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CAMP LEJEUNE WATER CONTAMINATION LAWSUIT AND TOXIC WATER EXPOSURE

CAMP LEJEUNE WATER CONTAMINATION LAWSUIT AND TOXIC WATER EXPOSURE

If you were stationed at Camp Lejeune for thirty consecutive days between August 1953 through December 1987, the United States, through the United States Department of Veterans’ Affairs, recognizes you may have been exposed to drinking water contaminated with industrial solvents, benzene, and other chemicals. Camp Lejeune’s contaminated and toxic water had serious health consequences for individuals stationed at the base. Veterans and others who were at the base camp are now suffering severe consequences from the toxic water and seeking legal compensation, through Camp Lejeune water contamination lawsuits, for the damages they incurred.

Camp Lejeune Water Contamination Health Impacts

Drinking this contaminated water has been linked to a variety of serious personal health conditions, including:

  1. Adult leukemia;
  2. Aplastic anemia and myelodysplastic syndromes;
  3. Bladder cancer;
  4. Kidney cancer;
  5. Liver cancer;
  6. Multiple myeloma;
  7. Non-Hodgkin’s Lymphoma; and
  8. Parkinson’s disease.

There may also be other less-common diseases and health conditions linked to toxic exposure from the tainted water supply at Camp Lejeune during this same timeframe, including breast cancer, esophageal cancer, female infertility, heapatic steatosis, kidney cancer, leukemia, lung cancer, miscarriage, multiple myeloma, neurobehavioral effects, renal toxicity, and scleroderma.

The Department of Veterans’ Affairs has recognized that exposure to the contaminated water affects not only military men and women but also their family members, contractors, and civilian employees and personnel who were similarly stationed at the military base when the water was contaminated. Studies performed by the Agency for Toxic Substances and Disease Registry (“ATSDR”) have created models to ascertain the full reach of the contamination of the water based upon available data from Camp Lejeune.

 

New Camp Lejeune Justice Act Allows Veterans to File Lawsuits for Contaminated and Toxic Water

On August 10, 2022, the U.S. President, Joe Biden, signed into law the full Honoring Our PACT Act of 2022, making it possible for veterans and their family members affected by contaminated water at the Marine Corps Base Camp Lejeune in North Carolina to file a lawsuit against the US federal government. The Camp Lejeune Justice Act, which revolves around the water contamination at Camp Lejeune, is part of the comprehensive Pact Act, whose main objective is to improve access to health care and disability benefits for veterans exposed to toxic substances around the world.

For a long time, veterans affected by this contamination and their families were unable to file any Camp Lejeune water contamination lawsuit against the federal government due to the opaqueness of the existing legislation. But with this Camp Lejeune Justice Act, survivors of Camp Lejeune water contamination now have the critical support they’ve been waiting for to access proper health care and the long-awaited disability benefits. The Act prevents the federal government from asserting any claim to immunity when facing health care or disability lawsuits involving victims of Camp Lejeune water contamination.  Victims now have the legal right to file a contamination lawsuit and receive a settlement for their injuries.

How the Camp Lejeune Justice Legislation Came About to Help People Impacted by the Contaminated and Toxic Water

Camp Lejeune Justice Act of 2022 was introduced by North Carolina Senator, Thom Tillis, in November 2021 as part of the efforts by different organizations to deliver justice for the veterans affected by the water contamination at Camp Lejeune. The legislation was drafted by a team of legislators, victims, and attorneys Jerry Ensminger and Mike Partain, who were brought together by Ed Bell – the founder of Bell Legal Group – for the sole purpose of providing Camp Lejeune victims with a fair legislative solution and the ability to file a contamination lawsuit.

Also on the team were the former Federal Judge and Congressman, John Napier, and retired U.S. Magistrate Judge George Kosko. Once the team was done formulating the Camp Lejeune legislation, it handed it over to Tillis, who brought it to the Senate for approval. The main aim of the Act is to correct the unjust legal barriers that Marines stationed at Camp Lejeune and their families have been facing when filing claims against the federal government for the injuries suffered due to the exposure to contaminated water at the camp.

