Camp Lejeune Justice Act Claims Are Expiring Forcing 900 Lawsuits

The Navy JAG has only six months to respond to water contamination claims and has not done so as of yet

Thursday, May 4, 2023 - An eye-opening article in Reuters this morning reports on the increasing number of lawsuits against the U.S. government following the passing of the Honoring our Promise to Address Comprehensive Toxics (PACT) Act. The law, which includes the Camp Lejeune Justice Act, enables veterans and their families to sue for exposure to contaminated water at Marine Corps Base Camp Lejeune, which had previously been barred from court. Since the start of the year, over 900 cases have been filed in a federal court in North Carolina, with the potential for thousands more. The PACT Act set up an administrative claims process, which has received over 45,000 Camp Lejeune Justice Act claims to date. If the administrative claim is not resolved after six months, victims and families can sue in North Carolina federal court. According to Reuters, the North Carolina court has seen three times its usual number of civil cases since the start of the year, and additional staff have been hired to help manage the load. None of the court cases have settled yet, and the U.S. Justice Department, which is defending against the lawsuits, declined to comment. The Department of Health and Human Services has acknowledged that chemicals in the water may have increased the risk of cancer and other health problems for as many as one million people. Given the similarities in injuries from a common cause by a single defendant, it would seem likely that the cases would eventually be consolidated into multidistrict litigation (MDL) to streamline repetitive administrative court procedures, and discovery, and to confirm the science underlying the water contamination at Camp Lejeune. Lawsuits against the federal government for Camp Lejeune water contamination injuries and deaths are expected to exceed 100,000 in 2023 as the six-month time limit for the government to process the claims administratively expires.

Anyone who served, worked, or went to school or daycare at Camp Lejeune from 1953 to 1987, and has developed cancer or Parkinson's disease may file a Camp Lejeune Justice Act claim seeking lump-sum monetary compensation. In 1987, the water supply at Camp Lejeune was found to be contaminated with volatile organic compounds (VOCs) trichloroethylene (TCE), perchloroethylene (PCE), and benzene. These toxic chemicals are considered to be carcinogenic and cause many types of cancer, liver damage, and nervous system disorders. TCE and PCE were used as solvents in a variety of industrial and military applications to degrease weaponry and military equipment. Benzene was used as a component of gasoline that was improperly stored and buried. The contamination occurred gradually over several decades. Although the contamination was first discovered at two main Camp Lejeune water treatment facilities in the early 1980s, the military did not begin notifying residents and employees of the problem until much later in the decade, a violation of the government's duty to protect public health. In response to the contamination, the military has established a program to provide medical care to affected individuals and families, and the government has enacted laws to compensate veterans and their families for the health problems caused by exposure to contaminated water.

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