Camp Lejeune Water Lawsuits May Be Consolidated Into Multidistrict Litigation
Large jury awards could prompt the Federal Government to offer a sizable lump-sum settlement for Camp Lejeune Marines, and civilian employees with cancer
Thursday, August 18, 2022 - At the core of the Honoring, Our Pact Act is providing veterans from every branch of military service who were injured by toxic burn pit smoke in Iraq and Afghanistan and Agent Orange spraying in Vietnam about $300 billion in enhanced benefits. A critical provision within the bill is the inclusion of the Camp Lejeune Justice Act. The Act nullifies the statute of limitation that previously prevented Marines, civilian employees, and others from filing a water contamination civil lawsuit against the Marine Corps. The Marine Corp is advising veteran marines that the CLJA does not provide automatic benefits and that they must hire an independent Camp Lejeune water attorney to file a lawsuit. Marines serving at Camp Lejeune from 1953 to 1987 who received a cancer diagnosis during that period, and the surviving loved ones of those who have died from the disease may now file a lawsuit to hold the Marine Corp responsible.
The Military Times is advising those wishing to file a Camp Lejeune water lawsuit to choose their lawyer carefully. Each case will stand alone and be decided on its relative merits. Plaintiffs suing the Marine Corps will seek reimbursement for medical expenses, lost wages, loss of consortium, and pain and suffering. An important consideration to make is to hire an attorney that will work on a contingency and not charge upfront fees. Most credible lawyers will cover the costs of the lawsuit in exchange for sharing in the plaintiff's monetary award on the back end. Since thousands of similar cases will probably be filed, the cases could be consolidated into multidistrict litigation (MDL) in North Carolina under a single judge. Other similar personal injury and wrongful death mass tort lawsuits that made their way to MDL include Johnson's Baby Powder cancer, Monsanto Roundup herbicide cancer, and 3M Army Earplug hearing loss. MDL is preferred by the court to avoid repeating administrative court proceedings thousands of times and also to limit the number of expert witnesses that are allowed to give testimony from both sides on the complex science of how the toxins in the Camp Lejeune water system likely caused the plaintiff's cancer. Several cases could be selected to serve as bellwether trials to gauge jury reaction to the Marine Corp's negligence for failing to warn millions of people living, working, and playing at Camp Lejeune that the water was contaminated.
The Corp also warns that it could take years for them to see any money even if they win. According to MarineCorpsTime.com, "This isn't automatic payouts," said Greg Rinckey, founding partner of the firm Tully Rinckey, which specializes in military law. "Individuals are going to have to file lawsuits to get those damages. But for the first time, they can take legal action to get monetary compensation." The Veterans Administration (VA) has not issued an opinion as of yet regarding reducing existing disability benefits by the lawsuit's proceeds. The VA has guaranteed, however, that filing a lawsuit will not affect a veteran's disability income or medical benefits status.
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