Victims of Camp Lejeune Water Contamination Can Now File a Lawsuit

The Camp Lejeune Justice Act enables the victims of Camp Lejeune water contamination to bring lawsuits before the district court of the Eastern District of North Carolina for damages caused by the exposure to CLCW. The act is part of the Honoring Our Promise to Address Comprehensive Toxics (PACT) Act, which is expected to address health care, the presumption of service connection, research, resources, and other issues affecting veterans who have been exposed to toxic substances during their military service. The Act is helping victims and veterans access benefits that they deserve.

The U.S. President signed the bill into law after the House of Representatives and the Senate approved it. In the House, the bill was passed by 256 Reps, while 84 senators approved it in the Senate. This legislation offers more than just compensation for Camp Lejeune victims. It provides various benefits that weren’t available for veterans in the past. For instance, it provided veterans with eligibility for VA’s medical care, including mental treatment and counseling services.

HISTORY OF CAMP LEJEUNE CONTAMINATED WATER

Camp Lejeune was created in 1941 as a military base shortly before the United States entered World War II. The base was named after Lt. General John Archer Lejeune, who served in the marines for over 40 years. Camp Lejeune was founded as a training station for Marine Expeditionary Forces, and during its prolific life, which continues to this day, has housed millions of people from military members and personnel to their family members and civilians working on base.

 

CAMP LEJEUNE WATER CONTAMINATION LAWSUIT AND TOXIC WATER EXPOSURE

Background on the Camp Lejeune Water Contamination Lawsuit 

If you were stationed at Camp Lejeune for thirty consecutive days between August 1953 through December 1987, the United States, through the United States Department of Veterans’ Affairs, recognizes you may have been exposed to drinking water contaminated with industrial solvents, benzene, and other chemicals. Camp Lejeune’s contaminated and toxic water had serious health consequences for individuals stationed at the base. Veterans and others who were at the base camp are now suffering severe consequences from the toxic water and seeking legal compensation, through Camp Lejeune water contamination lawsuits, for the damages they incurred.

History of Camp Lejeune Water Contamination

Camp Lejeune was created in 1941 as a military base shortly before the United States entered World War II. The base was named after Lt. General John Archer Lejeune, who served in the marines for over 40 years. Camp Lejeune was founded as a training station for Marine Expeditionary Forces, and during its prolific life, which continues to this day, has housed millions of people from military members and personnel to their family members and civilians working on base.

How Camp Lejeune Water Became Contaminated

From 1953 through 1982, 8 plants treated the water serving the Camp Lejeune military base population. In 1982, the Marine Corps discovered water contamination in 2 of these water treatment plants. Specifically, the Marine Corps determined that water from the Tarawa Terrace water treatment plant was contaminated by Perchloroethylene or tetrachloroethylene (“PCE”) resulting from waste disposal practices at ABC One-hour Cleaners, a nearby off-base dry-cleaning establishment. The Marine Corps further found this contamination affected the Tarawa Terrace plant for 346 months from November 1957 through February 1987.

Meanwhile, water from the Hadnot Point water treatment plant was contaminated by Trichloroethylene (“TCE”), PCE, TCE degradation products, benzene, and vinyl chloride. This water contamination was from a variety of sources including leaking underground storage tanks, industrial area spills, and waste disposal sites. The Marine Corps found at least one of these chemicals in the water exceeded EPA allowable amounts from 1953 until 1985.

By 1997, the Agency for Toxic Substances and Disease Registry (ATSDR) was called to investigate the water and found that cancerous effects from the contaminated water were unlikely; however, they failed to examine what has been labeled the primary culprit of the cancers: benzene.

Finally, in 2009, the ATSDR admitted that there was indeed benzene contamination and withdrew their 1997 water safety report. The water contamination report stated that over 800,000 gallons of fuel had leaked into the soil from fuel storage tanks. In a terrible coincidence, these fuel tanks were very close to the well from which the military officer and enlisted personnel quarters, as well as the military base hospital, obtained its drinking water. The water contamination has caused serious personal impacts on victims who resided at the military base during the time of the Camp Lejeune contamination.

