A New Wrinkle By The Military May Doom Camp Lejeune Water Contamination Lawsuits

Legal experts think that the federal government may be going back on their word to allow jury trials for Camp Lejeune water contamination victims

Thursday, December 7, 2023 - The military has a history of denying the rights of those who were stationed at, lived, or worked at Camp Lejeune in North Carolina by covering up what they knew about the water supply there being contaminated with a variety of deadly chemicals. Bloomberg Laws tells readers that plaintiff lawyers were outraged by the government's new interpretation of the Camp Lejeune Justice Act. "They (plaintiff attorneys) urged the court to "reject the government's misguided effort to deprive long-suffering Camp Lejeune cancer victims of their statutorily guaranteed right to a jury trial." The filing came in response to a motion filed by the government last month arguing that a plaintiff has a right to a jury trial "only where Congress has affirmatively and unambiguously granted that right." It contends the Camp Lejeune Justice Act didn't specify that, but rather only "appropriate relief" for victims." Over 117,000 Camp Lejeune Justice Act claims totaling $3.3 trillion have been filed and the vast majority have gone unanswered.

Under the rules of the Camp Lejeune Justice Act, enacted into law on August 4, 2022, the Department of the Navy has 6 months to pay or deny those claims. If they do either, the plaintiff has a right to file a personal injury or wrongful death lawsuit in the Eastern District of North Carolina where all cases must be heard. The problem is that there are only 4 judges available creating a log jam that could last decades. To rectify this untenable situation, the Navy has created the expedited option where those who qualify under certain conditions will be offered a lump sum of money which could be as much as $550,000. If one accepts the payout they forfeit their right to file a lawsuit, however, those who are collecting disability benefits from the VA for Camp Lejeune water contamination would not have their benefits reduced. The change in the rules may encourage thousands more Camp Lejeune water contamination claims to be filed. As an added benefit to those injured by water contamination, attorney fees have been capped at 20% of administrative settlement and 25% of jury awards if the case ever went to trial.

According to recent information issued by the Centers for Disease Control (CDC), "Tests from routine water treatment plant sampling and samples of water supply wells identified that trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride (VC) and benzene contaminated some drinking water sources at Camp Lejeune. They are all colorless chemicals." The expedited payout option is intended to alleviate the potential decades-long backlog in jury trials and to compensate the majority of people who were injured. Individuals must have been on Camp Lejeune for at least 30 days from 1953 to 1987 and developed one of only a specific list of types of cancer. Lawsuits that have been filed reflect those who have suffered types of cancer not covered in the presumed cancer list.

Information provided by CampLejeuneJusticeActClaim.com, a website devoted to providing news about Camp Lejeune Justice Act Claim, including a free no-cost, no-obligation Camp Lejeune Justice Act Claim.