The August 2022 passage of the Camp Lejeune Justice Act of 2022 (“Camp Lejeune Act”) as part of the larger federal toxin relief legislation found in the Honoring the PACT Act enables those who have been harmed by toxic water contamination at the Marine Corps Base Camp Lejeune in North Carolina to seek legal relief for the injuries they have suffered.
Federal civil injury lawsuits may now be filed seeking personal injury damages from the United States Government by these toxic water victims.
The suits must be filed in the United States District Court for the Eastern District of North Carolina. The plaintiffs must be able to show they meet the definition of claimant under the Camp Lejeune Act, which involves proving the victim’s (1) exposure to the contaminated water at Camp Lejeune between August 1, 1953 and December 31, 1987; (2) for at least thirty (30) days; and (3) bodily harm sustained as a result of exposure to the contaminated water.
Harm Resulting From Chemicals in the Camp Lejeune Water
These will be standard injury claims where the claims must be supported with admissible, authenticated evidence to establish by a preponderance standard that the toxic water was the proximate cause of the victim’s harm.
To do this, the victims will need to confirm the connection between the contaminated water and the injuries they have sustained as a result. As for the chemicals in the water, it is well-recognized at this juncture that certain specific chemicals were in the Camp Lejeune water for decades. For more, read the 2017 study undertaken by the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“ATSDR”) entitled, “ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp Lejeune and Specific Cancers and Other Diseases” (“CDC-ATSDR Report”).
The ATSDR identifies five (5) dangerous-to-human contaminants found at the water treatment plants serving Camp Lejeune during the August 1953 – December 1987 time period. They are:
- Benzene;
- Tetrachloroethylene (also known as perchloroethylene or “PCE”);
- Trans-1,2-dichloroethylene (“DCE”);
- Trichloroethylene (“TCE”); and
- Vinyl chloride.
From the ATSDR: “TCE, vinyl chloride, and benzene are classified as human carcinogens, while PCE is classified as a “likely” or “probable” human carcinogen (1-6). The carcinogenicity of DCE cannot be classified because of a lack of studies….” Also read: Reported health effects linked with trichloroethylene (TCE), tetrachloroethylene (PCE), benzene, and vinyl chloride (VC) exposure.
What Diseases Were Caused by Exposure to Camp Lejeune Toxic Water?
From the 2017 ATSDR research, a list of specific diseases, many of which are known to be fatal, were identified as resulting from exposure to the contaminants found in the Camp Lejeune water. CDC-ATSDR Report pages 12-13.
It is important to recognize that the 2017 CDC-ATSDR Report not only acknowledges that its findings are not an exhaustive list, but that other research would be needed to determine the full scope of the harm resulting from the extensive and longstanding water contamination at the military base.
Cancer from Camp Lejeune Water
Many of the ATSDR recognized harms involve a cancer diagnosis. They are:
- Adult Leukemias
- Bladder cancer
- Brain (Central Nervous System) cancer
- Breast cancer
- Esophageal cancer
- Kidney cancer
- Liver cancer
- Multiple myeloma
- Non-Hodgkin Lymphoma (NHL)
- Pancreatic cancer
- Prostate cancer
- Rectal cancer.
Other Serious Diseases and Bodily Injuries from Camp Lejeune Water
The CDC-ATSDR Report also identifies several other serious bodily harms that are caused by the contaminants found in the Camp Lejeune water. They include:
- Cardiac birth defects (major)
- Kidney disease
- Parkinson’s disease
- Scleroderma/Systemic Sclerosis.
2017 Final Rule by Department of Veteran’s Affairs: Camp Lejeune Presumptive Diseases
Effective March 14, 2017, the Department of Veteran’s Affairs (“VA”) issued its final rule in the Federal Register regarding the water contamination consequences for the victims. While the four chemicals addressed in the CDC-ATSDR Report were considered, other known chemicals in the Camp Lejeune water were excluded from this Rule. These included lead and other toxins.
The VA issued a list of eight (8) diseases it would consider as presumptive service-connected harm for purposes of disability claims.
Why is this important? Identifying an individual’s physical harm as a “presumptive service condition” under VA procedures allows the disability claim to be processed without the claimant having to provide the causation proof that their illness was caused by the toxic water at Camp Lejeune.
These eight presumptive harms are:
- Adult leukemia
- Aplastic anemia and other myelodysplastic syndromes
- Bladder cancer
- Kidney cancer
- Liver cancer
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Parkinson’s disease.
Of note, the following harms were not included in the VA’s 2017 Presumptive Diseases list, although research does recognize a correlation between the known contaminants and these injuries:
- Breast cancer
- Esophageal cancer
- Female infertility
- Hepatic steatosis
- Lung cancer
- Miscarriage
- Neurobehaviorial effects
- Renal toxicity
- Scleroderma.
The VA did recognize the following as a full list of bodily harm resulting from Camp Lejeune Water Contamination that would be able to have health care benefits paid to the victims:
- Bladder cancer
- Breast cancer
- Esophageal cancer
- Female infertility
- Hepatic steatosis
- Kidney cancer
- Leukemia
- Lung cancer
- Miscarriage
- Multiple myeloma
- Myelodysplastic syndromes
- Neurobehavioral effects
- Non-Hodgkin’s lymphoma
- Renal toxicity
- Scleroderma.
Proving Bodily Injury Caused by Camp Lejeune Toxic Water
These lists are important because they help people look back in time and determine if they or a loved one who was present during the pertinent time period at Camp Lejeune may have developed a serious or fatal illness as a result. Did someone get bladder cancer or Parkinson’s Disease in the family? Were they stationed at Camp Lejeune during the years that the water was contaminated?
However, these lists are not set in stone. The various lists of Camp Lejeune diseases and medical issues are helpful but they may not include a legitimate bodily injury caused by the water contamination at Camp Lejeune.
Perhaps the most important list of Camp Lejeune injuries involves the VA’s Presumptive Diseases list. This is because it helps the victim substantiate their right to civil damages in the new lawsuit that they file in the federal district court. Why? Attorneys representing the government will have a difficult time trying to challenge the causation connection for these eight injuries since the VA has admitted their connection to the water’s toxins.
Proving Harm Under the Camp Lejeune Justice Act of 2022
For those who were a victim of toxic water at Camp Lejeune during the years 1953 to 1987, their harm may not have been evident immediately. Cancer diagnoses may have been given months or years after their ingestion or exposure to the dangerous chemicals in the Camp’s water.
However, anyone who suffered physical illness or disease after spending at least thirty (30) days at Camp Lejeune during the years 1953 – 1987 deserves to have their situation investigated to see whether or not medical experts can confirm that their harm was due to these known water contaminants.
Some of the claims filed under the new Camp Lejeune Act will be easier to prove and resolve than others. While the government is forbidden to assert an immunity defense, it is expected that defense counsel will aggressively challenge every aspect of the plaintiff’s case connecting bodily harm to the water itself.
For more on Camp Lejeune Toxic Water Claims, read our earlier series articles:
- Toxins in the Water: Causation in the Camp Lejeune Water Contamination Claims
- Camp Lejeune Water Contamination Victims: Filing Federal Civil Injury Claims for Toxic Tap Water Harm.
The fact that our military service personnel and their loved ones were harmed by toxic water contamination on an established military base for literally decades is a travesty. Please be careful out there!
