Elective Option Requirements Severely Restrict The Number Of Water Contamination Victims That May Qualify
Newly released statistics show that only 13.6% of those who filed for the Camp Lejeune Elective Option have a qualifying illness and were on the base during the required time frame
Sunday, January 7, 2024 - Just when you think that the Navy and the federal government have come up with a fair and equitable solution to pay out Camp Lejeune Justice Act claims, another wrench seems to have been thrown into the government's administrative engine. Thousands of water contamination claims that are filed under the restrictions posed by the Elective Option may be declined because the claimant did not have an illness that is listed on the presumed illnesses list. One leading data management firm, according to Bloomberg News, tells their audience (plaintiff law firms) that tens of thousands more claims are expected to be filed before the August 2022 deadline and that most will go unanswered leading to many more Camp Lejeune water lawsuits being filed in 2024. All lawsuits must be filed in the Eastern District of North Carolina where only four judges are available to hear the cases. Each judge has been assigned one-quarter of the 1400 or so cases filed already.
Camp Lejeune water contamination victims were encouraged by the recent "Elective Option" but quick payouts of up to $550,000 seem to have been only a pipe dream. Unfortunately, many of the claims that have been filed, according to statistics, are from elderly plaintiffs who are expected to die before seeing the inside of a courtroom or receiving a penny of compensation. This may lead to having to refile their case as a wrongful death claim. According to Bloomberg News, " More than 85% of the people seeking compensation for exposure to toxic water at Camp Lejeune wouldn't qualify for the early resolution payouts offered by the government, according to preliminary data culled from thousands of potential claimants. The small pool of eligible applicants, as determined in an analysis by data management firm SimplyConvert, suggests an additional tens or even hundreds of thousands of claims filed with the Navy before the August deadline might be disputed and end up in court. It could also mean many claimants will die before collecting a payout. "So many of these claimants are older, are very sick, and likely do not have years to wait for a trial," Jessie Hoerman, the founder and CEO of SimplyConvert, told Bloomberg Law." According to the data statistics firm, only 13.6% of the claimants have a type of injury presumed to have been caused by drinking Camp Lejeune water during the limited timeframe required by the Elective Option. " An early resolution program, also known as the elective option, offers quick payouts, but has requirements that significantly limit the pool of eligibility," Bloomberg writes. Statistics to date show that the number of Camp Lejeune Justice Act claims filed under the Elective Option for speedy consideration, has grown to over 150,000, and that more than 1500 lawsuits have already been filed. Victims of Camp Lejeune water contamination with a wide variety of terminal illnesses continue to come forward.
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