Volatile Organic Compounds Found in the Camp Lejeune Water

There were a variety of chemicals found in the water contamination at the Camp Lejeune military base. The chemicals found in the Camp Lejeune water are known as Volatile Organic Compounds (“VOCs”). These compounds are often human-made chemicals used in industrial processes and can be components of fuels, paint thinners, pesticides, pharmaceuticals, building materials, and dry-cleaning agents that can cause serious injuries and medical conditions. These chemicals caused serious health impacts and Camp Lejeune’s water contamination.

  1. Trichloroethylene (TCE): This is human-made VOC used primarily in refrigerants and as a degreasing agent. Commercial dry-cleaners also use TCE as a spot cleaner. Prolonged exposure to TCE is confirmed to cause or increase the likelihood of certain kinds of cancer.
  2. Perchloroethylene/Tetrachloroethylene (PCE): This is a human-made substance also used in dry-cleaning and metal degreasing. PCE is a likely human carcinogen through direct routes of exposure, such as drinking water.
  3. Benzene: This is a naturally occurring and man-made chemical and a known human carcinogen. The substance is one of the most used in the United States, in the process of making other chemicals, and in the production of lubricants, rubbers, dyes, detergents, drugs, and pesticides.
  4. Vinyl Chloride: This man-made chemical is used in the manufacture of PVC and plastic coatings. It is associated with an increased risk of liver cancer, brain and lung cancers, lymphoma, and leukemia.

Risks Associated with the Chemicals Found in Camp Lejeune Water

According to the United States Department of Veterans’ Affairs, there is sufficient evidence for causation linking the following health and medical outcomes to occupational or environmental exposure to contaminated water at Camp Lejeune:

TCE Camp Lejeune Water Contamination at Camp Lejeune

  • Kidney Cancer
  • Non-Hodgkin Lymphoma
  • Cardiac Defects

PCE Camp Lejeune Water Contamination at Camp Lejeune

  • Bladder Cancer

Benzene Camp Lejeune Water Contamination at Camp Lejeune

  • Leukemia
  • Non-Hodgkin Lymphoma

Vinyl Chloride Camp Lejeune Water Contamination at Camp Lejeune

  • Liver Cancer

Health Impacts of the Contaminated Water at Camp Lejeune

Drinking this contaminated water has been linked to a variety of serious personal health conditions in countless victims, including:

  • Adult leukemia;
  • Aplastic anemia and myelodysplastic syndromes;
  • Bladder cancer;
  • Kidney cancer;
  • Liver cancer;
  • Multiple myeloma;
  • Non-Hodgkin’s Lymphoma; and
  • Parkinson’s disease.

There may also be other less-common diseases and health conditions linked to toxic exposure from the tainted water supply at Camp Lejeune during this same timeframe, including breast cancer, esophageal cancer, female infertility, hepatic steatosis, kidney cancer, leukemia, lung cancer, miscarriage, multiple myeloma, neurobehavioral effects, renal toxicity, and scleroderma.

This list of health conditions from the Camp Lejeune water contamination is non-exhaustive. Other medical health conditions may also have a causal connection with environmental or occupational exposure to water contamination at Camp Lejeune. In fact, an extensive list of potential adverse health effects exists thought to arise from exposure to these particular compounds that were found in the water at the Camp Lejeune base.

Due to the nature of these toxic chemicals in the body, civilians and service members stationed at the base may not have realized they were in potential danger when they were drinking the water. The long term health effects of these chemicals in the water, similar to those experienced by cigarette smokers, can take decades to appear as illness in the body – often when it is far too late to reverse the medical effects and damage. US law also prevented victims from filing a water contamination lawsuit to receive compensation for their personal health problems that resulted from the contaminated water. 

The Department of Veterans’ Affairs has recognized that exposure to the contaminated water affects not only military men and women but also their family members, contractors, and civilian employees and personnel who were similarly stationed at the military base when the water was contaminated. Studies performed by the Agency for Toxic Substances and Disease Registry (“ATSDR”) have created models to ascertain the full reach of the contamination of the water based upon available data from Camp Lejeune.

Understanding Camp Lejeune Legislation and Lawsuits

For years, the United States government has known and acknowledged that as many as one million service members, their families, contractors, and civilians and personnel on base at Camp Lejeune may have been victims of these toxic compounds that were found in the drinking water. Yet complete relief and compensation benefits have evaded those affected by exposure due to the laws regarding victims’ abilities to a Camp Lejeune water lawsuit.

