA disability benefits claim can help offset the costs associated with your injuries and disabilities and provide up to $3,000 a month in financial assistance.

A presumptive service connection exists between certain health conditions and exposure to Camp Lejeune contaminated water. This means you do not need to prove that the chemical exposure directly caused your illness. Instead, you only need to establish that you worked, served, or lived on the base during the specified period. This significantly expedites the claims process and allows more veterans to access the benefits they need more quickly.

To qualify for presumptive service connection, work with a mass tort lawyer who can establish the following:

• Proof of your presence at Camp Lejeune or MCAS for at least 30 days between August 1, 1952, and December 31, 1987.
• You were not dishonorably discharged from the military.
• You suffered from one or more of the following cancers or conditions:
  • breast cancer, 
  • female infertility, 
  • miscarriage, 
  • bladder cancer, 
  • kidney cancer, 
  • renal toxicity, 
  • hepatic steatosis, 
  • esophageal cancer, 
  • lung cancer, 
  • leukemia, 
  • multiple myeloma, 
  • scleroderma, 
  • myelodysplastic syndromes, 
  • non-Hodgkin's lymphoma, 
  • neurobehavioral effects, or 
  • Parkinson's disease.

Even if you do not believe you qualify for presumptive service connection, you may still be eligible for VA disability benefits. 

Your attorney will need to gather evidence to build a strong case to help you secure the benefits you deserve. This may involve collecting your medical records, documentation of your time at Camp Lejeune or in the vicinity of the base, as well as proof of your exposure to the contaminated water, such as utility bills or on-base housing records.

Placing a value on any personal injury case is complicated. Each person who was exposed to the toxic water might suffer different medical conditions. Even with the same diagnosis, cancers and other serious issues will affect people differently. The best way to determine what you might expect from filing a Camp Lejeune claim is to meet with a dedicated injury lawyer to explain your unique circumstances.

**Breaking News** The government has recently created a program called Elective Option to help settle Camp Lejeune claims quickly and cheaply. Although we don't believe the offered settlement amounts are sufficient for most claims, the settlement structure gives us some insight into what the government is willing to pay victims of Camp Lejeune water contamination. Read all the details about the Elective Option program in our blog post.