Camp Lejeune Justice Act
by Mark Wolfe, Attorney at Law
What is the Camp Lejeune Justice Act? The Camp Lejeune Justice Act of 2022 is a proposed bill that will allow those harmed by exposure to toxic water supplies at Camp Lejeune from 1953-1987 to seek reparations and damages for harms they have suffered or may have suffered from exposure to the toxic water supply at Camp Lejeune, North Carolina. The bill passed the U.S. House of Representatives in March and passed the U.S. Senate on June 16, 2022. The Bill now awaits President Biden’s signature for enactment into law.
Why was the Camp Lejeune Justice Act Needed? Federal laws and North Carolina’s statute of repose prohibited service members or their families from making claims against the United States for injuries and damages suffered from the exposure to the toxic water supply. It has been estimated by the Department of Veterans Affairs that almost 900,000 service members along with their families were exposed to the contaminated water supply at Camp Lejeune.
How contaminated was the water at Camp Lejeune? The water supply at Camp Lejeune during the period between 1953 and 1987 was found to have contained a number of volatile organic chemicals (VOCs) at levels as high as 280 times the standard safety level for drinking water. The specific toxic chemicals detected in Camp Lejeune drinking water include trichloroethylene (TCE), tetrachloroethylene (also called perchloroethylene, or PCE), vinyl chloride, and benzene.
What illnesses or diseases have been linked to exposure to the contaminated drinking water at Camp Lejeune? Several years ago the Veterans Administration identified 8 diseases that were presumed to be caused by exposure to the contaminated drinking water at Camp Lejeune. This list included:
Kidney cancer,
Liver cancer,
Bladder cancer,
Non-Hodgkin’s lymphoma,
Adult leukemia,
Multiple myeloma,
Parkinson’s disease,
Aplastic anemia and other myelodysplastic syndromes (MDS cancers).
Because pregnant women and children were at highest risk for exposure it is suspected that various childhood cancers, breast cancer, miscarriages and various birth defects all may be attributable to exposure to the toxic water supply and Camp Lejeune. The list of additional diseases and damages which may be attributable to exposure to the contaminated water supply at Camp Lejeune continues to be expanded through ongoing medical research and studies.
Who qualifies to make a claim for damages from exposure to the contaminated drinking water at Camp Lejeune? Any service member or family of a service member that was exposed to the contaminated water supply at Camp Lejeune for more than 30 days from August 1, 1953 through December31, 1987 and who suffered one or more of the injuries or diseases associated with exposure is eligible to make a claim. The diseases and conditions associated with exposure to the contaminated water supply at Camp Lejeune are: Kidney cancer, liver cancer, bladder cancer, Non-Hodgkin’s lymphoma, Adult leukemia, multiple myeloma, Parkinson’s disease, aplastic anemia and other myelodysplastic syndromes (MDS cancers). Because pregnant women and children were at highest risk for exposure it is suspected that various childhood cancers, breast cancer, miscarriages and various birth defects all may be attributable to exposure to the toxic water supply and Camp Lejeune. The list of additional diseases and damages which may be attributable to exposure to the contaminated water supply at Camp Lejeune continues to be expanded through ongoing medical research and studies..
What’s the process for making a claim for damages for exposure to the contaminated drinking water at Camp Lejeune? A formal claim procedure has not yet been established but the bill will require that a claim be submitted to the appropriate Federal agency for consideration before a lawsuit can be filed. Any lawsuit that is filed must be in the Federal jurisdiction approved by the Bill.
When should a claim for damages from exposure to the contaminated water supply at Camp Lejeune be started? The Bill as currently approved by the House allows 2 years from the date of enactment to bring a claim and an additional 180 days after the claim is denied to file a lawsuit for damages.
Do I need to hire an attorney to help me with my claim for damages for exposure to the contaminated water supply at Camp Lejeune? From a practical stand point the answer to this question is YES! Navigating the Federal Tort Claims Act, complying with the burden of proof regarding medical causation as defined in the Bill and following the statutory guidelines for presenting and prosecuting a claim will most likely require the assistance of an attorney. The good news for claimants is that most lawyers who present and prosecute these type of claims and cases do so on a contingency fee. This means you only pay legal fees if there is a monetary recovery on your behalf. If there is no monetary recovery then the client pays nothing for legal fees.
What if I need more information about the Camp Lejeune Justice Act and my claim? Please feel free to contact attorney Mark Wolfe at 251 410-7761 or by email at mark@brwlawyers.com Subject: Camp Lejeune for more information or to discuss your potential claim.
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