Camp Lejeune Water Claims: When “Just Living There” Becomes the Story
Time goes by, and then somebody gets sick. You start looking back on your life, and you begin to connect all the dots you previously hadn’t had the words for: diagnoses that manifest in clusters, the medical problems that were more than just ‘bad luck’, an overwhelming feeling that things hadn’t been as they seemed.
The basic facts, in plain language
Since the 1950s, the water supply at Camp Lejeune was contaminated with chemicals including dry cleaning solvents. The Agency for Toxic Substances and Disease Registry (ATSDR), a US federal public health agency, has identified the following contaminants as being present in some drinking water sources: trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride and benzene.
Exposure to contaminated water at Camp Lejeune between August 1953 and December 1987 may lead to legal action under the Camp Lejeune Justice Act for those who consumed the contaminated water for 30 days or more.
In most states the period for the required exposure is 30 days but the days don’t have to be consecutive. This was also the year in which courts started to accept the right of the family to be heard. The key issue was the fact that it was finally recognised that families needed an opportunity to be heard.
The filing deadline for this program has now passed and it is no longer possible to submit an application.
The closing date for the CLJA’s filing was strict. The deadline to file a Navy Contract Dispute Claim is August 10th 2024; according to the Department of the Navy, the official deadline has now passed.
So what does that mean for someone reading this today?
If the deadline for filing a claim has already passed, there are still possibilities available to you. These might include accepting a settlement or in certain cases, proceeding with a court case.
If you missed the deadline, you can no longer start a claim through the Navy’s administrative process.
If you’re unsure whether a claim was filed in your name (some individuals had paperwork submitted on their behalf or were part of an intake group), then you should confirm this with the representative or firm that assisted you, and keep a record of the filing.
All actions are initiated with an administrative claim filed with the appropriate department of the United States (e.g. Army, Navy, Air Force, etc.). Following the denial of an administrative claim by the Navy, the claimant is entitled to appeal to a federal court within six months.
Cases in violation of North Carolina’s Conversion of Titles law have to be taken to the U.S. District Court for the Eastern District of North Carolina which describes this as its sole jurisdiction and venue for CLJA cases. District court of Eastern District of North Carolina
What is the “Elective Option” and why are people choosing it?
The Elective Option is a voluntary settlement process which allows for the resolution of certain claims more quickly and with greater consistency. This framework is based largely on:
The injury or diagnosis fell into the category of minor and major.
Your stay on the military base was how long?
The English model utilises a grid with 3 duration-exposure bands and two tiers of the type of injury sustained. Below is the grid of base offer amounts as they appeared in the solicitation package issued by the USDA:
* Tier 1 (stronger causation evidence in EO framework):
Misdemeanor: $100,000; felony: $150,000
Within one to five years the cost is 300,000 dollars.
Over $450,000 if the marriage lasted more than five years.
* Tier 2:
$100,000 is the fine for driving after being drunk for 30 days through to 364 days.
Within the first five years $250,000 is to be raised.
Over $400,000 if you are married more than 5 years
In cases where a claimant has died as a result of their injury, the Early Out package adds a further $100,000 to the settlement. The total maximum payment is $550,000.
In the programme’s documentation, qualifying diseases for each tier are given, including kidney cancer, liver cancer, non-Hodgkin lymphoma, leukaemia, and bladder cancer in Tier 1 and conditions in Tier 2 which are systemic sclerosis/scleroderma, kidney disease/end-stage renal disease, multiple myeloma, and Parkinson’s disease.
Those are the types of injuries specifically listed within the Employees’ Compensation Act as being covered by the EO.
What “counts” for a Camp Lejeune claim?
Many people believe that they need a wealth of knowledge and information, such as a vast library of literature or a considerable collection of music, before they can query experts on a topic. You don’t.
The majority of Camp Lejeune lawsuits, which are typically class action suits, concentrate on three main areas of consideration:
Did you, or a family member, reside, work or otherwise come into contact with the water at Camp Lejeune during the relevant time period?
Are there any medical records or past diagnoses that are related to the matter at issue in the case?
Are the project timelines realistic so that the schedule can be accepted as credible in a government audit or in a court of law?
Many people have been unaware they were eligible for this as the partner of a veteran rather than a veteran themselves. The statute explicitly includes spouses, children and also those in the womb as beneficiaries.
What to do now if your claim was filed
If you filed, the most helpful next steps are simple and practical:
Documents such as orders, records of quarters assignments, school records, work records and any medical records showing you received treatment at these facilities will be needed to establish your presence.
Compile medical records including any hospital summaries, the documentation from the neurologist, the relevant pathology reports and also oncology treatment notes.
To monitor your claim and communicate with the Navy use the CLJA Portal.
The choice to adopt Early Out is not a hasty one. It can be made quickly, but it is a legitimate choice. You should have a clear understanding of what accepting something entails in your particular circumstances.
While pursuing a claim under the Civil Liability for Non-Compliance with EU Merger Notification Rules (CLJA), it is worth noting that the Department of Justice will enforce a fee cap. This fee cap will limit fees to 25 % if a lawsuit is taken out and 20 % at the administrative phase.
A calm next step
You didn’t have to serve at Camp Lejeune to experience health complications resulting from exposure to water contamination; if you are experiencing such effects then know you’re not alone. If you have already filed by the 10th of August 2024, a case review can be conducted free of charge and in confidence so you understand the current status of your claim. It can also inform you whether the Elective Option programme will apply to your case. Additionally, you will be told what documentation is needed to support your case and which timelines you need to be aware of. With an honest narrative and a clear understanding of the evaluation process, you can convey your story effectively.
Various compounds were discovered at the military base. ATSDR says these included benzene, vinyl chloride, tetrachloroethylene, trichloroethylene, carbon tetrachloride, perchloroethylene, dichlorodifluoromethane, chloroform and chlorobenzene.
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The United States Navy has a legal deadline which must be met by individuals who have a potential claim against the government. These individuals are supposed to submit their claim by 31st October 2023.
