
Bellwether Trials for Camp Lejeune Water Contamination Plaintiffs May Establish Payout Levels
It seems likely that Camp Lejeune water contamination claimants may have to refile once the Navy's computer system is in place
Monday, August 14, 2023 - The Camp Lejeune Justice Act gives military personnel, civilian workers, and others who spent time at Camp Lejeune and developed cancer or Parkinson's disease, the legal right to file a lawsuit should their initial attempt at a claim be denied. So far about 100,000 Camp Lejeune Justice Act claims have been filed and the government is reporting that only about 17% of them have been addressed. The remainder is destined to go unanswered by the time each 6-month time limit runs out. People are then allowed to file a lawsuit against the government to recover lump-sum monetary reimbursement for their medical expenses, lost wages, and so on.
The government failed to have an administrative infrastructure in place to handle the enormous number of claims and just now, about a year later, is seeking more funding to hire more administrative personnel and also to make a computer database accessible to organize claims. The longer the government delays, the more cases transform from personal injury to wrongful death claims, a much more complex matter. North Carolina judges have appointed a seven-member panel of attorneys representing 100,000 Camp Lejeune water contamination cancer clients with a goal of conducting bellwether trials and estimating the amount of damages that should be paid to claimants automatically based on their illness. CNN reports that the Congressional Budget Office (CBO) estimates that Camp Lejeune Water contamination claims could cost taxpayers about $163 billion. CNN reports, " In reference to the cases in front of the Eastern District of North Carolina -- like Peterson's -- Keiley said: "The Department of Justice and the Department of Navy are working to develop an early-resolution framework for the (Camp Lejeune Justice Act) claims. This framework will supplement other mechanisms for resolving claims currently available through the normal administrative claims process or litigation and will provide a voluntary, expedited option for those interested. Our aim is that this framework will be finalized soon so that those impacted can quickly receive relief." It seems likely that Camp Lejeune water contamination claimants may have to refile yet again once the Navy's computer system is in place.
Plaintiffs will not be able to receive punitive damage awards that could have been up to ten times the monetary award. There can be no attempt under the CLJA to punish the government for failing to warn Camp Lejeune residents of their knowledge of Camp Lejeune water contamination. Some believe that the Marine Corps top brass knew for about two decades that Camp Lejeune water was contaminated before making even an attempt to alert then-current Camp Lejeune residents. Past residents and workers have never been alerted to the water contamination issue and are only now waking up to the fact that their cancer or Parkinson's disease is presumed to have been caused by drinking Camp Lejeune water. Lawyers and advocates like attorney Erin Brockovich have held town hall meetings at local VFW and American Legion halls seeking to alert those with Camp Lejeune cancer.