Why Victims Couldn’t File Lawsuits

The reason so many veterans and victims were denied help and prevented from filing a lawsuit is because of the Feres Doctrine. This legal decision was laid out in 1950 in the Supreme Court case Feres versus United States. It stated that United States Military members and veterans could not file a lawsuit against the government for injuries sustained while on active military duty. Veterans were instead required to file a lawsuit for compensation and benefits with the VA Administration.

However, many of the doctors and health care providers who worked at the VA simply had very little experience dealing with these complicated cases of chemical exposure and lacked knowledge regarding their health effects. In some cases, doctors may have received just four hours of training regarding the effects of exposure to the contaminants and had no experience with water contamination cases.

Additionally, many service members and victims have also been denied claims and benefits after filing Camp Lejeune lawsuits, because according to the State of North Carolina, you cannot file lawsuits for injuries or accidents that happened more than 10 years in the past. In reality, exposure to these chemicals resulted in bodily damage and cancers that took decades to develop, and by the time the service members and civilian contractors realized they were sick, it was far beyond the 10 year period to file lawsuits for contamination at Camp Lejeune – leaving thousands of families in legal limbo, unable to file a legal lawsuit and receive proper benefits. 

The Honoring America’s Veterans and Caring for Camp Lejuene Act

In 2012, Congress passed the Honoring America’s Veterans and Caring for Camp Lejeune Act and the Janey Ensminger Act. These acts authorized free healthcare at VA hospitals for service members, along with their families and children, who may have been affected not only by direct exposure, but also for children who were in the womb at the time of exposure to the Camp Lejeune toxic chemicals and contaminated water. However, these two congressional acts did not provide compensation to the victims or grant military veterans the ability to file lawsuits against the Camp Lejeune water contamination.

The Camp Lejeune Justice Act 

On August 10, 2022, the U.S. President, Joe Biden, signed into law the full Honoring Our PACT Act of 2022, making it possible for veterans and their family members affected by contaminated water at the Marine Corps Base Camp Lejeune in North Carolina to file a lawsuit against the US federal government. The Camp Lejeune Justice Act, which revolves around the water contamination at Camp Lejeune, is part of the comprehensive Pact Act, whose main objective is to improve access to health care and disability benefits for veterans exposed to toxic substances around the world.

With this Camp Lejeune Justice Act, survivors of Camp Lejeune water contamination now have the critical support they’ve been waiting for to access proper health care and the long-awaited disability benefits. The Act prevents the federal government from asserting any claim to immunity when facing health care or disability lawsuits involving victims of Camp Lejeune water contamination. Victims now have the legal right to file a contamination lawsuit and receive a settlement for their injuries.

How the Camp Lejeune Justice Act Came About

Camp Lejeune Justice Act of 2022 was introduced by North Carolina Senator, Thom Tillis, in November 2021 as part of the efforts by different organizations to deliver justice for the veterans affected by the water contamination at Camp Lejeune. The legislation was drafted by a team of legislators, victims, and attorneys Jerry Ensminger and Mike Partain, who were brought together by Ed Bell – the founder of Bell Legal Group – for the sole purpose of providing Camp Lejeune victims with a fair legislative solution and the ability to file a contamination lawsuit.

Also on the team were the former Federal Judge and Congressman, John Napier, and retired U.S. Magistrate Judge George Kosko. Once the team was done formulating the Camp Lejeune legislation, it handed it over to Tillis, who brought it to the Senate for approval. The main aim of the Act is to correct the unjust legal barriers that Marines stationed at Camp Lejeune and their families have been facing when filing claims against the federal government for the injuries suffered due to the exposure to contaminated water at the camp.

In March 2022, the Camp Lejeune Justice Act passed the House with bipartisan support. The Camp Lejeune Justice Act is intended to widely expand the 2012 Honoring America’s Veterans and Caring for Camp Lejeune Families Act. The previous legislation authorized coverage for the out-of-pocket health care costs incurred by Veterans with documented exposure and corresponding healthcare conditions from the contaminated water at base Camp Lejeune. This Lejeune Justice Act fell short of fully compensating Camp Lejeune Veterans, civilians, contracts, family members, and other victims for their injuries and losses.

