Questions and Answers: Details in the Camp Lejeune Water Contamination Lawsuits
Incorporated into the historic Honoring our PACT Act last month was the passage of the Camp Lejeune Justice Act of 2022. This new federal law has opened doors to justice for so many victims who have suffered for years, some not surviving their injuries, after exposure to contaminated water at the United States Military Base Camp Lejeune in North Carolina.
In our continuing series on the Camp Lejeune Act and how it is able to help military veterans, their families, and others who lived or worked at the base, we provide the following answers to questions that have not been previously addressed in our discussions.
1. Can you and your family be tested to see if the contaminants are in your body?
Testing will not give you answers regarding the chemicals themselves. As the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“CDC-ATSDR”) explains:
Volatile organic compounds leave the body within a week after the last exposure, which at Camp Lejeune was many years ago. Therefore, testing will not determine whether you were exposed to these chemicals at Camp Lejeune.
There are no specific medical tests that are recommended for these exposures. Instead, we recommend that you monitor your health by having regular medical check ups. We encourage you to discuss this information with your physician, who can advise you on your personal health questions.
2. Is it inevitable that anyone who was at Camp Lejeune for at least thirty (30) days during the time period August 1953 – December 1987 will be seriously ill or die from harm caused by the contaminated water?
No. As the CDC-ATSDR clarifies:
Many persons exposed to these contaminants do not suffer any health problems, but others do. Whether someone will or will not develop health problems depends on several factors, including the chemicals to which you were exposed, the dates you were exposed (the levels varied over time in the drinking water system), when you were exposed (e.g., as a fetus, a child, or an adult), how much exposure you received (if you were exposed as a fetus, this would depend on your mother’s exposure), how long you were exposed, your genes, any other exposures to environmental or occupational hazards you have received during your lifetime, your lifestyle-for example, your diet, your tobacco or alcohol use, and your physical activity, illnesses you may have had from other causes, and medications you have taken during your lifetime.
ATSDR’s website http://www.atsdr.cdc.gov/sites/lejeune/tce_pce.html has more information on the health outcomes linked with TCE, PCE, vinyl chloride and benzene exposure, both in workers and those who drank contaminated water.
3. What about pregnant women who were exposed in some way to the Camp Lejeune contaminated water during the pertinent time period?
Not only will these women have potential claims for bodily injuries they suffered as a result of the toxic water, but their unborn children (miscarriages) as well as babies born during or after their time at Camp Lejeune may be able to file for personal injury claims under the Camp Lejeune Act.
The Camp Lejeune Act specifies that individuals suffering “in utero exposure” are among those who can be claimants under the Act in its definition of claimants:
In general.—An individual, including a veteran (as defined in section 101 of title 38, United States Code), or the legal representative of such an individual, who resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune.
4. Where are these cases going to be filed and where will the trials be held?
Under the Camp Lejeune Act, all these toxic water injury claims must be filed in one federal district court, with its courthouses located in various divisions across the state of North Carolina.
The Camp Lejeune Act provides for both jurisdiction and venue:
(c) Exclusive jurisdiction and venue.—The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any action filed under subsection (a), and shall be the exclusive venue for such an action. Nothing in this subsection shall impair the right of any party to a trial by jury.
The United States District Court for the Eastern District of North Carolina has prepared for the arrival of these lawsuits with instructions that can be found online, including:
Cases arising under this section should be filed in the correct division as provided in Local Civil Rule 40.1. If a plaintiff does not reside within the Eastern District of North Carolina, the case should be filed in the Southern Division. The Cause of Action should be 804 (Camp Lejeune Justice Act of 2022) and the Nature of Suit should be 360 (P.I. : Other).
5. Will North Carolina state law apply in these lawsuits?
Yes. Procedurally, these lawsuits can be filed because of the passage of the Camp Lejeune Act and they will proceed under its federal provisions. They will be filed in federal court and the federal procedural rules will apply to each case.
Substantively, these cases will need to prove injury claims under the state tort law of North Carolina, since this is the state where the causes of action accrued, i.e., where the harm was sustained. For instance, in matters seeking damages where the victim has perished due to bodily injuries sustained from exposure to the contaminated water, the case may proceed under the North Carolina Wrongful Death Act (North Carolina Gen. Stat. § 28A-18-2) and the North Carolina Survival Statute (North Carolina Gen. Stat. § 28A-18-1 ).
6. Are punitive damages available for water contamination injuries under the Camp Lejeune Act?
No. The Camp Lejeune Act expressly excludes punitive damage awards in language that states:
(f) No punitive damages.—Punitive damages may not be awarded in any action under this section.
7. What About VA Disability Benefits or SSA Disability Benefits?
You are not barred from filing a lawsuit pursuant to the Camp Lejeune Act if you are receiving disability benefits from the government. If you file a claim as provided by the Camp Lejeune Act and recover personal injury damages from the United States Government as a result, then there will be an offset reflecting the percentage of your disability payment corresponding to the qualifying condition caused by the Camp Lejeune toxic water.
The monetary damages available under the Camp Lejeune Act may well be in greater amounts that the disability payments being received.
The Camp Lejeune Act provides:
(2) HEALTH AND DISABILITY BENEFITS RELATING TO WATER EXPOSURE.—Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative— (A) under— (i) any program under the laws administered by the Secretary of Veterans Affairs; (ii) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or (iii) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and (B) in connection with health care or a disability relating to exposure to the water at Camp Lejeune.
8. Is the Camp Lejeune Act Providing More VA Benefits?
No. The Camp Lejeune Justice Act of 2022 is a new federal law that creates a new federal cause of action for victims to use to file lawsuits for personal injury damages in federal court. The damages that are awarded must be paid by the United States Government as the defendant in these cases.
These matters are independent from the VA benefits process for Camp Lejeune toxic water harm and the monies awarded are not VA benefits. For more about the Camp Lejeune VA Benefits, available to injured victims since 2012, see the information page of the Department of Veterans Affairs website.
Seeking Justice Under the Camp Lejeune Justice Act of 2022
Victims of catastrophic injuries or fatal harm from the contaminated water at Camp Lejeune during the years 1953 to 1987 are now able to find justice for themselves and their loved ones with the passage of the new 2022 legislation.
The bodily injuries that can be caused by the contaminants are widespread. While many lists of known and established illnesses and injuries (e.g., heart defects) have been compiled and published, these toxins are known to result in all sorts of human tragedy.
Accordingly, 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 case investigated to determine whether or not they are eligible to receive personal injury damages for harm was due to these known water contaminants pursuant to the Camp Lejeune Act.
Of course, there are many questions to be asked in each of these matters. For some, it may seem like a needle in a haystack to substantiate that a loved one’s cancer diagnosis or a mother’s miscarriage so long ago can be legally tied to the Camp Lejeune water. This is where experienced personal injury advocates can be invaluable.
For more details regarding the Camp Lejeune Toxic Water Claims, see our earlier articles:
- Who Can File a Camp Lejeune Water Contamination Lawsuit for Toxic Water Injuries?
- Diseases and Harm From Camp Lejeune Toxic Water Contamination
- 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.
It is a shocking travesty that so many of our military veterans, their families, as well as reservists and those supporting the base operations in a civilian capacity have not only suffered such horrible exposure for so many years, but that justice has been denied to them until now. Please be careful out there!