President Joe Biden signed the bill into law after the House of Representatives and the Senate approved it. In the House, the bill was passed by 256 Reps, while 84 senators approved it in the Senate. This legislation offers more than just compensation for Camp Lejeune victims. It provides various benefits that weren’t available for veterans in the past. For instance, it provided veterans with eligibility for VA’s medical care, including mental treatment and counseling services.

Benefits of the Camp Lejeune Justice Act

The Camp Lejeune Justice Act enables the victims of Camp Lejeune water contamination to bring lawsuits before the district court of the Eastern District of North Carolina for damages caused by the exposure to CLCW. The act is part of the Honoring Our Promise to Address Comprehensive Toxics (PACT) Act, which is expected to address health care, the presumption of service connection, research, resources, and other issues affecting veterans who have been exposed to toxic substances during their military service. The Act is helping victims and veterans access benefits that they deserve.

The 2022 Camp Lejeune Justice Act is intended to cover all types of compensatory damages, including permanent injury, emotional losses, loss of consortium, disability, and wrongful death. The co-sponsor of the bill, Rep. Matt Cartwright (D-Pa.) called this a “national issue,” and stated: “Anybody who served in the United States Marine Corps and went for combat training probably went to Camp Lejeune North Carolina[.]” Rep. Greg Murphy (R-NC), another co-sponsor of the bill echoed Cartwright’s sentiments, saying: “This much-needed legislation eliminates red tape and gives our veterans, their dependents, contractors, and civil servants, who were exposed to toxic chemicals in drinking water at Camp Lejeune their day in court…[w]e owe it to these Marine families, civil servants, and contractors to seek justice and ensure they receive the benefits and healthcare they deserve.”

One of the most important provisions of the new gov legislation would be the removal of significant limitation periods that operated to prevent certain lawsuits. For more information on what benefits you may be eligible to receive because of exposure to toxic chemicals at Camp Lejeune, contact our law firm today to speak with qualified Camp Lejeune attorneys.

How to File a Camp Lejeune Water Lawsuit

If you are a marine veteran or a relative of a marine who was based at Camp Lejeune in North Carolina during the stipulated period of water contamination, you’re entitled to compensation for your injury. In August 2022, President Joe Biden signed the Honoring Our Pact Act into law, allowing the victims of Camp Lejeune to file lawsuits to receive a compensation settlement for the damages caused by the Camp Lejeune water contamination.

But not everyone who was based at the affected camp is entitled to compensation and a legal settlement The Act identifies the victims who are entitled to compensation. For instance, you must prove that you were based at the camp for at least thirty days between August 1st, 1953, and December 31st, 1987. You are expected to attach documents of presumptive illnesses you developed after exposure to the contaminated water to your Camp Lejeune water contamination lawsuit.

Once you’ve gathered all the necessary documents for your case, you can file the VA claim for compensation. You can file your injury claim online at VA.gov, seek help from a Veterans Service Officer (VSO), or visit a VA Regional Office for help to receive your settlement. If the VA rejects your claim, it’s time to hire an experienced personal injury lawyer in North Carolina to help you file a lawsuit in the Federal court in the Eastern District of North Carolina. You deserve compensation for the injuries you’ve suffered from the toxic water, so get help today with your administrative claims and Camp Lejeune water contamination lawsuit.

A lawyer can help you understand your legal rights, compile evidence for your injury from the toxic water, and represent your case in court. If you have questions or concerns about your Camp Lejeune lawsuit, we would be happy to help with your legal case.

FAQs About Camp Lejeune Lawsuits and Water Contamination

Who Is Eligible For the Camp Lejeune Lawsuit?

All veterans, service members, and their loved ones who resided at Camp Lejeune between August 1st, 1953, and December 31st, 1987 are eligible to file a Camp Lejeune lawsuit. You must have stayed at Camp Lejeune for at least one month to qualify for a settlement.

Your disability or health condition must be related to the water contamination at the camp. If you were dismissed dishonorably from duty, you might not qualify for these settlement benefits.

How Much Can I Expect To Receive For My Lawsuit?

If you successfully file a Camp Lejeune water contamination lawsuit, you might receive a handsome settlement of up to $1 million depending on several factors, including the severity of your presumptive condition and the harm caused to you.

Victims who suffered tragic conditions like cancer, kidney cancer, Parkinson’s disease, or adult leukemia are entitled to a larger settlement amount than those who suffered less severe conditions at Camp Lejeune. Some cash payouts may be as low as $25,000.

What Type of Lawsuit Should I File?

If you are a victim of water contamination at Camp Lejeune, you’re eligible to file a Camp Lejeune water contamination lawsuit. This lawsuit can cover both financial and non-financial damages.

You should file your lawsuit and pursue compensation from the Veterans Affairs (VA). This lawsuit must be filed in the US District Court for the Eastern District of North Carolina. If you live outside the Eastern District, you should file your lawsuit in the Southern Division of the court.

Before you file a Camp Lejeune water contamination lawsuit, you must file a claim with the Officer of the Judge Advocate General of the Navy’s Tort Claims Unit. If your Camp Lejeune claim is accepted, your case ends at that stage.

Do I Need an Attorney To File a Camp Lejeune Lawsuit?

Since the passing of the Camp Lejeune Justice Act of 2022, victims of Camp Lejeune water contamination often need to hire attorneys to help them file successful lawsuits. You will, most likely, need an experienced personal injury attorney to guide you through the legal filing process and handle your paperwork.

What Documentation Do I Need To File a Lawsuit?

To file a Camp Lejeune water contamination lawsuit, you need several important documents, including your military records that prove you served at the camp within the specified period and medical documents to prove you suffered any of the listed presumptive conditions.

If you resided at the camp as a relative of a veteran or service member during the contamination period, you must provide documents showing your proof of residency, your relationship with the service member, and the medical conditions you suffered due to contamination.

Documents that prove your relationship with the service member include birth certificates, adoption papers, and marriage certificates.

How Quickly Will My Lawsuit Be Processed?

On average, Camp Lejeune water contamination lawsuits take one to two years to settle, which is why you should file your lawsuit as soon as possible. You can speed up the process by hiring a qualified and experienced personal injury attorney from Strom Law.

Am I Still at Risk for Toxic Water Contamination?

Your tap water can get contaminated with harmful chemicals or germs, putting you and everyone else in your home at risk of sickness or even death. The severity of the risk posed by the contaminated water depends on the type of contaminants present and the level of contamination in your home water.

You can easily be exposed to the contaminated water through ingestion or external use of water in your home like bathing, laundry, etc. In the United States, one of the worst and deadliest cases of water contamination happened at the Marine Corps Camp Lejeune, North Carolina in the early 1950s. The camp is a 246-square-mile military training base in Jacksonville, North Carolina.

Between 8,964 and 9,365 marines and their family members who lived at the camp during the contaminated time frame lost their lives, while thousands of others developed lifelong health complications from the water supply. According to the Centers for Disease Control (CDC), this water contamination occurred over a prolonged period between the early 1950s and the late 1980s and hurt countless victims.

CDC reports that the water from the nearby Tarawa Terrace water treatment plant, which was the camp’s main source of water, was mainly contaminated by perchloroethylene (PCE). This is a dangerous chemical found in home cleaning products. CDC believes that the chemical came from ABC One-Hour Cleaners–a dry-cleaning company located outside Camp Lejeune.

Extensive tests of the contaminated water done by the Agency for Toxic Substances and Disease Registry (ATSDR) discovered more contaminants like tetrachloroethylene (TCE), vinyl chloride, and other impurities that possibly exacerbated the risk of developing serious medical complications like kidney disease, multiple myeloma, leukemia, stillbirths, etc. Contaminated Camp Lejeune water potentially caused other side effects that we aren’t even aware of. Victims of the water contamination haven’t been able to receive compensation for their damages due to legal barriers.

Most of the victims of Camp Lejeune water contamination were exposed to the contaminants through direct ingestion (like drinking the water) or indirect ingestion (like consuming foods and drinks prepared with the water that is contaminated). Others exposed themselves through incidental water ingestion, e.g., swallowing contaminated water when swimming or taking a shower. Inhaling vapor from the contaminated water when showering also led to exposure.

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